Article 1 - Parties
1.1. Seller
Name: Zencefil Teknoloji Sanayi Ticaret Limited Şirketi
Address: Registered Address: Tuncay Artun Avenue, Paşa Suyu Street No:8, Floor:2, Reşitpaşa / Sarıyer / Turkey
Email: [email protected]
1.2. Buyer
Name – Surname / Turkish ID No.
Address
Phone
E-mail
Article 2 - Subject
The subject of this Agreement is to determine the rights and obligations of the parties, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose characteristics and sales price are stated below, which the BUYER has ordered electronically from the SELLER’s website www.yourdigicard.com.
The Buyer acknowledges and declares that they have been informed by the Seller, in a clear, understandable, and internet-appropriate manner, about the Seller’s name, title, full address, telephone and other contact details, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery terms and costs, all preliminary information regarding the goods subject to sale, the exercise of the “right of withdrawal” and how to use this right, the official authorities to which complaints and objections may be submitted, etc.; that the Buyer has confirmed such preliminary information electronically; and that the Buyer subsequently placed an order for the goods in accordance with the provisions of this Agreement.
The preliminary information on www.yourdigicard.com and the invoice issued based on the order placed by the Buyer constitute an integral part of this Agreement.
Article 3 - Product / Payment / Delivery Information
The type and kind, quantity, brand/model, sales price, payment method, delivery recipient, delivery address, invoice details, and shipping fee of the product(s) purchased electronically are as stated below. The person to be invoiced and the person entering into this Agreement must be the same. The information stated below must be accurate and complete. The Buyer agrees to fully compensate any damages arising from inaccurate or incomplete information and also accepts any and all liability that may arise from this situation.
The Seller reserves the right to suspend the order in cases where the information provided by the Buyer does not match reality. In cases where the Seller detects an issue in the order and cannot reach the Buyer via the telephone, e-mail, or postal address provided by the Buyer, the Seller shall freeze the processing of the order for 15 (fifteen) days. The Buyer is expected to contact the Seller regarding the matter within this period. If no response is received from the Buyer within this period, the Seller shall cancel the order to prevent any loss to either party.
Purchased Product(s)
Name, Code: … pcs
Total Sales Price: …. TRY
Payment Method: Credit Card / Bank Transfer (EFT)
Delivery Recipient:
Phone Number:
Delivery Address:
Invoice Recipient (Person/Company):
Invoice Address:
Tax Office:
Tax Number:
Shipping Fee: … TRY
Article 4 - Contract Date and Force Majeure
The contract date is ../../…. , which is the date on which the Buyer placed the order.
Events that were not existing or foreseeable at the time of signing the Agreement, that develop beyond the control of the parties, and that make it partially or completely impossible for one or both parties to perform their obligations and responsibilities under the Agreement, or to perform them on time, shall be deemed force majeure (natural disasters, war, terrorism, uprising, changes in legislation, seizure, strike, lockout, major failures in production and communication facilities, etc.). The party affected by force majeure shall immediately notify the other party in writing.
During the continuation of force majeure, neither party shall bear any liability due to their failure to perform their obligations. If such force majeure continues for 30 (thirty) days, each party shall have the right to terminate the Agreement unilaterally.
Article 5 - Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to perform the obligations imposed on it under this Agreement fully, except in cases of force majeure, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under 18 (eighteen) years of age may not shop through the domain name / website www.yourdigicard.com. The Seller shall rely on the age declared by the Buyer in the Agreement. However, the Seller shall not be held liable in any way for any incorrect age declaration by the Buyer.
5.2. www.yourdigicard.com is not responsible for pricing errors arising from system failures. Accordingly, the Seller shall not be liable for any promotional or pricing errors that may occur due to the system, design, or unlawful interventions to the website. The Buyer may not assert any claim against the Seller based on system errors.
5.3. Purchases on www.yourdigicard.com may be made via credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which no transfer is made within one week from the order date shall be cancelled. The time at which orders are processed is not the moment the order is placed, but the moment when the required collection is made from the credit card account or when the transfer (EFT) is confirmed to have reached the bank accounts. Payment methods such as cash on delivery or postal money order made without consulting customer service are not accepted.
Article 6 - Rights and Obligations of the Buyer
6.1. The Buyer agrees and undertakes to perform the obligations imposed on them under this Agreement fully, except in cases of force majeure.
6.2. By placing an order, the Buyer acknowledges and undertakes that they are deemed to have accepted the provisions of this Agreement and that they will make payment in accordance with the payment method specified in the Agreement.
