This Agreement includes the cases where the BUYER (Consumer) makes transactions with the application, phone, whatsapp line on the mobile device, on the electronic commerce website of the SELLER at www.souba.com.tr (all of the channels listed above are now under the 'INTERNET SITE). ') regulates the rights and obligations of the parties regarding the sale-delivery of the following products / services ("Product / Products") to the BUYER and other matters. After the BUYER approves this Agreement on the INTERNET SITE, the price and expenses of the Product (s) ordered are collected by the payment method chosen.
Article 1 - PARTIES
Address: Bakır ve Pirinç Sanayi Sitesi, Sardunya Cad. No: 7 PK 34524 Beylikdüzü - İstanbul
Name and surname/
Article 2 - CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY
The Delivery Information including the Type and Type, Quantity, Brand / Model / Color, Unit Price (s) and Sales Price and Payment (collection) Information and the place of delivery notified by the BUYER of the products (goods / services) are as follows. If the cargo company that will make the delivery does not have a branch in the place where the BUYER is located, the BUYER must take delivery from another close branch to be notified by the SELLER (The necessary notification will be made to the BUYER by e-mail / mail, SMS or telephone). Other issues related to delivery are specified in Article 7 below of the Contract.
Product / Service Description Price
Payment Method CREDIT / DEBIT CARD
Delivery address :
Invoice information :
Person to be Delivered:
Billing address :
Article 3 - THE ISSUES TO BE INFORMED BY THE BUYER
The BUYER acknowledges that he has been informed about the following issues by seeing and examining all the general-specific explanations on the relevant pages-sections of the INTERNET SITE before the BUYER is established with the acceptance of this Agreement on the INTERNET SITE and is under the obligation to pay and order.
- SELLER's title and contact information and up-to-date introductory information,
- The stages of the sales process during the purchase of the product (s) from the INTERNET SITE and the appropriate tools-methods for correcting the wrongly entered information,
- Electronic contact information from the Vocational Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and ITO's code of conduct regarding the profession (Phone: 4440486, www.ito.org.tr)
- Confidentiality applicable to the BUYER information applied by the SELLER, data usage-processing and electronic communication rules to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
- Shipping restrictions stipulated by the SELLER for products,
- The payment methods-means accepted by the SELLER for the Product (s) subject to the contract, and the basic features-attributes of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER including the related expenses),
- Information about the procedures for the delivery of the products to the BUYER and the shipping-delivery-shipping costs,
- Other payment / collection and delivery information regarding the products and information regarding the execution of the Contract, the commitments and responsibilities of the parties in these matters,
Products and other goods and services for which the BUYER does not have the right of withdrawal,
- In cases where the BUYER has the right of withdrawal, the conditions, duration and procedure of using this right and the BUYER will lose the right of withdrawal if the right is not used in time,
- In the Products with the right of withdrawal, if the product is damaged or changed due to the use in accordance with the instructions, ordinary functioning or technical specifications within the period of withdrawal, the BUYER's withdrawal request may not be accepted and the SELLER will be liable to the SELLER in any case. in cases where he / she may collect an amount that he / she deems appropriate according to the aforementioned defect or change by deduction from the refund to the BUYER,
- In cases where the right of withdrawal is available, how to return the Products to the SELLER and all related financial issues (return ways, expense and return of the Product price and the reward points earned / used by the BUYER during the return, free products in campaign sales, other free / discounted / discounted products provided opportunities, gift vouchers, etc., including discounts and deductions that can be made without repayment to the BUYER, and additional collections from the BUYER depending on the situation),
- If the BUYER is a legal person, it will not be able to use the "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered as such in any case),
- According to its nature, all other terms of sale included in this Contract and since this Contract has been approved by the BUYER on the INTERNET SITE and sent to the BUYER by e-mail, it can be stored and accessed by the BUYER for a period of three years. that he can keep before
- Transactions-practices about privacy, personal data and electronic communications,
- In case of dispute, the BUYER may submit its complaints to the SELLER and make legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
Article 4 - RIGHT TO WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without stating any justification and paying any penalty.
