PRELIMINARY INFORMATION
ARTICLE 1 - PARTIES AND SUBJECT
The subject of this Preliminary Information Form is to inform consumers, in accordance with the provisions of the "Law on the Protection of Consumers and the Regulation on Distance Contracts", regarding the distance contract between the person who will purchase the product from the internet ("BUYER") and Agreka Bilimsel Doğal Yaşam Ürünleri San. Ve Tic. Ltd. Şti. ("SELLER ") located at Saray Mahallesi Dr. Adnan Büyükdeniz Caddesi (OryaPark Residence) No: 3 A Da:120 Ümraniye / Istanbul. In addition, in accordance with the Distance Contracts Regulation, information on the matters in 5/1 a, d, g and h items is included in this Preliminary Information Form.
1.1) SELLER
Title: Agreka Bilimsel Doğal Yaşam Ürünleri San. Ve Tic. Ltd. Şti.
Address: Saray Mahallesi Dr. Adnan Büyükdeniz Caddesi (OryaPark Residence) No: 3 A Da:120 Ümraniye / İstanbul
Phone: 0 216 266 03 79
E-mail: info@agreka.com.tr
1.2) BUYER
The person who is a member of the www.agreka.com.tr shopping site as a customer. The address and contact information used while becoming a member is essential.
Name/Surname/Title:
Address:
Phone:
E-mail:
ARTICLE 2 – FEATURES OF THE PRODUCT(S) SUBJECT TO SALE
2.1) The main features of the Product / Products (type, quantity / number, brand / model, color, sales price, payment method, delivery information) are included on the website of the SELLER at www.agreka.com.tr (hereinafter referred to as the SITE).
2.2) Prices listed and announced on the SITE are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
However, the current price to be notified to the BUYER is valid for price differences that are incorrectly written and not updated due to the late notification of the supplier. In case of error, if more than the product price is charged, the difference is returned to the BUYER. If the actual price of the product is different from the one announced, the BUYER is notified of the actual price. In line with the request of the BUYER, the sale is made over the real price or the sale is cancelled. The SELLER is not responsible for price errors caused by typesetting and system errors.
2.3) Cargo fee, which is the cost of shipping the product, all other surcharges such as taxes, duties and fees will be paid by the BUYER. These are non-refundable.
2.4) Due to the fact that the forward sales are made only with the credit cards of the Banks, BUYER accepts, declares and undertakes that he / she will confirm the relevant interest rates and information about default interest separately from the bank, that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER, in accordance with the provisions of the legislation in force.
In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank.
2.5) The type, quantity / number, brand / model, color, sales price, payment method, delivery information of the Good / Product / Service consists of the information at the time the order is finalized:
Product Name:....
Product Quantity:…
Product Sales Price:....
Shipping cost:....
Delivery Person:....
Delivery Address:.....
Billing address:….
Order date:….
ARTICLE 3 - GENERAL PROVISIONS
3.1) The BUYER declares that he / she has read and has preliminary information regarding the basic features (type, amount / number, brand / model, color, sales price, payment method, delivery information) of the contractual product(s) on the SITE and declares that he / she gives the necessary confirmation in electronic environment. By confirming this Preliminary Information electronically, before the conclusion of distance contracts, the BUYER confirms that she / he has been obtained the information correctly and completely regarding the address to be given by the SELLER to the BUYER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information.
3.2) The product/s subject to the contract shall be delivered to the BUYER or the person / organization at the address indicated, by the SELLER's contracted cargo company, within the period described in the preliminary information on the SITE, depending on the distance of the BUYER's residence, for each product provided that it does not exceed the legal 30-day period. The SELLER sends and delivers the products it sells to the BUYERS through contracted cargo companies. In the event that the cargo company does not have a branch in the location of the BUYER, the BUYER must receive the Product from another branch of the cargo company nearby that is reported by the SELLER. The delivery date of the products specified as "estimated delivery date" on the SITE is stated as an estimate, and this statement does not include any commitment. These products will be delivered to the BUYER within 30 days at the latest, as specified in the legislation.
3.3) In general, unless otherwise stated, the delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or a part of the delivery costs in question to the BUYER, depending on the results of the campaigns carried out at the time of sale and announced on the SITE. (For example, due to the use of the right of withdrawal in chartered cargo campaigns, in case of remaining below the order amount required for the free shipping application, The SELLER has the right to collect the shipping cost from the BUYER.)
3.4) In case that the BUYER is not present at the address at the time of delivery of the products, the SELLER will be deemed to have fulfilled its obligation fully and completely. In case that there is no one to take delivery at the address, it will be the BUYER's responsibility to follow up the shipment of the products by contacting the cargo company. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or not accepting the delivery. In these cases, any damage caused by the BUYER's late pick up of the Product and any expense incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER belongs to the BUYER.
3.5) The SELLER cannot be held responsible for the failure of the delivery of the ordered product to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.