6.3. The Buyer acknowledges and declares that they have clear, understandable, and internet-appropriate information via www.yourdigicard.com about the Seller’s name, title, full address, phone number and other contact details, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery terms and costs, all preliminary information regarding the goods subject to sale, the exercise of the “right of withdrawal” and how to use this right, the official authorities to which complaints and objections may be submitted, etc.; and that they have confirmed such preliminary information electronically.
6.4. Subject to the previous clause, the Buyer declares that they have read and acknowledged the order/payment/usage procedure information on www.yourdigicard.com, including product order and payment conditions, product usage instructions, measures taken against possible situations, and warnings, and that they have provided the necessary confirmation electronically.
6.5. If the Buyer wishes to return the product, the Buyer agrees and undertakes not to damage the product and its packaging in any manner, and to return the original invoice and delivery note at the time of return.
Article 7 - Order / Payment Procedure
Order
After the Buyer approves the total amount in TRY including VAT of the products added to the shopping cart (the total installment amounts in installment transactions), the transaction is processed via the POS of the relevant bank card. Therefore, before shipment, an order confirmation e-mail is sent to the customer. Shipment is not made without sending the order confirmation e-mail.
Any disruption in the process or any issues that may arise with the credit card are notified to the Buyer by using one or more of the phone/fax/e-mail channels specified in the Agreement. If necessary, the Buyer may be asked to contact their bank. The time at which orders are processed is not the moment the order is placed, but the moment when the required collection is made from the credit card account or when the transfer (EFT) is confirmed to have reached the Seller’s accounts.
Exceptionally, if it is understood for a justified reason that the goods subject to the Agreement cannot be supplied and/or a stock problem is encountered, the Buyer shall be immediately informed clearly and understandably; and upon the Buyer’s approval, another good of equal quality and price may be sent to the Buyer, or in line with the Buyer’s request and choice: a new different product may be sent, waiting may be done until the product is restocked or until the other obstacle preventing delivery is removed, and/or the order may be cancelled.
In cases where fulfillment of the delivery obligation of the goods subject to the Agreement becomes impossible, the Buyer shall be informed and the total amount paid and, if any, all documents that put the consumer under debt shall be returned to the Buyer within ten days at the latest, and the Agreement shall be cancelled. In such a case, the Buyer shall not have any additional material or moral compensation claim from the Seller.
Payment
On www.yourdigicard.com, buyers who do not want to use credit card information online are offered the option to place orders via cash transfer. In transfer payments, the Buyer may choose the most suitable bank and make the transfer. If an EFT is made, the date it is credited to the account shall be taken into consideration. When making a transfer and/or EFT, it is required that the “Sender Information” matches the invoice information and that the order number is written.
If, after delivery of the product, the Buyer’s credit card is used unlawfully by unauthorized persons without the Buyer’s fault and the relevant bank or financial institution does not pay the product price to the Seller, the Buyer is obliged to send the delivered product back to the Seller within 10 days. In such cases, shipping costs shall be borne by the Buyer.
If the Buyer prefers to pay by credit card, the Buyer accepts, declares, and undertakes that they will additionally confirm the relevant interest rates and default interest information from their bank, and that, pursuant to the applicable legislation, provisions regarding interest and default interest will be applied within the scope of the “Credit Card Agreement” between the Bank and the Buyer.
Article 8 - Shipment / Delivery Procedure
Shipment
Upon sending the order confirmation e-mail, the product(s) are handed over to the cargo company contracted by the Seller.
Delivery
The product(s) will be delivered to the Buyer’s address via the cargo company contracted by the Seller. The delivery period is 30 days from the sending of the order confirmation e-mail and the formation of the Agreement. This period may be extended by up to ten days, provided that the Buyer is informed in writing in advance or via a durable medium.
Products are sent with phone notification to areas where cargo companies do not provide door delivery.
In regions where the cargo company delivers only one day per week, delays may occur within the specified period due to inaccuracies/deficiencies in shipment information, social events, or natural disasters. The Buyer may not hold the Seller liable for such delays. If the product is to be delivered to a person/entity other than the Buyer, the Seller is not responsible for additional shipping costs arising from the recipient’s refusal to accept delivery, incorrect shipment information, and/or the Buyer not being present. If the product(s) do not reach the customer within the specified days, delivery issues must be reported immediately to customer service by using the e-mail address on www.yourdigicard.com.
In case of a damaged package; damaged packages must not be accepted and a report must be drawn up by the cargo company officer. If the cargo company officer is of the opinion that the package is not damaged, the Buyer has the right to request that the package be opened on-site to check that the products are delivered undamaged and to have the situation recorded with a report. After the package is accepted by the Buyer, it is deemed that the cargo company has fully performed its duty. If the package is not accepted and a report is issued, the situation must be notified to the Seller’s Customer Services as soon as possible together with the copy of the report retained by the Buyer.
