DISTANCE SALES CONTRACT
This Agreement includes the following items that the BUYER (Consumer) wants to purchase by placing an order on the SELLER's https://www.noirparfum.com electronic commerce website ("WEBSITE"), including the cases where the BUYER (Consumer) makes transactions with the application on his mobile device. It regulates the rights and obligations of the parties regarding the sale-delivery of the product/services ("Product/Products") to the BUYER and other matters. After the BUYER confirms this Agreement on the WEBSITE, the price and expenses of the Product(s) he ordered will be collected via the payment method he chose.
Article 1: PARTIES
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SALES PERSON : |
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Title: |
MANDEV COSMETICS INDUSTRY AND TRADE LIMITED COMPANY |
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Address : |
MEŞRUTİYET MAH. RUMELİ CAD. BIRLIK APT NO: 42 C ŞİŞLİ/ İSTANBUL |
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Telephone : |
+90 0212 220 92 13 |
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Fax: |
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Email : |
info@noirparfum.com |
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Bank account : |
Garanti Bank Harbiye Branch (078) Account Number: 6293610 |
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Tax number: |
6121608545 |
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Mersis Number: |
0612160854500001 |
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Seller Representative (if available): |
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Public Address of the Seller Representative (if available): |
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BUYER (CONSUMER): |
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Name, Surname/Title: |
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Address : |
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Telephone : |
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Email : |
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Article 2: CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY
Delivery Information, including the Type and Type, Quantity, Brand/Model/Color, Unit Price(s) and Sales Price of the Products (goods/services), Payment (collection) Information and the delivery location notified by the BUYER, are as stated below. If the cargo company that will make the delivery does not have a branch in the BUYER's location, the BUYER must pick up the delivery from another nearby branch to be notified by the SELLER (Necessary information in this regard will be given to the BUYER by e-mail/mail, SMS or telephone). Other delivery-related issues are set out in Article 7 of the Contract below.
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PRODUCT |
UNIT PRICE (TL) |
PIECE |
TOTAL (TL) |
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Brand, Product, Color, Size etc. |
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___ TL |
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Total of gift voucher used / Paracık / _______ |
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Order processing and shipping fees |
___ TL |
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ORDER PAYMENT TOTAL (VAT included) |
_____ TL |
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Payment (Collection) Information
Payment Method-Mean: (Credit Card / Credit Card or Cash Collection at the Door)
[Card Type Visa....
Card number ....
Payment Credit Card...
Installment/Single Payment by Credit Card.
Total amount ... ]
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Delivery Information : |
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Name, Surname/Title: |
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Address : |
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Telephone : |
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Email : |
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Billing Information : |
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Name, Surname/Title: |
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Address : |
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If the BUYER chooses the delivery option from the Noir Parfum Store where he selected the product during the order, the product will be delivered to the delivery point chosen by the BUYER within 30 days at the latest by the logistics company that will deliver the product to the Selected Noir Parfum Store. After the product is left at the delivery point, the BUYER will receive the product within 14 business days at the latest between 10.00-22.00 hours, with the code sent to the phone number/e-mail address notified to the WEBSITE/provided while registering. If the BUYER does not receive the product within this period, it will be deemed to have returned the product and the product price will be refunded to the credit card/bank account from which the order was placed. There is no delivery method from Noir Parfum Store in the option service. BUYER can call the customer service number "+90 0212 220 92 13" free of charge to get information about their orders and submit their complaints and send a written notification to the e-mail address "info@noirparfum.com".
Article 3- ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR
BUYER acknowledges and confirms that he/she has been informed about the following issues by seeing and examining all general and specific explanations on the relevant pages and sections of the WEBSITE, before this Agreement is accepted and established by the BUYER on the WEBSITE and before entering into the order and payment obligation. - SELLER's title and contact information and current introductory information, - Purpose-appropriate tools-methods for correcting incorrectly entered information and the stages of the sales transaction during the purchase of the product(s) from the WEBSITE, - Professional Chamber of which the SELLER is a member ( ITO-Istanbul Chamber of Commerce) and electronic contact information where information on the rules of conduct prescribed by ITO regarding the profession can be obtained (Phone: 4440486, www.ito.org.tr) - Confidentiality, data use-processing and BUYER applicable to BUYER information applied by the SELLER electronic communication rules and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for exercising the rights of the parties, - Shipping restrictions stipulated by the SELLER for the Products, - For the Product(s) subject to the contract. Payment method-tools accepted by the SELLER and the basic features of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including related expenses), - Procedures for the delivery of the Products to the BUYER and transportation - information about delivery-cargo costs, - other payment/collection and delivery information regarding the Products and information regarding the performance of the Contract, commitments-responsibilities of the parties in these matters, - Products and other goods-services for which the BUYER does not have the right to withdraw, - In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and the BUYER will lose the right of withdrawal if the right is not exercised within the period, - For Products with the right of withdrawal, due to the product not being used in accordance with the usage instructions, normal operation or technical specifications within the withdrawal period. If it is damaged or changed, the BUYER's request for withdrawal may not be accepted and in any case he will be liable to the SELLER, and in cases where the SELLER accepts it, by deducting (offset) an amount he deems appropriate according to the damage or change in question, from the refund to be made to the BUYER. - How the BUYER can return the Products to the SELLER in cases where he has the right of withdrawal and all related financial matters (including return methods, costs and refund of the Product price and discounts and deductions that can be made for the reward points earned/used by the BUYER during the return), - BUYER If is a legal person, it cannot exercise "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case), - All other sales rights included in this Agreement, depending on their nature. Since this Agreement with its terms and conditions is approved and established by the BUYER on the WEBSITE and then sent to the BUYER by e-mail, it can be stored and accessed by the BUYER for a period of time requested, and the SELLER can keep it for three years. - In case of dispute, the BUYER can submit his/her complaints to the SELLER using the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
-- BUYER can call the customer service number "+90 0212 220 92 13" and send a written notification to the e-mail address "info@noirparfum.com" to get information about his order and submit his complaints.
Article 4 - RIGHT OF WITHDRAWAL
BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. However, by law, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/utilised: The BUYER can only deliver the product to be returned to the cargo companies with which the SELLER has an agreement. Returns and transportation costs of products delivered to the SELLER by any cargo company other than these cargo companies are not accepted. Returns will definitely be made with the original box or packaging. If the original box/packaging is damaged (for example, the product has a cargo label attached to the original box and/or is taped with cargo duct tape, etc.), has lost its resaleability, has been purchased by another customer. Returns of products that cannot be received are not accepted. The BUYER delivers the product he wants to return to the SELLER along with the original shipping note and a petition containing the reason for the return. If the BUYER wants to cancel the order, he/she must request cancellation via e-mail address, telephone number or “+90 0212 220 92 13” customer service number. Thereupon, the SELLER notifies the BUYER via e-mail that the cancellation has been completed. It should be noted that, in cancellation transactions, if the product is not shipped, the entire fee will be refunded by the method used in the transaction, and if the product is shipped, the refund will be made to the BUYER by deducting the shipping fee.
a) Goods prepared in line with the BUYER's special requests or his personal needs (including those made special for the person/personal needs by making changes or additions, including special Products imported/procured from within the country or abroad based on the BUYER's order) b) cosmetics, etc. with chocolate etc. Goods that are perishable or may expire quickly, such as foodstuffs
c) cosmetics, swimwear, underwear products, etc. Goods whose protective elements such as packaging, tape, seal, package etc. have been opened after delivery and whose return is not suitable for health and hygiene reasons
d) goods that are mixed with other products after delivery and cannot be separated due to their nature
e) Protective elements such as packaging, tape, seal, packet, opened books, CDs, DVDs, audio and video recordings, software, etc. All kinds of digital content products and computer consumables; vi) all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer
f) goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller/provider,
g) periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement
h) services that must be carried out on a certain date or period, such as accommodation, goods transportation, car rental, food and beverage supply and leisure time services for entertainment or recreation purposes.
i) Services started to be performed within the right of withdrawal period with the approval of the BUYER, and
j) Other goods and services that are generally considered outside the scope of distance sales in accordance with the relevant legislation and cases where the BUYER purchases for commercial/professional purposes. In cases where the right of withdrawal is possible, the BUYER is responsible by law for any changes or deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if there is any change or deterioration in the Product due to not being used in accordance with the usage instructions, technical specifications and operation until the date of withdrawal, the BUYER may lose his 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, it is sufficient for the BUYER to send a clear notification to the SELLER (verbally/in writing to the contact addresses specified above) within the legal 14-day period that he/she has exercised his/her right of withdrawal. If the right in question is exercised within the period, the Product must be sent to the above address of the SELLER within a maximum of ten (10) days, at the BUYER's expense. If a contracted cargo company for product returns is specified on the WEBSITE, the BUYER can send the Product from a branch within or outside the District, in which case the BUYER will not be charged. In this return process, the Product must be delivered complete and undamaged, including its box, packaging and standard accessories, if any. In addition, in accordance with tax legislation, in cases where a Return Invoice is required to be issued by the BUYER by law, the following section regarding the return will be filled in and signed on the invoice to be returned together with the Product. Order returns whose invoices are issued on behalf of institutions (legal entities) will not be accepted unless a Return Invoice is issued). "The address to which the product will be returned, the SELLER address / the address of the cargo company to which it was delivered for return." Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of withdrawal notification to the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER will be refunded to the BUYER in accordance with the payment instrument used when purchasing the Product. is done. The BUYER's legal rights and responsibilities regarding the Products after the withdrawal period and the SELLER's rights and obligations from the BUYER, including contractual and legal collection-setoff rights, including those related to reward points, are also present and valid. In cases where the performance of the seller's goods/services becomes impossible; In case of force majeure, impossibility of performance or extraordinary circumstances that prevent delivery, it notifies the Consumer within 3 (three) days from the date of learning of the situation. In this case, the Seller returns all collected payments, including delivery costs, to the Consumer within 14 (fourteen) days from the notification date at the latest.
ARTICLE 5 - SPECIAL CONDITIONS TO BE APPLIED WHEN THE BUYER EARNS REWARD POINTS WHILE PURCHASING THE PRODUCT SUBJECT TO THE CONTRACT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS
5.1. Between an organization that provides reward points etc. and the BUYER and the SELLER, the reward points can be used for discounts etc. on purchases from the WEBSITE of the SELLER. In the presence of a current agreement-contract that allows the BUYER to withdraw from this Agreement and otherwise terminate/ In cases where a refund is required to be made to the BUYER upon order cancellation, the amount (monetary value) of the reward points, gifts and similar earned by the BUYER with the purchase subject to this Agreement will be refunded from the BUYER. Like; Unless a different method is stipulated in the SELLER's agreement with the relevant organization, if the BUYER has sufficient other reward points (except for the reward points earned through the shopping subject to this Agreement) in the said organization-system, first of all, those reward points will be withdrawn. is made by deducting (offsetting) in cash from the price to be returned by the SELLER to the BUYER.
5.2. The payment made by the BUYER to the SELLER for the purchase of the Product subject to this Agreement will be made partially/fully by reward points, etc. If the Product purchased is returned to the BUYER in accordance with the relevant provisions of this Agreement, the reward points used by the BUYER at the SELLER while purchasing the Product on the WEBSITE, and similar items may be returned to the BUYER (again as points), unless the SELLER has a different agreement with the relevant organization.
5.3. As a general rule, in cases where unfair reward point acquisition or use is detected by the BUYER in any way, the monetary value-amount of the reward points in question may be collected by the SELLER from the BUYER (by credit card, cash and other legal methods). This provision is also valid for the cost of goods given as gifts to the BUYER by the SELLER as a result of the application of such a system.
5.4. Other matters related to the acquisition and use of reward points and similar transactions are subject to the provisions of the agreements-contracts between the organization in question and the BUYER and SELLER, and in relevant cases, the SELLER may exercise all certain rights-powers before the BUYER and the organization, both here and in the said contracts-agreements. It can also carry out the relevant transactions on behalf and/or on behalf of the specified organization and/or other workplaces in the same system.
5.5. Reward points, gift certificates, etc. earned from or used by the SELLER. Cash money requests are not accepted under any circumstances.
5.6. SELLER does not accept any liability for disputes between the BUYER and the above-mentioned organizations and any material, legal, financial and non-financial consequences thereof; The above provisions are valid and reserved.
5.7. The above provisions, if any, also apply comparatively to the earning and use of reward points obtained by the Consumer directly from the SELLER. All consumers who earn reward points from the WEBSITE/SELLER or use reward points etc. in their payments to the SELLER, thus the BUYER accepts the above special conditions.
ARTICLE 6 - RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY
The privacy rules-policy and conditions, the current principles of which are stated below, apply to the protection, confidentiality, processing-use, communications and other matters of information on the WEBSITE. 6.1. Necessary precautions for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within 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 information in question is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons. 6.2. The information obtained during the BUYER's membership and shopping on the WEBSITE is shared with the SELLER, Beymen Retail and Tekstil Yatırımları A.Ş.,. (Beymen, Beymen Club) and Beymen İç ve Dış Tic., within the group companies to which it is included. Inc. and all kinds of electronic and other commercial-social communications for the purpose of information, advertising-promotion, promotion, sales, marketing, store card, credit card and membership applications, can be recorded indefinitely or for a period to be determined by the mentioned ones and their successors, in printed/magnetic formats. It can be stored in archives, updated when deemed necessary, shared, transferred, transferred, used and processed in other ways. These data may also be forwarded to the relevant Authorities and Courts when required by law. BUYER consents and allows the use, sharing, processing of his current and new personal and non-personal information, in accordance with the legislation on the protection of personal data and electronic commerce legislation, within the scope above, and to make commercial and non-commercial electronic communications and other communications. 6.3. BUYER may stop data use, processing and/or communications at any time by contacting the SELLER through the specified communication channels. According to the BUYER's clear notification on this matter, personal data processing 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 to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by analyzing it with automatic systems, objection to the emergence of a result against him, the data being contrary to the law. You can always contact the SELLER through the above communication channels and get information on issues such as compensation in case of loss due to processing. Applications and requests regarding these matters will be fulfilled within the legal maximum periods or may not be accepted after the legal justification is explained to the party. 6.4. Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/full use; According to the agreement of the SELLER, except those belonging to other third parties; All intellectual-industrial rights and property rights belong to the SELLER. 6.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; These changes become valid as soon as they are announced by the SELLER on the WEBSITE or other appropriate methods. 6.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise and their negative consequences.
Article 7 - GENERAL PROVISIONS
7.1. The Product subject to the contract is delivered to the BUYER or the third party/organization at the address indicated on the WEBSITE, on the basis of the principles specified below and in Article 2 of this Agreement, provided that the legal 30-day period is not exceeded. SELLER sends and delivers the Products through the contracted cargo company. If this cargo company does not have a branch in the BUYER's location, the BUYER must receive the Product from another nearby branch of the cargo company notified by the SELLER. Products in stock are delivered to the cargo within three (3) business days at the latest from the order date. However, if there are campaign Products in the same order, the campaign is expected to end and then, within 3 (three) business days at the latest, all ordered Products are given to the cargo company to be delivered to the person and address specified by the CONSUMER during the order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, depending on their distance.
7.2 In general and unless expressly stated otherwise, delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the campaigns it carries out at the time of sale and the terms of which are announced on the WEBSITE.
7.3. If the BUYER is not personally present at the address at the time of delivery of the products and the people at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the BUYER's responsibility to contact the cargo company and track 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 present at the address or does not accept the delivery. In these cases, any damages arising from the BUYER's late receipt of the Product and the expenses incurred due to the Product waiting in the cargo company and/or returning the cargo to the SELLER also belong to the BUYER.
7.4. The BUYER is responsible for checking the Product upon receipt and, if he sees a problem with the Product caused by the cargo, not to accept the Product and to file a report with the Cargo company official. Otherwise, the SELLER will not accept responsibility.
7.5. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. In cash sales, if the Product price is not paid in full to the SELLER before delivery, and in installment sales, if the due installment amount 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 was used does not pay the price of the Product to the SELLER or requests a refund of the price paid, the Product will be returned to the SELLER by the BUYER within 3 days at the latest. If non-payment of the product price is due to a fault or negligence on the part of the BUYER, shipping costs will be covered by the BUYER. All other contractual and legal rights of the SELLER, including tracking that it will receive the Product price without accepting the return, are reserved separately and in any case. In order to avoid any hesitation; In cases where the BUYER pays the sales price with a credit card, installment card, etc. obtained from banks (including financial institutions), all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price all at once or gradually are not credit or installment sales for the parties of this Agreement, they are cash sales. The SELLER's legal rights in cases legally considered as installment sales (including the rights to terminate the contract if the installments are not paid and/or demand payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation. In case of default by the BUYER, default interest is applied at the monthly rate as stipulated by the applicable laws.
7.6. If the Product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, 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 emergency.
7.7. If it is understood that the SELLER cannot supply the Product subject to the Contract, it can supply another good/service with equal quality and price, provided that it clearly informs the BUYER in accordance with the law within three (3) days from the date of learning of this situation and obtains its verbal/written approval. and is thus deemed to have fulfilled its commitment regarding the Agreement. BUYER has the right to decide whether to give the said approval or not.
is free in all respects and in cases where it does not give approval, contractual-legal provisions regarding order cancellation (contract termination) apply.
7.8. In order cancellations and contract terminations, including contract-lawful withdrawals, if the Product price has been collected, it will be refunded to the BUYER within a maximum of 14 days. 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 is made by refunding the BUYER's credit card and the product amount is returned to the relevant bank within the same period after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER's accounts after the refund of this amount to the bank is made by the SELLER is entirely related to the bank transaction process, the BUYER accepts that it will not be possible for the SELLER to intervene and take responsibility for possible delays (banks' process of reflecting the refund to the BUYER's account usually takes up to three weeks). ). The SELLER has and reserves the right to set off, discount and reduce the amount to be refunded, arising from this Agreement and the law. BUYER's legal rights are also reserved and available in cases where the Contract is terminated by the BUYER due to the SELLER's failure to perform.
7.9. BUYER may communicate his/her demands and complaints regarding the product and sales to the SELLER verbally or in writing by contacting the SELLER communication channels in the introduction part of the Contract.
7.10. Some of the matters written in Article 3 above may not be included in this Agreement due to their nature; However, they are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, as well as in the sales stages or general information pages/sections of the WEBSITE, depending on their interest.
7.11. Since the BUYER is sent to the e-mail address he notified after his acceptance, he can access and review the said Information and this Agreement at any time by saving and storing the said e-mail on his device. On the other hand, it is kept in the systems of the SELLER for three years.
7.12. SELLER records (including records on magnetic media such as computer-voice recordings) constitute evidence in resolving any disputes that may arise from this Agreement and/or its implementation; The rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
Article 8 - BUYER'S LEGAL APPLICATIONS - COMPETENT JUDICIAL AUTHORITIES
In case of disputes that may arise from this Agreement, the Ministry of Customs and Trade determines and announces each year in accordance with the law.
Provincial and District Consumer Arbitration Committees are authorized within the specified monetary limits, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or, if he wishes, the SELLER's place of residence. BUYER acknowledges that he has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information (on the WEBSITE), which forms an integral part, and that the basic features and characteristics of the Product(s) subject to sale, sales price, payment method, delivery conditions, SELLER and all other preliminary information regarding the Product subject to sale, the right of withdrawal, personal information, electronic communication and reward points conditions, including all matters written in Article 3 of this Agreement, and that he/she has seen all of them electronically on the WEBSITE, and Again, by giving confirmation-approval-acceptance-permission to all of these electronically, he accepts and declares that he accepts the provisions of this Agreement by ordering the Product. Both the preliminary information in question and this Agreement are sent to the above e-mail address notified by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the said e-mail, together with the order summary.
Mersis Number: 0612160854500001