However, in the contracts regarding the following goods / services, there is no right of withdrawal, even if they are not used / used: a) Goods prepared in line with the special requests of the BUYER or his personal needs and dimensions (those that are made special to the person / personal needs by making changes or additions on them. , Including special Products imported / supplied from the country or abroad based on the BUYER's order) b) cosmetics etc. and chocolate etc. Perishable or expired goods such as foodstuffs c) goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene d) goods that are mixed with other products after delivery and cannot be separated due to their nature f ) all services performed instantly in electronic environment and all kinds of intangible goods delivered to the consumer instantly g) goods or services whose price varies depending on fluctuations in the financial markets and are not under the control of the seller / provider, h) Services that are started to be performed within the period of withdrawal with the approval of the BUYER and i) In general, other goods and services considered outside the scope of distance sales in accordance with the relevant legislation and the cases where the BUYER purchases for commercial / professional purposes. j) In particular, since all rings will be adjusted according to the size of the finger that the BUYER chooses during the order, the BUYER cannot use the right of withdrawal for the products that are produced in accordance with the special requests and demands of the BUYER or made personalized by making changes or additions on them, and products without workmanship.
In cases where the use of the right of withdrawal is possible, the BUYER is responsible for the changes and deteriorations that occur if the product does not use it in accordance with its functioning, technical specifications and usage instructions. Accordingly, if there is a change or deterioration due to the non-use of the Product in accordance with the instructions for use, technical specifications and functioning, the BUYER may lose its right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the product to be returned, up to the change / deterioration.
In cases where there is a right of withdrawal, the BUYER must send a clear notification in writing to the SELLER within the legal 14-day period. In the event that the said right is used within the time limit, the Product must be sent to the above address of the SELLER at the expense of the BUYER within a maximum of ten (10) days.
In this return process, the product must be delivered complete and undamaged with the box, packaging and standard accessories, if any. In addition, in accordance with the tax legislation, in addition to the cases where a Return Invoice is required by the BUYER by law, the following section on the return will be filled and signed on the invoice to be returned with the Product. Order returns that require a return invoice will not be accepted unless a Return Invoice is issued.
"The address to be returned to the product, the address of the SELLER / the address of the shipping company delivered for return."
Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of receipt of the withdrawal notification to the SELLER, the product price and the delivery costs of the Product to the BUYER, if any, are returned to the BUYER in accordance with the payment instrument used when purchasing the Product. is.
The BUYER's legal rights and responsibilities regarding the Products after the withdrawal period, and the SELLER's rights and obligations including the contractual and legal collection-offset rights, including those related to the reward points, free / discounted / discounted sales of the BUYER and valid.
Article 5 - SPECIAL CONDITIONS TO BE APPLIED WHEN THE BUYER GAINS AWARD POINTS WHEN PURCHASING THE CONTRACTED PRODUCT AND / OR MAKES A PAYMENT TO THE SELLER BY USING AWARD POINTS
5.1. Between an institution that earns reward points, etc., and between the BUYER and the SELLER, discounts on purchases from the SELLER's INTERNET SITE, etc. If the BUYER has earned such a reward score due to the agreement of the SELLER and the contract with the said organization, as a result of the contract with the said organization, the BUYER may withdraw from this Contract and terminate it by other means / In cases where a refund is made to the BUYER with the cancellation of the order, the amount (monetary value) of the reward points, gifts and the like earned by the BUYER with the purchase subject to this Contract is taken back from the BUYER.
Namely; Unless a different method is stipulated in the agreement of the SELLER with the relevant organization, if the BUYER has sufficient-other reward points in the mentioned organization-system (excluding the reward points earned with the shopping subject of this Agreement), first of all the reward points are not available. is made by deducting (deducting) from the amount that the SELLER will return to the BUYER.
5.2. The payment to the SELLER in the product purchase subject to this Contract by the BUYER is partially / fully reward points etc. In cases where the product purchased in this way is returned to the BUYER in accordance with the relevant provisions of this Contract, the reward points used by the BUYER when purchasing the Product on the INTERNET SITE and Similar ones can be returned to the BUYER (again in points), unless the SELLER has a different agreement with the relevant organization.
5.3. As a general rule, in cases where unfair reward points gain or use is determined by the BUYER in any way, the monetary value-amount of the aforementioned reward points may be collected by the SELLER from the BUYER (credit card, cash and other legal methods). This provision also applies to the price of the goods given as a gift to the BUYER by the SELLER as a result of the application of such a system.
5.4. The acquisition and usage transactions of the award points and the like are subject to the provisions of the agreements and contracts between the said organization and the BUYER and the SELLER, and the SELLER may use all certain rights-authorities before the BUYER and the organization in relevant cases, It may also perform the relevant transactions on behalf and / or account of the specified organization and / or other workplaces in the same system.
5.5. Reward points, gift vouchers, etc. earned from or used by the SELLER. Cash against money requests are not accepted under any circumstances and under any circumstances.
5.6. The SELLER accepts no liability for any disputes between the BUYER and the aforementioned organizations and any material, legal, financial or non-financial consequences thereof; the above provisions are valid and reserved.
