This contract is on one side Bebek mah. Cevdet Pasa street. Akça Apartmanı no: 55 inner door no: 1 Besiktas/ Istanbul

This agreement has been concluded between the individual company Yamurr Toprak (hereinafter referred to as the SELLER) residing at the address on the one hand and {UYE_AD} {UYE_SOYAD} (hereinafter referred to as the BUYER) residing at the address {SATIS_TESLIMAT_ADRES} on the other hand. The addresses specified in this agreement are the legal notification addresses of the parties and, unless otherwise expressly stated in writing, notifications made to these addresses shall be valid.

SALES PERSON

Title: Rain Soil

E-mail: [email protected]

BUYER

Name/Surname/Title: {UYE_NAME} {UYE_SOYAD}

Address: {SALES_DELIVERY_ADDRESS}

Phone: {MEMBER_PHONE}

Email : {UYE_EMAIL}

ARTICLE 2 – SUBJECT

The subject of this contract is the BUYER’s online store located at www.springaffair.co, which belongs to the SELLER.

The Spring Affair Branded products, which are the registered trademark of the SELLER, are determined and stipulated in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product(s) ordered electronically and the features and sales prices of which are stated below on the website www.springaffair.co.

ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT

The type and kind, quantity, brand/model, color, sales price of the product(s) are as stated on the website www.springaffair.co and in the Order Information & Details, and these information have been approved by the BUYER.

ARTICLE 4 – GENERAL PROVISIONS

4.1- BUYER declares that he/she has read and is informed about the basic characteristics, sales price, validity period of prices, payment method and preliminary information regarding delivery of the product subject to the contract offered for sale on the www.springaffair.co website and listed above, and that he/she has given the necessary confirmation electronically.

4.2- The product/products subject to the contract will be delivered to the BUYER’s address written above or to the person/organization at the delivery address clearly stated during the order and shown below, within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that the period of 30 (thirty) days following the delivery of the order to the SELLER, as determined by laws and regulations, does not exceed.

Shipping costs will be covered by the buyer, except for special cases (campaigns, etc.).

4.3- Due to any problems that the cargo company may encounter during the delivery of the product to the BUYER, the ordered product may not be delivered to the BUYER.

SELLER cannot be held responsible for failure to deliver.

SELLER cannot be held responsible if the ordered product is not accepted by the BUYER at the delivery address.

4.4- SELLER is responsible for the delivery of the contracted product in a sound and complete manner, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.

4.5- In order for the product subject to the contract to be delivered, a signed copy of this contract or one approved electronically by the BUYER must be delivered to the SELLER and the price must be paid in full and in full using the payment method determined by the SELLER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

4.6- The date on which the orders placed via bank transfer or EFT are processed by the SELLER is not the date on which the order is placed, but the date on which the payment is seen to have reached the SELLER’s bank account.

The Consumer accepts that the Seller will cancel the order if the payment is not made within 1 week for orders placed via bank transfer or EFT.

4.7- If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER’s credit card by unauthorized persons for reasons not caused by the BUYER’s fault after the delivery of the product, the product must be sent to the SELLER within 3 (three) days at the latest following the notification, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.

4.8- If the SELLER cannot deliver the contracted product within the specified time due to extraordinary circumstances such as force majeure and/or technical reasons, the SELLER is obliged to notify the BUYER. In this case, the BUYER may use one of its optional rights to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the impeding situation is eliminated. If the BUYER cancels the order, the necessary notification will be made to the bank that owns the credit card, and the amount paid will be refunded.

4.9- Defective or broken products sold with or without a warranty certificate can be sent to the SELLER for the necessary repair within the warranty terms and conditions, in which case the shipping costs will be covered by the SELLER.

4.10- The product/products purchased by the BUYER are original designs and are protected under the Law on Intellectual and Artistic Works No. 5846 and the relevant legislation. The BUYER cannot copy the products in whole and/or in part or use the designs elsewhere for commercial purposes. The BUYER accepts and undertakes that it will not use the product it purchased in the ways prohibited above or in any unlawful manner. Otherwise, all legal and criminal liabilities that may arise belong to the BUYER, and the SELLER reserves the right to claim any compensation or other claims arising from such unlawful use.

4.11- For various reasons, the production of ordered products may not be possible. If the SELLER cannot fulfill its contractual obligations by claiming that the fulfillment of the ordered goods or services has become impossible, it shall notify the BUYER of this situation before the expiration of the contractual obligation. It shall return the amount paid and all documents that impose debt to the BUYER within 10 days.

4.12- When the BUYER makes a purchase from the www.springaffair.co website, he/she accepts that this is a purchase for personal use and not for resale or any other commercial use.

4.13. BUYER and SELLER accept, declare and undertake that the correspondence addresses mentioned in the introduction of this contract are valid notification addresses and that all notifications sent to this address will be considered valid.

ARTICLE 5 – RIGHT OF WITHDRAWAL

BUYER may exercise his/her right of withdrawal within 5 (five) days from the delivery of the product subject to the contract to him/her or to the person(s)/institution at the address he/she has indicated, except for the exceptions specified in Article 6 of this contract. In order to exercise his/her right of withdrawal, SELLER must be notified within this period via the communication form, e-mail or telephone specified on www.springaffair.co. Seller has the right not to accept returns made without such notification. In case of exercising this right, he/she must return all documents and materials sent to him/her such as the cargo delivery report indicating that the product delivered to a 3rd party or BUYER has been sent back to SELLER, the original invoice, delivery note, certificate, insurance forms, product box and packaging. Following the full and complete delivery of these documents to SELLER, SELLER will examine whether the return conditions have been met. If the return is approved, the entire amount paid for the product will be refunded within 10 (ten) days by the same method (EFT, money order, credit card) in which it was paid. Any material losses such as damage, missing items etc. detected in the returned products examined by the SELLER will be reported to the customer and the money will be refunded after the necessary financial deductions are made. If the original invoice is not sent, VAT and any other legal liabilities cannot be refunded. The shipping cost of the returned product due to the right of withdrawal will be covered by the SELLER. During the return shipment, the responsibility for any deterioration or similar loss of value in the product and the documents and materials sent with the product due to reasons originating from the cargo companies or the BUYER who made the return transaction belongs to the BUYER who made the return.

In case of irreparable damages caused by production, the customer has the right to unconditional product change and withdrawal within the period. In this case, the BUYER may request a price reduction due to the damage. Product damages caused by the user such as misuse, accident, wear and tear or deformation due to use are not included in this scope.

The BUYER or the 3rd party is obliged to send the invoice, delivery note, certificate, insurance forms, product box, packaging and all other documents and materials sent to them, together with the product return, to the SELLER in full. VAT and other legal liabilities, if any, of products for which the original invoice is not sent will not be refunded. The responsibility for any deterioration, damage or similar loss of value in the product or documents and materials sent with the product, due to reasons originating from the cargo companies or the BUYER who makes the return, belongs to the BUYER who makes the return.

ARTICLE 6 – COMPETENT COURT IN CASE OF DISPUTE

In disputes arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Industry and Trade.

This agreement has been read, accepted and confirmed by the parties electronically. The provisions of the Consumer Protection Law No. 4077 shall apply to matters not regulated in this agreement.

SALES PERSON

RAIN SOIL

BUYER

Name/Surname : {UNIYE_NAME} {UNIYE_SURNAME} 

Date : {ORDER_TIME}

Delivery Address: {SATIS_DELIVERY_ADDRESS}