3.6) The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
3.7) The BUYER is responsible for checking the product as soon as it is received and when she / he sees a problem with the product caused by the cargo, not accepting the product and keeping a report to the cargo company official. Otherwise, the SELLER will not accept responsibility.
3.8) Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. If the price of the Product is not fully paid to the SELLER before delivery in cash sales, and the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the Contract and not deliver the Product. If, for any reason, after the delivery of the product, the bank/financial institution to which the credit card is processed does not pay the Product price to the SELLER, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest, at the BUYER's expense. All other contractual-legal rights of the SELLER, including the follow-up of the Product price without accepting the return, are reserved separately and in any case. The SELLER shall not be liable for any payments made by the bank and/or financial institution to the SELLER, for which a failed code is sent by the bank and/or financial institution for any reason.
3.9) In case that it is understood that the contracted products cannot be supplied for a justifiable reason, except for extraordinary circumstances, the SELLER may inform the BUYER and supply another product/service of equal quality and price by obtaining his / her approval, and it is deemed to have fulfilled its contractual commitment in this way. In cases where the BUYER does not approve, the provisions regarding the cancellation of the order in article 3.10 are applied.
3.10) If the SELLER cannot deliver the product subject to the contract within the legal 30-day period due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In case the BUYER cancels the order, the amount paid is paid to him / her in cash and in full within 10 days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since after this amount is returned to the bank, the reflection on the BUYER's accounts is completely related to the bank transaction process, the BUYER already accepts that it may not be possible for the SELLER to intervene in any way for possible delays and it may take an average of 2 to 3 weeks for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account.
3.11) This Preliminary Information Form must be 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 is deemed to be relieved of its obligation to deliver the product.
ARTICLE 4 - RIGHT OF WITHDRAWAL
4.1) The BUYER may use his / her right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, within 14 (fourteen) days from the date of delivery of the product (Excluding Concert and Event Tickets) to himself / herself or the person/organization at the address indicated, in distance contracts regarding the sale of goods. In distance contracts related to service provision, this period starts on the date of signing of the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer.
4.2) The BUYER accepts in advance that it has been informed by the SELLER with this Preliminary Information Form before accepting the distance contract or any corresponding offer. The costs arising from the use of the right of withdrawal belong to the SELLER.
4.3) In order to exercise the right of withdrawal from the contract, the SELLER must be notified by registered mail or e-mail within 14 days and the product must not be used in accordance with the provisions of article 4 below.
The following periods are taken as basis in determining the right of withdrawal period;
In case of exercising the right of withdrawal from the contract:
The product/s delivered to the BUYER or the person/organization indicated by the BUYER;
(a) must be delivered completely and undamaged together with the invoice and return form.
Important notice: If the invoice of the product/s to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.
(b) its original box, packaging, standard accessories, if any, must be intact. Products whose original box/package has been opened/deteriorated, the protective tape on the package has been opened, has been used even once, the shipping label has been affixed on the original box and/or the products that have been taped with the cargo parcel tape are not accepted and the return of products that have lost their resaleability feature and cannot be purchased by another buyer will not be accepted by the SELLER.
(c) The SELLER will check the product(s) for which the notification of withdrawal has been received, and if there is no opening/deterioration in the package of the product/s, the SELLER will return the total price and the documents that put the BUYER under debt to the BUYER, and will refund the product(s) within 10 (ten) days at the latest from the date the product/s reaches the SELLER.
In cases where the SELLER detects any opening, use, deterioration, breakage, destruction, tearing and other conditions in the product and its packaging, and if the product is not returned as it was when it was delivered to the BUYER, the product will not be returned, the price will not be refunded, the return approval will be canceled and the products will be sent back to the BUYER with the contracted cargo company, as BUYER paid.
(d) If there is a decrease in the value of the product(s) or the return becomes impossible due to the BUYER's fault, the BUYER shall compensate the SELLER's losses at the rate of the BUYER's fault. During the return shipment, the responsibility of any deterioration or similar depreciation in the product and the documents and materials sent with the product, due to reasons arising from the cargo companies or the BUYER who performed the return process, belongs to the BUYER, who makes the return. In such a case, the SELLER is not obliged to return the products and pay the price back.
(e) In case of falling below the campaign limit amount, if any, set by the SELLER due to the exercise of the right of withdrawal from the contract, the discount amount used within the scope of this campaign will be cancelled.
(f) In cases where products different from the order or the photos or descriptions on the SITE are sent to the BUYER, the use of the right of withdrawal is subject to the condition that the security label of the product has not been opened.
(g) The shipping cost of the product returned due to the right of withdrawal shall be borne by the SELLER in domestic orders and by the BUYER in international orders. The SELLER does not refund the shipping fee collected from the BUYER while selling the product.
(h) The SELLER does not refund the shipping fee collected from the BUYER while selling the product.
