Contrat de vente à distance

DISTANCE SALES AGREEMENT

ARTICLE 1 - PARTIES

This Distance Sales Agreement ("Agreement") has been concluded between the following parties:

Within the scope of this Agreement, the Buyer and Seller will be referred to separately as the "Party" and collectively as the "Parties".

ARTICLE 2 - SUBJECT AND PURPOSE AND SCOPE OF THE AGREEMENT

The subject and purpose of this Agreement is within the scope of the purchasing transaction to be carried out on the electronic commerce website ("Website") of the Seller with the extension www.stepevi.com, including the cases where the Buyer makes transactions with the application on their mobile device the terms of sale and delivery of the products or services (both one for multiple products, "Product" shall be used), the terms of sale and delivery to the Buyer and the Law on the Protection of the Parties, Consumers No 6502 (the "Law"), It is the regulation of the rights and obligations and declarations and commitments within the scope of the Distance Agreements Regulation ("Regulation") and other regulations published in the Official Gazette dated 27.11.2014 and numbered 29188.

ARTICLE 3 - THE ISSUES THE BUYER HAS BEEN INFORMED BEFORE THE AGREEMENT

Before signing this Agreement, the Buyer, by seeing and examining all general and special explanations on the relevant pages and parts of the Website regarding the following (and not limited to these matters); furthermore, it accepts, declares and undertakes that the Buyer has been fully and completely informed in accordance with the preliminary information text ("Preliminary Information") that was brought to the attention of this Agreement:

1. Basic characteristics of the product subject to the Agreement;
2. Trade name and Mersis number of the seller or supplier;
3. The full address, telephone number and similar contact information of the Seller or provider, and the identity and address of the person acting on behalf or account of the Seller or provider, if any, allowing the Buyer to contact the Seller or the provider quickly;
4. Contact information for the seller or provider to submit the consumer's complaints;
5. The total price of the product including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs, if any, and the information that additional costs may be paid if these cannot be calculated in advance
6. In cases where the usage fee of the remote communication tool during the establishment of the agreement cannot be calculated over the usual fee tariff, the additional cost charged to the Buyer;
7. Information and commitments regarding payment, delivery, performance and solution methods for the complaints of the Seller or the supplier;
8. In cases where there is a right of withdrawal, information about the conditions, duration, procedure of using this right and the carrier stipulated by the Seller for the return;
9. Address, fax number or e-mail information to which the notification of withdrawal will be made;
10. In cases where the right of withdrawal cannot be exercised, information regarding that the Buyer cannot benefit from the right of withdrawal or under which conditions the right of withdrawal will be lost;
11. Deposits or other financial guarantees that must be paid or provided by the Buyer, if any, at the request of the seller or the supplier, and the conditions related thereto,
12. Technical protection measures, if any, that may affect the functionality of digital content;
13. Information on which hardware or software the digital content can work with, which the seller or the provider knows or is expected to know reasonably;
14. Information that consumers can submit their applications to the consumer court or consumer arbitration committee;
15. Purposeful tools and methods for correcting incorrect and / or incomplete information during the purchase of the Product from the Website;
16. Electronic contact information from which the Seller is a member of the Istanbul Chamber of Commerce and the Istanbul Chamber of Commerce foreseen the code of conduct regarding the profession (Phone: 444 04 86; Website: www.ito.org.tr);
17. Confidentiality, data usage, data processing and electronic communication rules applicable to the Buyer's information applied by the Seller, the Buyer's legal rights to the Seller in these matters, the Buyer's legal rights, the Seller's rights and the Parties' Customer Information Text that specifies the usage procedures of the rights;
18. Transactions and practices regarding privacy, personal data and electronic communications;
19. Cookie policy; and
20. Refund and cancellation policy.

ARTICLE 4 - PRODUCT

The product's type, quantity, basic features, dimensions, brand, model, color and sales price including all taxes are as stated in the Website, Preliminary Information and below. While purchasing the Product, the Buyer accepts and acknowledges the relevant information.

ARTICLE 5 - ORDER AND PAYMENT

1. After the Buyer creates his order and approves the Agreement on the Website, he will be under an obligation to pay the Product Price in order to complete and confirm his order; The payment instruments that can be used within this scope are credit cards and debit cards and the payment method chosen is as stated below; It accepts, declares and undertakes that the Product Price will be collected from the Buyer with the payment method chosen.

