Article 1: Parties
SELLER:
Trade Name:
Address:
Telephone:
E-Mail Address:
(Hereinafter referred to as the “Seller”.)
CONSUMER:
Name-Surname:
Address:
Telephone:
E-Mail Address:
(Hereinafter referred to as the “Consumer”.)
Article 2: Subject
This Contract has been drawn up in accordance with the provisions of the Law on Protection of Consumer, No. 6502, and the Regulation on Implementation Procedures and Principles regarding Distance Contracts, to set out the mutual rights and obligations between the Consumer ordering the product with the following features and sales price from the website www.iste-iste.av.tr and the Seller that is the owner of such website.
Article 3: Product and Order Information
Name of Product:
Quantity of Product:
VAT-inclusive Price of Product:
Delivery Transport Cost:
Payment Method:
(Published prices and promises shall remain valid until they are updated and changed. Prices published for a limited term are valid until the end of the specified time period.)
Article 4: Invoice and Delivery Information
Invoice Address:
Trade Name on Invoice:
Delivery Address:
Recipient:
Article 5: General Provisions
5.1. The Consumer accepts, declares and undertakes that he/she has read the preliminary information on the Seller’s website with the domain name www.iste-iste.av.tr. about the main features, sales price, method of payment and delivery of the product/service covered by this Contract and has become fully aware of the preliminary information, and has provided all the necessary confirmations in electronic environment.
5.2. Persons younger than the age of 18 are prohibited from shopping from the website (online consultancy, training programmes…etc) with the domain name www.iste-iste.av.tr. By confirming this Contract in electronic environment, the Consumer accepts, declares and undertakes that he/she is older than 18 years old. The Seller is not liable for any damages that will result from the Consumer’s being younger than 18 years old.
5.3. If the product/service price is not paid for any reason or cancelled in the bank records, the Seller shall be deemed to have been relieved of the obligation of delivering the product/service. Also, the date of being put into processing, by the Seller, of the orders placed through bank remittance or EFT is not the date of placement of the order but the date when the payment is seen to have been received in the Seller’s bank accounts.
The Consumer accepts that, in the case of orders he/she places through bank remittance or EFT, the Seller will cancel the order if the Consumer fails to effect the payment within 3 business days.
5.4. The product/service covered by the Contract shall be delivered to the Consumer’s and/or the person notified by the Consumer’s e-mail address, within the period stipulated in the preliminary information section of the website, depending on the distance of the place of residence of the Consumer for each product/service, provided that the 30-day legal period is not exceeded. If the Consumer has not made an objection that she/he cannot receive the service or product within 30 days from the date of payment, the service is considered to have been performed or the product has been delivered.
5.5. If the product/service covered by the Contract will be delivered to the person, entity or institution notified by the Consumer, the Seller shall have no liability in the case that the recipient person, entity or institution does not accept the product/service.
5.6. The seller is responsible for the proper delivery of the contracted product or service.
5.7. If the Seller cannot deliver the product/service covered by the Contract within the applicable time period due to force majeure events or extraordinary circumstances that prevent transportation such as adverse weather conditions and interruption of transportation, then the Seller shall be obliged to notify the Consumer of the situation within a reasonable period. The Consumer may accordingly exercise one of the following rights: requesting cancellation of the order, replacement of the product/service covered by the Contract with its equivalent, if any, and/or postponement of the delivery time until such preventive circumstances disappear. In the case that the Consumer cancels the order, the amount paid by him/her shall be refunded to him/her in cash and in lump-sum within 10 business days.
5.8. The Consumer declares that in online legal consultancy, he will not be given any support regarding the legal, criminal or executive proceedings, no petition or warning will be written, a notice of termination, etc. Written documents will not be prepared, no legal service such as written legal opinion will be provided, no participation will be made in any legal proceedings, the information given in online legal consultancy is prepared with the limited information given, again, online legal consultancy consists only of advice and opinion, therefore, no result is guaranteed in any sense or form. He accepts, declares and undertakes that it does not aim to provide accurate or accurate information. With online legal consultancy, the consumer is informed that the Lawyer only gives legal opinion in line with the information given to him and that this opinion is within the scope of being given within a limited time frame of 45 minutes, and that he/she should request a written legal opinion if he/she wants to get a more detailed opinion. The consumer cannot request that the information given during the online legal consultancy be given to him in writing, but he can take his own notes during the meeting if he wishes. Again, the Consumer cannot record the conversation, take sound or video, take a screenshot, or disclose these conversations in any way. The consumer is aware that online legal counseling is a form of face-to-face counseling in a law firm over the internet.
5.9. Training programs prepared within the scope of training workshops will be delivered to the Consumer via e-mail and the internet. The Consumer also accepts, declares and undertakes that he/she knows that he/she should contact the Iste & Iste Law Office and that a separate fee will be charged for the training programs requested to be specially prepared.
5.10. Written and visual records will be taken during the online legal consultancy by the Seller, these records and the identity information of the service recipient and the person receiving the payment will be kept during the proof of service provision and will not be shared with third parties unless there is a legal obligation. In order to prove that the service is provided, it may also be requested to share the credit card image and identity image on the screen or on the phone during the service.
5.11. This contract becomes valid with the acceptance of the consumer by any means or medium (e-mail message, fax, short message, internet, etc.) that allows the conclusion of a contract without physical confrontation between the Seller and the Consumer.
Article 6: Representations and Warranties of Consumer
6.1. The Consumer accepts, represents and warrants that he/she has read the preliminary information uploaded by the Seller on the website about the main features, sales price, method of payment, delivery and courier fee of the goods or services covered by the Contract and has become aware of the same, and has provided the necessary confirmation in electronic environment.