While the product is being returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the product (in order to ensure consistency in the accounting records) must also be returned. If the invoice is not sent to the SELLER with the product or within 5 days from the delivery of the product at the latest, no refund will be made, the product will be sent back to the BUYER with the BUYER paid in the same way. On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the BUYER.
ARTICLE 5 – PRODUCTS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
Within the framework of the provisions of Article 15 titled "Exceptions to the right of withdrawal" of the Regulation on Distance Contracts published in the Official Newspaper dated 27.11.2014 and the provisions of Article 5 of the distance sales contract approved electronically between the Parties, the product/s for which the right of withdrawal will be used must be unused and can be offered for resale by the SELLER.
The BUYER will not be able to use the right of withdrawal in the following contracts:
The BUYER accepts these conditions and carries out her / his shopping.
ARTICLE 6 - SPECIAL CONDITIONS
6.1) The SELLER, at its own discretion, may organize various campaigns (campaigns in which the discounts to be determined by the SELLER are reflected to the BUYERS in cases where the conditions are determined by the SELLER) at various times for the BUYERS on the SITE. In so far, in the event that the BUYER returns the products purchased for any reason, due to the right of withdrawal etc., if the campaign conditions arranged by the SELLER cannot be met for any reason, the discount amount/benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the BUYER.
6.2) If the BUYER is able to benefit from more than one campaign on the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that he will not claim any rights in such a case.
6.3) The SELLER reserves the right to stop, update and change the campaign conditions at any time the campaigns announced on the SITE. The BUYER is required to review the campaign conditions before each shopping to be made from the SITE.
6.4) By organizing campaigns, the Bank may apply a higher number of installments than the number of installments chosen by the BUYER, and services such as installment postponement can be offered. Such campaigns are at the initiative of the bank and if the SELLER is aware, information about the campaigns is provided on the SITE. As of the credit card account cutoff date, the order total will be divided by the number of installments and reflected in the credit card summary by the bank. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of a detailed payment plan is at the discretion of the bank.
ARTICLE 7 - RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL - INDUSTRIAL RIGHTS
7.1) Information such as name, surname, e-mail address, TR Identity number, demographic data, financial data, etc. of the BUYER, which can be defined as personal data within the scope of the Law on the Protection of Personal Data No. 6698 an be recorded indefinitely / temporarily, kept in written / magnetic archives, used, updated, shared, transferred and processed by the SELLER, SELLER affiliates and third parties and / or organizations with the purposes of taking orders, offering products and services, developing products and services, solving systemic problems, performing payment transactions, to be used in marketing activities about orders, products and services if prior approval is given, for updating the information of the BUYER, for the management and maintenance of the memberships, and for the execution of the distance sales contract and other contracts established between the BUYER and the SELLER and to ensure that the technical, logistics and other similar functions of third parties are performed on behalf of the SELLER.
7.2) In accordance with the applicable legislation, commercial electronic communications can be made by the SELLER to the BUYER, via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax and other electronic communication tools, for the purposes of promotion, advertisement, communication, sales and marketing regarding all kinds of products and services, for credit card and membership information, transactions and applications. The BUYER has accepted to receive commercial electronic messages.
7.3) The necessary measures for the security of the information and transactions entered by the BUYER on the SITE have been taken in the system infrastructure of the SELLER, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
7.4) The BUYER may request the data usage-processing and/or communication to be stopped at any time by reaching the SELLER through the specified communication channels. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he / she can always apply to the SELLER and get information about objection to the emergence of a result against him / her by means of transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or inaccuracy, notification of the corrected information to the relevant third parties, deletion or destruction of data, analysis with automatic systems, removal of damage in case of damage due to illegal processing of data. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
7.5) Regarding all kinds of information and content belonging to the SITE and their arrangement, revision and partial/complete use, except for those belonging to other third parties, according to the SELLER's agreement, all intellectual and industrial rights and property rights belong to Agreka Bilimsel Doğal Yaşam Ürünleri San. Ve Tic. Ltd. Şti.
7.6) On other sites accessed from the SITE, their privacy, security policies and terms of use are valid, the SELLER is not responsible for any conflicts and negative consequences that may arise.
8. EVIDENCE AGREEMENT AND AUTHORIZED COURT
8.1) SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in the resolution of any dispute that may arise from the Distance Sales Agreement and/or its implementation. Parties agreed that in disputes arising from the implementation and interpretation of the Contract, within the monetary limits determined within the framework of the legislation, Consumer Arbitration Committees in the place of residence of the BUYER and SELLER, will be authorized; In cases exceeding that limit, the Consumer Courts in the place of residence of the BUYER and the SELLER will be authorized.
9. RESOLUTION OF DISPUTES
9.1) The Consumer Arbitration Committees and the Consumer Courts in the place where the BUYER purchased the Goods or Services and where the residence is located, are authorized up to the value declared by the Ministry of Industry and Trade, in the implementation of this Preliminary Information and in the resolution of any disputes arising from this contract. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Consumer Protection Law No. 6502.