The invoice information submitted by the Buyer on the Website is as follows:

1. In order for the buyer to pay with the payment method he has chosen, he must fill in the information of the relevant card in the relevant section completely and completely; Payment can be made in a single withdrawal with a credit card or deferred payment can be made by dividing into a number of installments that can be determined within the scope of the campaigns; In the installment transactions, the relevant provisions of the agreement signed between the Buyer and the relevant bank will be valid; acknowledges, declares and undertakes that, at the initiative of the bank, by organizing campaigns, the bank may apply more installments than the number of installments selected by the Buyer, and offer services such as installment postponement.
2. Within the framework of the credit cards of the bank, the buyer must confirm the relevant interest rates and the information about the default interest separately from the bank; 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 case of payment in installments, it accepts, declares and undertakes that it is entirely related to the processes and practices of the bank to reflect the refund in installments every month on the card where the transaction is made.
3. Buyer, Product Price, cash sales before delivery is not fully paid; In the case of sales in installments, it accepts, declares and undertakes that the Seller has the right to unilaterally cancel the Agreement and not deliver the Product if the due installment amount is not paid.
4. If, for any reason, after the delivery of the Product, the bank to which the credit card belongs to does not pay the Product Price to the Seller or requests the refund, the Product shall be sent to the Seller within 3 (three) days at the latest. or that it will return; If the non-payment of the Product Price is due to an unfair instruction or objection of the Buyer to the bank or a fault or negligence, it will cover the shipping costs related to the return; In this case, it accepts, declares and undertakes that the Seller reserves all legal rights, including the follow-up of the Product Price, without accepting the return.
5. With the payment of the Product Price by the Buyer, the Seller shall send the invoice, order confirmation and summary, Preliminary Information and a copy of this Agreement to the e-mail address notified by the Buyer and a copy of the aforementioned data for 3 (three) years. it accepts, declares and undertakes to keep it.

ARTICLE 6 - DELIVERY OF THE PRODUCT

1. Buyer, in general and unless otherwise clearly stated, delivery costs (shipping costs, etc.) belong to the Buyer; must have paid the Product Price in order for the delivery to be carried out; It accepts, declares and undertakes that, depending on the campaigns carried out by the Seller at the time of sale and declared on the Website, all or part of the delivery costs in question may not be reflected to the Buyer.

1. The delivery information provided by the Buyer on the Website is as follows:

1. The seller agrees to complete the delivery within 30 (thirty) days after the receipt of the order, in accordance with the 3rd paragraph of the 48th article of the Law and the 16th article of the Regulation, although the delivery time may vary according to the lead time of the Product, declares and undertakes.
2. The seller, due to force majeure (such as earthquake, flood, fire, epidemic) other than the normal sales / delivery conditions, the Product, 6.3. If it is not possible to deliver within the 30 (thirty) day period specified in the article, it accepts, declares and undertakes to inform the Buyer through the communication tools shared by the Buyer.
3. The Parties, the Seller, the Product, the Buyer, the Agreement 6.3. Within the 30 (thirty) day period specified in the article, the Buyer has the right to cancel the order, to order another similar product or to wait until the end of the emergency in case of force majeure, In case of cancellation of the order, they accept, declare and undertake that the entire Product Price paid by the Buyer to the Seller within the scope of the order will be returned by the Seller to the Buyer within 14 (fourteen) days.
4. In the event that the supply of the Product subject to the order becomes impossible, the Seller shall inform the Buyer clearly and with one of the communication means within 3 (three) days from the date of learning about this situation; It accepts, declares and undertakes that the entire Product Price paid by the Buyer to the Seller within the scope of the order will be returned by the Seller to the Buyer within 14 (fourteen) days.
5. The Seller declares that the Product can be sold both to and outside of Turkey; In both cases, it accepts, declares and undertakes that the Product will be delivered to the person designated by the Buyer as the person to be delivered within the scope of the order, at the address indicated.
6. In the event that the Product is delivered to the address notified by the Buyer, the Parties agree that the Seller will send the Product through a shipping company chosen by the Seller; If the cargo company that will make the delivery does not have a branch that can deliver to the delivery address specified by the Buyer, they accept, declare and undertake that the Product will be received by the Buyer from a nearby branch to be notified to the Buyer via e-mail, SMS or telephone.
7. During the delivery of the Product, in the event that the person to be delivered is not present at the delivery address in person and the persons at the address do not accept the delivery, the Buyer shall be deemed to have fulfilled the action of the Seller 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 up and provide the shipment of the Product; If the product is to be delivered to a person or organization other than the Buyer, it will not be possible for the Seller to be held responsible for not being at the address of this person or organization or not accepting the delivery; in such cases, it accepts, declares and undertakes that any damages arising from late delivery of the Product and the expenses incurred due to the fact that the Product has been waiting in the cargo company and / or the return of the cargo to the Seller shall be borne by the Buyer.
8. The Buyer is responsible for the person who will receive the Product to check the Product at the time of receipt and, when he sees a problem arising from the cargo 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 for this matter; If the Buyer requests that the Product be sent via another carrier from the courier company designated by the Seller, it accepts, declares and undertakes that the Seller will not be held responsible for the loss or damage that may occur from the delivery of the relevant Product to the carrier designated by the Buyer.