6.2. By confirming this Contract in electronic environment, the Consumer confirms that he/she has also obtained correctly and completely the information on address, main features of the ordered goods or services, tax-inclusive price of the goods or services, and payment and delivery information, which are required to be given by the Seller to the Buyer prior to conclusion of distant sales contracts. In the case that the Buyer receives from the courier company such goods or services covered by the Contract which are apparently damaged and defective, such as destroyed, broken, with a torn packaging, etc., at the moment of delivery, the entire liability shall rest with himself/herself.
6.3. In case the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Consumer’s credit card by unauthorized persons, after the delivery of the product or service, the Consumer will receive the goods provided that it has been delivered to him. is obliged to return the service to the Seller within 3 (three) days. In this case, the delivery costs belong to the Buyer. The Consumer accepts, declares and undertakes that it is not possible to return the service.
6.4. Unless the Seller offers to take the goods back itself, the Consumer is obligated to send back the goods to the seller or provider or the person it has authorized, within 10 (ten) days following the date when the Consumer sends the notice for exercise of his/her right of rescission.
6.5. In the case that the Consumer requests the goods to be sent by a carrier other than the one designated by the Seller, the Seller shall not be liable for any loss or damage that may occur from the moment of delivery of such goods to the respective carrier.
Article 7: Representations and Warranties of Seller
7.1. The Seller is responsible for delivering the goods or services covered by the Contract to the Consumer in a sound condition, in whole, in compliance with the features specified in the order, and together with its warranty certificates, if any, in accordance with the consumer legislation.
7.2. If the contractual goods or services cannot be delivered in due time due to force majeure or extraordinary circumstances that prevent the service mentioned in article 5.7., Seller is obliged to notify the Consumer within a reasonable time from the date of learning.
Article 8: Right of Rescission
8.1. The Consumer has the right of rescission within 14 days from the delivery of the product covered by the Contract to him/her or the person, entity or institution at the address designated by him/her, -except for the products in article 9.
8.2. In order for the Consumer to exercise her right of withdrawal, it is obligatory to notify the Seller in writing by fax, e-mail and similar channels within this period, and that the product has not been used and the service has not been completed.
8.3. The Consumer or 3rd person is obliged to send the invoice, dispatch note, certificate, insurance forms, product box, package and all other documents and materials sent to him/her to the Seller completely along with the return of the product. VAT and other legal liabilities, if any, for the products the original invoice of which is not sent shall not be refunded. Any spoilage, damage or any similar situation causing loss of value in the product and in the documents and materials sent together with the product, during the return due to reasons resulting from the courier companies or the Consumer performing the return shall be the liability of the Consumer performing the return. The Consumer accepts, declares and undertakes that it is not possible to return the service
Article 9: Products for which the Right of Rescission may not be Exercised
Pursuant to the relevant legislation; contracts for goods or services, the prices of which change depending upon the fluctuations in financial markets and therefore are beyond the control of the Seller (e.g. products in the category of jewellery, gold, bullion, diamond, silver, etc.); contracts for delivery of goods which are prepared in line with the Consumer’s demand or explicitly his/her personal needs, which are not suitable for being sent back by their nature and bears the risk of being quickly spoilt, or which are likely to expire; contracts for delivery of goods the protective elements of which, such as packaging, tape, seals, and wraps, are opened after their delivery and the return of which is not suitable in terms of health and hygiene; contracts for goods that are mixed with other products after their delivery and that cannot be separated due to their nature; contracts for books, sound and image recordings, software programs and computer consumables offered in tangible form, provided that their protective elements such as packaging, tape, seals, and wraps are opened by the Buyer; contracts for delivery of periodical publications such as newspapers and magazines, other than those provided under subscription contracts; contracts for accommodation, carriage of goods, car rental, provision of food and beverages/catering, and leisure activities for entertainment or recreational purposes, which are required to be provided on a specific date or within a specific period; contracts for performance of services related to betting and lottery; contracts for services, the performance of which starts upon approval of the consumer, before the expiry of the period of right of rescission; and contracts for services performed instantaneously in electronic environment and intangible goods delivered instantaneously to the consumer (gift card, gift voucher, coupon representing money, etc.), are among the products for which the right of rescission may not be exercised.
Article 10: Event of Default and Its Legal Consequences
Where the Consumer defaults on transactions executed by it by using a credit card, the card holder shall pay interest, and be liable towards the bank, in line with the credit card agreement between him/her and the bank. In such a case, the respective bank may resort to legal remedies; it may claim any resulting expenses and attorney’s fees from the Consumer and in any case, if the Consumer defaults due to its obligation, the Consumer shall be liable for losses and damages that the Seller may incur on account of the late performance of the obligation by the Consumer.
Article 11: Jurisdiction
In implementation of this Contract, Consumer Arbitration Panels at the place where the Buyer purchased the product or is resident in the domicile of the Buyer, and the Consumer Courts in the domicile of the Consumer or Seller shall have jurisdiction up to the value announced by the Ministry of Industry and Trade.
In the case that the order is placed, the Consumer shall be deemed to have accepted, declared and undertaken all the terms and conditions of this Contract.
Article 12: Entry into Force
This Contract consisting of 12 (twelve) articles has been read by the parties, and was executed and entered into force on the date when the Consumer placed an order on the website, upon being approved by the Consumer in electronic environment.
SELLER:
CONSUMER:
DATE:
