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1. PARTIES
This Agreement has been executed by and between the following parties under the terms and conditions set forth below.
A. ‘BUYER’ (hereinafter referred to as "BUYER" in the contract)
Name-Surname: {$customer.firstname} {$customer.lastname}
Address: {$address.delivery}
B. ‘SELLER’ (hereinafter referred to as "SELLER" in the contract)
Company Name: 3DGrande Teknoloji Bilişim Hizmetleri A.Ş.
Address: Zümrütevler Mah. Gürcüdağ Sk. No:7B Maltepe/İstanbul
By accepting this agreement, the BUYER agrees in advance that, in case the order subject to the contract is confirmed, the BUYER will be under the obligation to pay the order amount and any additional charges such as shipping fees, taxes, etc., and has been informed accordingly.
2. DEFINITIONS
The following terms shall have the meanings assigned to them in the application and interpretation of this contract: MINISTER: Minister of Customs and Trade, MINISTRY: Ministry of Customs and Trade, LAW: Law No. 6502 on the Protection of Consumers, REGULATION: Regulation on Distance Contracts (OG:27.11.2014/29188) SERVICE: Any consumer transaction other than providing goods made or committed to be made in exchange for a fee or benefit, SELLER: The company that offers or acts on behalf of or in the account of the consumer within the scope of its commercial or professional activities, BUYER: A real or legal person who acquires, uses, or benefits from a good or service for purposes not related to commercial or professional activities, SITE: The website belonging to the SELLER, ORDERING PERSON: A real or legal person requesting a good or service from the SELLER's website, PARTIES: SELLER and BUYER, CONTRACT: This agreement concluded between the SELLER and the BUYER, GOOD: Movable property subject to shopping and software, sound, images, and similar intangible goods prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sale price of which are specified below, which the BUYER has ordered electronically from the SELLER's website. The prices listed and announced on the site are the selling prices. Announced prices and promises are valid until they are updated and changed. The prices announced for a period are valid until the end of the specified period.
4. SELLER INFORMATION
Company Name: 3DGrande Teknoloji Bilişim Hizmetleri A.Ş.
Address: Zümrütevler Mah. Gürcüdağ Sk. No:7B Maltepe/İstanbul
Phone: 0 (216) 766 55 77
E-Mail: info@3dgrande.com
5. BUYER INFORMATION
Name of the person to be delivered: {$customer.firstname} {$customer.lastname}
Delivery Address: {$address.delivery}
Phone: {$customer.phone_mobile}
E-Mail/Username: {$customer.email}
6. ORDERING PERSON INFORMATION
Name-Surname/Title:
Address:
Phone:
E-Mail/Username:
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
7.1 The basic qualities (type, quantity, brand/model, color, quantity) of the goods/products/services are published on the SELLER's website. You can review the basic features of the product during the campaign period. The campaign is valid until the specified date. 7.2 The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a period are valid until the end of the specified period. 7.3 The total selling price of the goods or services subject to the contract, including all taxes, is shown in the table below.
{foreach from=$cart.products item=product}
Product Description: {$product.name}
Quantity: {$product.quantity}
Unit Price: {$product.price}
Subtotal (Including VAT): {$product.total_wt}
{/foreach}
Shipping Fee: {$order.total_shipping}
Total: Calculated Total
Payment Method: Credit Card
Delivery Address: {$address.delivery}
Person to be Delivered: {$customer.firstname} {$customer.lastname}
Invoice Address: {$address.invoice}
Order Date: {$smarty.now|date_format:"%Y-%m-%d"}
7.4 The shipping fee, which is the product shipping cost, will be paid by the BUYER.
8. INVOICE INFORMATION
Name-Surname/Title: {$customer.firstname} {$customer.lastname}
Address: {$address.delivery}
Phone: {$customer.phone_mobile}
E-Mail/Username: {$customer.email}
Invoice Delivery: The invoice will be delivered to the invoice address together with the order during delivery.
9. GENERAL PROVISIONS
9.1 The BUYER accepts, declares, and undertakes that the BUYER has read and understood the preliminary information about the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, and has given the necessary confirmation electronically. The BUYER declares that the BUYER has obtained the correct and complete information about the address, the basic characteristics of the ordered products, the price of the products including taxes, the payment and delivery information, and has confirmed this electronically before the distance sales contract is concluded.
9.2 Each product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within 30 days, provided that the legal period of 30 days is not exceeded, depending on the distance of the BUYER's place of residence as stated in the preliminary information section on the website. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3 The SELLER agrees, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with documents such as warranty certificates and user manuals, if any, to perform the work in accordance with the principles of integrity and honesty in accordance with the legal regulations, to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
9.4 The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it informs the BUYER and obtains the BUYER's explicit approval.
9.5 If the SELLER fails to fulfill its contractual obligations in the event that the delivery or performance of the product or service ordered becomes impossible, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning about this situation and to return the total price to the BUYER within 14 days.
9.6 The BUYER agrees, declares, and undertakes to confirm this Agreement electronically for the delivery of the product subject to the contract, and if the product subject to the contract price is not paid for any reason and/or it is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will cease.
9.7 The BUYER accepts, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER, and if 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 after the delivery, the BUYER will return the product subject to the contract to the SELLER within 3 days at the SELLER’s expense for the shipping costs.
9.8 The SELLER agrees, declares, and undertakes to notify the BUYER if it cannot deliver the product subject to the contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation, etc., which prevent the fulfillment of the contract. In this case, the BUYER has the right to request the cancellation of the order, the replacement of the product subject to the contract with its equivalent, if any, and/or the postponement of the delivery time until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid in cash by the BUYER shall be refunded to the BUYER in cash and in full within 14 days. For credit card payments, the product price will be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER acknowledges, declares, and undertakes that the average process of the bank reflecting the refunded amount to the BUYER’s account may take 2 to 3 weeks, and this time frame is entirely related to the bank's transaction process, and the BUYER cannot hold the SELLER responsible for possible delays.
9.9 The SELLER has the right to contact the BUYER via letter, email, SMS, phone call, and other means through the address, email address, landline, and mobile phone numbers and other contact information provided by the BUYER in the registration form on the site or updated by the BUYER later. The BUYER accepts and declares that the SELLER may engage in the aforementioned communication activities with the BUYER by accepting this agreement.
9.10 The BUYER shall inspect the goods/services subject to the contract before taking delivery; they will not receive damaged or defective goods/services such as crushed, broken, torn packaging, etc. from the courier company. The received goods/services shall be deemed undamaged and intact. The careful protection of the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11 If the holder of the credit card used during the order is not the same person or if a security gap is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the bank of the cardholder stating that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12 The BUYER declares and undertakes that the personal and other information provided by the BUYER while signing up to the SELLER’s website is true, and the BUYER shall indemnify all damages suffered by the SELLER due to the inaccuracy of this information, immediately, in cash and in lump sum upon the first notification from the SELLER.
9.13 The BUYER agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and penal obligations shall completely and exclusively bind the BUYER.
9.14 The BUYER shall not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, violates the intellectual and property rights of others. In addition, the member shall not engage in activities that prevent or complicate the use of services by others (spam, virus, Trojan horses, etc.).
9.15 Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided through the SELLER’s website. These links are provided to facilitate redirection and do not support any website or the person operating that site, nor do they constitute any kind of guarantee for the information contained in the linked website.
9.16 A member who violates one or more of the articles listed in this contract shall be personally and criminally liable for the violation, and shall keep the SELLER free from the legal and criminal consequences of these violations. Also; if the case is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1 The BUYER may exercise the right of withdrawal from the contract without any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization at the address indicated by the BUYER for contracts related to the sale of goods. In service contracts, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the execution of the service has been initiated with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that they have been informed about the right of withdrawal.
10.2 To exercise the right of withdrawal, the SELLER must be notified by registered mail, fax or email within 14 (fourteen) days, and the product must not be used within the framework of the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. In case this right is exercised, a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns whose invoices are issued to institutions cannot be completed unless a RETURN INVOICE is issued.) b) The return form, c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any. d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to receive the goods within 20 days. e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages at the rate of their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period. f) In case of falling below the campaign limit amount organized by the SELLER due to the exercise of the right of withdrawal, the amount of discount used within the scope of the campaign is canceled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The products prepared in line with the BUYER’s request or clearly personal needs and which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, makeup products, disposable products, products that are in danger of deteriorating quickly or that are likely to expire, are not suitable for health and hygiene if unpacked by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables cannot be returned if their packaging has been unpacked by the BUYER. Additionally, the right of withdrawal cannot be exercised for services initiated with the approval of the consumer before the expiration of the right of withdrawal period as per the Regulation. Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and tapes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, intact, and unused for return.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees, declares, and undertakes that if the BUYER defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; the BUYER may have to bear the costs and attorney fees, and in any case, the BUYER agrees, declares, and undertakes that if the BUYER defaults on the debt, the BUYER will compensate the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In the resolution of any disputes arising from this contract, complaints and objections shall be submitted to the consumer problems arbitration committee or the consumer court where the BUYER’s place of residence is located or where the consumer transaction is carried out within the monetary limits set forth in the law below. Information on the monetary limit is as follows: Valid from 28/05/2014: a) In disputes with a value of less than 2,000.00 (two thousand) TL in accordance with Article 68 of the Law on the Protection of Consumers No. 6502, the district consumer arbitration committees, b) In disputes with a value of less than 3,000.00 (three thousand) TL in the provincial consumer arbitration committees, c) In disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL in provinces with metropolitan status, applications shall be made to the provincial consumer arbitration committees. This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the Site, the BUYER is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to ensure that the contract in question is read and accepted by the BUYER on the site before the order is placed.
SELLER: 3DGrande Teknoloji Bilişim Hizmetleri A.Ş.
BUYER: {$customer.firstname} {$customer.lastname}
DATE: {$smarty.now|date_format:"%Y-%m-%d"}