ARTICLE 7 - RIGHT TO WITHDRAWAL

1. In accordance with Articles 47 and 48 of the Law and Articles 9 to 15 of the Regulation, the Parties shall accept that the Buyer receives the Product (or if the recipient is designated by the Buyer as another person, has the right to withdraw from the Agreement within 14 (fourteen) days from the date of receipt of the agreement, without stating any justification and paying penal clause; They accept, declare and undertake that it is possible to use the right of withdrawal within the period from the establishment of the Agreement to the delivery of the Product.
2. The Parties accept, declare and undertake that the right of withdrawal cannot be exercised by the Buyer in the Agreement concluded regarding the sale of the following, pursuant to Article 15 of the Regulation:

1. Agreement for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the Seller or the supplier;
2. Agreement for goods prepared in line with the consumer's wishes or personal needs;
3. Agreement for the delivery of perishable or expired goods;
4. Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Agreement for the delivery of those whose return is not suitable for health and hygiene;
5. Agreement for goods that are mixed with other products after delivery and cannot be separated by their nature;
6. Agreement for the books, digital content and computer consumables provided in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods
7. Agreement for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement;
8. Agreement regarding the utilization of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be done on a specific date or period;
9. Agreement for services rendered instantly in electronic environment or for intangible goods delivered immediately to the consumer; and
10. Agreement for the services started with the consent of the consumer before the right of withdrawal expires.

1. The Parties, the notification of the exercise of the right of withdrawal, by the Buyer, the agreement 7.1. Within the period specified in the article, it would be sufficient to send the Seller to the e-mail address included in the Preliminary Information and this Agreement in writing with a clear statement; When the Seller receives the Buyer's right of withdrawal request, he will transmit the confirmation information to the Buyer and within 14 (fourteen) days, the entire Product Price collected from the Buyer within the scope of the order, They accept, declare and undertake that they will be returned through the method.

1. In cases where it is possible for the Buyer to exercise his right of withdrawal, if the Buyer does not use the Product in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it will be responsible for the changes and deteriorations that will occur; In this case, it accepts, declares and undertakes that, according to the choice and discretion of the Seller, the Product Price to be returned within the scope of the right of withdrawal may be discounted in accordance with the change and / or deterioration in the Product.

1. In the event that the right of withdrawal is exercised, the Buyer, upon the exercise of the right of withdrawal for this Product in a single Product order; in an order containing more than one Product, it will be executed upon the exercise of the right of withdrawal for all Products; If the right of withdrawal is used for some of the orders containing multiple Products by benefiting from a discount / campaign as a product or a fee, if the shopping volume is out of the scope required to benefit from the discount, the said discount will be deducted from the refund to the Buyer; If he / she has benefited from a benefit such as gift certificate or discount code / coupon in the shopping where he / she exercises the right of withdrawal, this benefit will be returned to the Buyer in the same way; If, as a result of an order with the right of withdrawal for all or part of the order, a promotion, gift voucher, discount code or coupon or similar purchase is out of the specified scope in order to gain promotion, gift voucher, discount code or coupon and similar rights. Accepts, declares and undertakes that the promotion, gift voucher, discount code or coupon and similar rights won by the Buyer will be canceled. In so far, the Buyer can collect reward points, gift certificates, etc. Cash in return requests will not be accepted under any circumstances and under any circumstances; The acquisition and use of award points and the like will be subject to the provisions of the agreements to be signed between the said organization and the Buyer and the Seller; in relevant cases, it is possible for the Seller to use all the rights and powers determined / to be determined / to be determined both here and in the aforementioned contracts before the Buyer and the organization and to perform the relevant transactions on behalf of the relevant organization and / or its account Without prejudice to these provisions, it accepts, declares and undertakes that the Seller has no responsibility in terms of the disputes that may arise between the Buyer and the aforementioned organizations and their financial, legal and other consequences.