5.7. The above provisions, if any, are also applied by analogy to the Consumer's reward points earned and used directly from the SELLER.
All consumers who earn reward points from the INTERNET SITE / SELLER or use the reward points etc. in their payments to the SELLER, thus the BUYER accepts the above special conditions.
Article 6 - RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL RIGHTS
In the INTERNET SITE, the privacy rules-policy and conditions, the current principles of which are set forth below, are valid for the protection, confidentiality, processing-use and communications and other issues.
6.1. The necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE are taken within the system infrastructure of the SELLER, within the scope of the current technical possibilities according to the nature of the information and transaction. However, since the information in question is entered from the BUYER device, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to be protected by the BUYER and not to be accessed by unrelated persons.
6.2. In addition to the consent and approval of the personal data and commercial electronic communications provided by the BUYER in other ways; Providing various products / services by the SELLER, group companies and third parties deemed appropriate, and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, the information obtained during the BUYER's membership to the INTERNET SITE and purchases, For electronic and other commercial-social communications to be made for credit card and membership applications, it can be recorded indefinitely or for a period of time to be determined by those and their successors, stored in printed / magnetic archives, updated, shared, transferred, transferred, used, etc. can be processed with images. These data can also be transmitted to the relevant Authorities and Courts when required by law. The BUYER consents and gives permission for the use, sharing, processing and making of non-commercial and non-commercial electronic communications and other communications, in accordance with the legislation on the protection of personal data and electronic commerce legislation, of its existing and new information.
6.3. The BUYER can always stop the data usage processing by reaching the SELLER through the specified communication channels and / or accessing the same channels legally or by using the right of rejection in the electronic communications sent to him. According to the BUYER's explicit notification on this matter, personal data transactions and / or communications to its party are suspended within the legal maximum period; In addition, if he wishes, his information other than legally required and / or possible ones are deleted from the data recording system or made anonymous in an anonymous way. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the occurrence of a result against him by automatic systems, the data is against the law You can always contact the SELLER through the above communication channels and get information on issues such as compensation in case of damage due to processing. Applications and requests regarding these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
6.4. Regarding all kinds of information and content of the INTERNET 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 the SELLER.
6.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; These changes will be valid from the moment they are announced by the SELLER on the INTERNET SITE or through other appropriate methods.
Article 7 - GENERAL PROVISIONS
7.1. The contractual Product is delivered to the BUYER or to the third person / organization at the address indicated on the INTERNET SITE, on the basis of the following principles, provided that the legal 30-day period is not exceeded.
The SELLER sends and delivers the Products through the contracted courier company for their shipments. In the event that this cargo company does not have a branch in the place where the BUYER is located, the BUYER must receive the Product from another close branch of the cargo company notified by the SELLER.
Products in stocks are delivered to the courier company to be delivered to the person and address notified by the CONSUMER during the order within seven (7) days from the date of the order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 5 (five) business days under normal conditions, although it varies according to their distance.
7.2 In general, delivery costs (shipping costs, etc.) belong to the BUYER unless clearly stated otherwise. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the campaigns carried out at the time of sale and announced on the INTERNET SITE. In cases where the right of withdrawal is used for all of the products subject to the order and for some of them (which the BUYER makes use of), if the SELLER's free shipping (delivery) campaign falls below the minimum shopping amount, the entire amount of the delivery-cargo price not collected within the scope of the campaign is returned to the BUYER. (This fee is refunded in cases where the BUYER pays the delivery-shipping fee). Similarly, in cases where the BUYER receives a discount or a free (gift) product of the same nature with the minimum amount of any SELLER campaign, gift vouchers, etc. In all cases where the right of withdrawal is used for all or a part of the products subject to the order, the minimum amount is reduced or gift vouchers in any way. If the conditions of benefiting from the campaign / earning or usage conditions are broken or not followed by the BUYER, the whole of the discount / discount (if any, the price of the gift product) is deducted from the amount to be returned to the BUYER, in cases where it is not sufficient. are collected from the payment instrument (including credit card, etc.) used during shopping; (Virtual / physical) gift vouchers, points, etc. due to the BUYER shopping. If won, this will be canceled, (virtual or physical) gift vouchers, points, etc. If used, the entire amount will be deducted from the amount to be returned to the BUYER, and if it is not sufficient, it is collected as above. These provisions are applied exactly in all cases where the return of products is in question, except for defective products, as well as in cases where the right of withdrawal is exercised.
7.3. If the BUYER is not present at the address of the BUYER at the time of the delivery of the products and the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled the action in this regard. If there is no person to receive delivery at the address, it is the BUYER's responsibility to contact the cargo company and follow the shipment of the products. 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 at the address or does not accept the delivery.