1. When the Buyer exercises his right of withdrawal, within 10 (ten) days following the notification of the Product to the Seller, the original waybill / invoice, and the return invoice for the Product returns whose invoice is issued on behalf of the company, as well as the box and packaging of the product to be returned, Must send the Product complete and undamaged with its standard accessories, if any, through the courier company that delivered the Product to the Buyer In the event that the shipment is made in this way, the transportation costs related to the return of the Product will be covered by the Seller; If the relevant cargo company does not have a branch at the place where the Buyer's delivery address is located, it accepts, declares and undertakes that the delivery of the Product from the Buyer will be provided by the Seller.

ARTICLE 8 - RULES ON SECURITY AND PRIVACY, PROTECTION OF PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL RIGHTS

1. The Parties hereby declare that the rules and conditions applicable to the Seller and the Buyer regarding the security of transaction, protection of information, confidentiality, processing, use and commercial electronic communications on the Website are hereby; They accept, declare and undertake that it is possible for the Buyer to reach and consult the Seller with the communication tools specified in the Preliminary Information and this Agreement at any time.

1. The Buyer declares that the necessary precautions for the security of the information and transactions entered and / or recorded on the Website by the Buyer are taken by the Seller in its own system infrastructure, according to the nature of the information and transaction, to the extent of technical possibilities; However, since the information in question is entered through the device used by the Buyer, it accepts, declares and undertakes that the responsibility of taking necessary measures, including those related to viruses and similar harmful applications, in order to protect them and not to be accessed by unrelated persons, belongs to the Buyer.

1. As detailed in the Customer Clarification Text on the Website, the Buyer, the Seller's personal data acquired during the Buyer's membership and purchases on the Website, as well as the existing and future companies within the group companies and the product supply, share for all kinds of information, advertisement-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications, record, process, store them in accordance with legal periods, update them when deemed necessary , share, transfer, transfer, use; It may also submit this data to the relevant authorities and courts upon request and / or as a legal requirement; In this context, it consents and allows the use, sharing, processing and making of non-commercial and non-commercial electronic communications and other communications to its party in accordance with the legislation on the protection of personal data and electronic commerce legislation; By reaching the Seller through the communication channels specified in this Agreement, the use-processing of the data and / or by using the right of refusal in the electronic communications sent to the Buyer, it can always stop the communications; According to the express notification on this matter, personal data transactions and / or electronic communications with the Buyer will be stopped within the legal maximum period; In addition, if requested, information other than legally required and / or possible will be deleted from the data recording system or anonymised in an anonymous way; Objection to the occurrence of a result against the Buyer by means of 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, automatic analysis of the data, unlawful You can always apply to the Seller through the communication channels in the Preliminary Information and here, and get information from the Seller for the issues such as compensation in case of damage due to the processing; accepts, declares and undertakes that the applications and requests in these matters will be fulfilled within the legal maximum periods or that the legal justification may be explained to the Buyer and may not be accepted.

1. The Buyer, regarding all kinds of information and content of the Website 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; The Seller reserves the right to make any changes it may deem necessary regarding these matters; accepts, declares and undertakes that these changes will be valid from the moment they are announced on the Website or by other appropriate methods.

1. The Buyer declares that for other sites accessed from the Website, the privacy-security policies and terms of use of the relevant sites are valid; It accepts, declares and undertakes that the Seller will not be responsible for any disputes and negative consequences that may arise for this reason.

ARTICLE 9 - OTHER PROVISIONS

1. All kinds of informative documents, Preliminary Information and invoices to be issued following the order are integral parts of this Agreement.

1. In the event that the parties notify the Seller of their demands and complaints regarding the Product and the sale through the communication channels specified in the Preliminary Information and this Agreement, the Seller shall notify the Seller, the justified requests and complaints of the Buyer. they accept, declare and undertake that they will be pleased to meet all kinds of applications.

ARTICLE 10 - NOTIFICATIONS

All kinds of correspondence between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer shall constitute binding, final and exclusive evidence in the disputes that may arise from this Agreement, the official books and commercial records of the Seller, the electronic information and computer records kept in its database and servers; accepts, declares and undertakes that this article is in the nature of an evidential contract in accordance with article 193 of the Code of Civil Procedure numbered 6100.

ARTICLE 11 - AUTHORIZED COURT AND RESOLUTION OF DISPUTES

This Agreement will be governed by and interpreted in accordance with the laws of the Republic of Turkey. Istanbul Caglayan Courts and Enforcement Offices will be authorized to resolve any disputes arising from this Agreement. In so far, the Buyer always has the right to submit the applications regarding the dispute to the consumer court or to the consumer arbitration committee.

ARTICLE 12 - ENFORCEMENT

This Agreement will become binding if approved electronically by the Buyer and will be deemed to have entered into force as of the date of approval.