In these cases, 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 waiting in the cargo company and / or the cargo is returned to the SELLER also belongs to the BUYER.
7.4. The BUYER is responsible for checking the Product at the time of receipt and when he sees a problem or defect in the Product, not to accept the Product and to make a report to the Cargo company official. Otherwise, the SELLER will not accept any liability.
7.5. The BUYER must have paid the price before receiving the Product, unless otherwise stipulated in writing by the SELLER. In cash sales, if the product price is not paid to the SELLER in full before the delivery and the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the contract and not deliver the Product.
If, for any reason, after the product is delivered, the Bank / financial institution to which the transaction credit card belongs does not pay the price of the Product to the SELLER or demand a refund, the Product will be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the product price is caused by the BUYER's fault or negligence, the shipping costs will be covered by the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the product price without accepting the return, are reserved separately and in any case.
In terms of avoiding hesitation; In cases where the BUYER pays the sales price from banks (including financial institutions) with a credit card, installment card, etc., all the facilities provided by these cards are credit and / or installment payment options directly provided by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price at once or incrementally, are not sales on credit or in installments for the parties to this Agreement, they are cash sales. The legal rights of the SELLER in cases that are legally deemed to be sales in installments (including the right to terminate the contract and / or to demand the payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of BUYER's default, a monthly default interest is applied as stipulated by the laws in force.
7.6. If the product cannot be delivered within the legal maximum 30 days due to extraordinary circumstances (such as weather, heavy traffic, earthquake, flood, fire) other than normal sales / delivery conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the disaster.
7.7. If it is understood that the SELLER cannot supply the Product subject to the Contract, the SELLER shall provide another good / service at equal quality-price, provided that the BUYER is clearly informed by the law within three (3) days from the date of learning about this situation and that he / she obtains his verbal / written approval. and it is deemed to have fulfilled its contractual commitment in this way. The BUYER is free in all respects to give or not to give the said approval, and in cases where he does not approve, the contractual-legal provisions regarding the cancellation of the order (termination of the contract) are applied.
7.8. In order cancellations including contract-law withdrawals and contract terminations, if the product price has been collected, it will be returned to the BUYER within 14 days at most. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the BUYER to pay the product price to the SELLER. For example, in credit card payments, the refund process is also made by refund to the credit card of the BUYER and the Product amount is returned to the relevant bank within the same time after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER accounts after the return of this amount to the bank is made by the SELLER is entirely related to the bank transaction process, the BUYER acknowledges in advance that it will not be possible for the SELLER to intervene and assume responsibility in any way for possible delays. ).
The SELLER has the right of offsetting, discount and deduction arising from this Agreement and the law for the amount to be refunded. The statutory rights of the BUYER are also reserved and available in cases where the contract is terminated by the BUYER due to the SELLER's failure to perform its performance.
7.9. The BUYER may notify the SELLER in writing about his requests and complaints regarding the product and sale, by accessing the SELLER communication channels in the introduction part of the Contract.
7.10. Some of the issues written in Article 3 above may not be included in this Agreement by nature; however, they are included in the Preliminary Information seen / approved by the BUYER on the WEBSITE, as well as on the sales stages or general - information pages / sections of the INTERNET SITE.
7.11. Since the BUYER is sent to the e-mail (mail) address declared after acceptance, the aforementioned Information and this Agreement can always be accessed and reviewed by saving and storing the said mail on its device. On the other hand, it is kept in the systems of the SELLER for three years.
7.12. The SELLER records (including magnetic media such as computer-sound recordings) constitute evidence in the resolution of any dispute that may arise from this Agreement and / or its implementation; The rights of the parties arising from the relevant mandatory legal regulations are valid and reserved.
Article 8 - LEGAL REMEDIES OF THE BUYER - AUTHORIZED JURISDICTIONS
In disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced every year by the Ministry of Customs and Trade, and in cases exceeding these limits, the Istanbul Anatolian Courthouse Consumer Courts are in charge. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts at the SELLER's settlement (residence).
The BUYER has read all the conditions and explanations written in this Contract and in the order-contract preliminary information (INTERNET SITE) that constitute its integral part, the basic features and qualities of the Product / Products subject to sale, sales price, payment method, delivery conditions, SELLER and all other preliminary information about the Product subject to sale and the right of withdrawal, personal information, electronic communication and award points, including all matters written in Article 3 of this Agreement, that they have seen all of them electronically on the INTERNET SITE and it accepts and declares that it accepts the provisions of this Agreement with the order of the Product by giving confirmation-approval-acceptance-permission to all these in electronic environment.