Article 9 - Procedure Regarding Product Return and Right of Withdrawal
The Buyer has the right to withdraw from the Agreement within fourteen days after receiving the goods, without stating any reason and without paying any penalty. In order to carry out return transactions pursuant to the General Communiqué of the Tax Procedure Law No. 385, the Buyer must fill in the return sections at the bottom of the two invoices delivered with the goods, completely and accurately, sign them, send one copy to the Seller together with the product, and keep the other copy. The right of withdrawal period starts from the day the goods are delivered to the Buyer. The return shipping cost of the returned product(s) must be covered by the Buyer.
The right of withdrawal does not apply to goods prepared in line with the Buyer’s requests and/or clearly their personal needs.
If the Buyer exercises the right of withdrawal, the Seller shall refund the total amount received and, if any, all documents that put the consumer under debt, to the consumer without imposing any expense, within ten days at the latest from the receipt of the invoice containing the withdrawal notice together with the product.
A decrease in the value of the received goods or the existence of a reason that makes return impossible does not prevent exercising the right of withdrawal. However, if the decrease in value or impossibility of return results from the consumer’s fault, the consumer must compensate the Seller for the value of the goods or the decrease in value.
The general return period for any mistakenly purchased product is 14 days. Within this period, returns of products whose packaging has been opened, used, damaged, etc. are not accepted. Returns must be made with the original packaging.
If any opening, deterioration, breakage, damage, tearing, use, or similar condition is detected on the mistakenly purchased product or its packaging, and if the product cannot be returned in the condition it was at the time of delivery to the Buyer, the product will not be accepted for return and no refund will be made.
For product returns, the situation must first be communicated to customer services. Return shipping information is provided to the customer by the Seller. After this communication, the Buyer must send the product to the Seller via the cargo company that delivered it to the Buyer, together with the invoice containing the return information. The returned product received by the Seller shall be accepted as a return if it meets the conditions specified in this Agreement, and the refund shall be made to the Buyer’s credit card/account. No refund is made before the product is returned. The time for credit card refunds to be reflected in credit card accounts is at the discretion of the relevant bank.
If the purchase was made by credit card and in installments, the credit card refund procedure shall be applied as follows: If the Buyer requested to purchase the product in a certain number of installments, the Bank refunds the Buyer in installments. After the Seller pays the full product price to the bank in a single payment, in case of refund of installment expenditures made via bank POS to the Buyer’s credit card, the requested refund amounts are transferred by the Bank to the cardholder accounts in installments so that the involved parties are not harmed. The installment amounts paid by the Buyer until the cancellation of the sale, if the refund date does not coincide with the card statement dates, will be reflected to the card as 1 (one) refund each month, and the Buyer will receive refunds for as many additional months as the number of installments paid before the refund, after the installments of the sale are completed, and the amount will be deducted from their existing debts.
In case of return of goods and services purchased by card, the Seller cannot pay cash to the Buyer due to its agreement with the Bank. The merchant (Seller) will process the refund through the relevant software, and since the merchant is obliged to pay the relevant amount to the Bank in cash or by set-off, cash payment to the Buyer cannot be made pursuant to the procedure detailed above. The refund to the credit card will be made by the Bank pursuant to the above procedure after the Buyer pays the amount to the Bank in a single payment.
Article 10 - Warranty
Products used and cleaned in accordance with the instructions for use are guaranteed for 2 years against all manufacturing defects under the terms specified below: The Seller’s warranty liability is valid only for consumers within the scope of Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Article 11 - Confidentiality
The information stated by the Buyer in this Agreement and the information notified to the Seller for the purpose of making payment shall not be shared by the Seller with third parties.
The Seller may disclose such information only within the framework of administrative/legal obligations. Within the scope of any judicial investigation for which an investigation authority is documented, if the Seller has the requested information, it may provide it to the relevant authority.
Credit card information is never stored. Credit card information is used only during the collection process by being transmitted securely to the relevant banks in order to obtain authorization (provision), and is deleted from the system after authorization.
The Buyer’s e-mail address, postal address, and phone number are used by the Seller only for standard product delivery and notification procedures. In certain periods, campaign information, information about new products, and promotional information may be sent to the Buyer upon their approval.
Article 12 - Competent Courts and Enforcement Offices in Case of Dispute
In case of disputes arising from the implementation of this Agreement, Consumer Arbitration Committees up to the value announced every December by the Ministry of Industry and Trade, and Consumer Courts at the Seller’s place of residence are authorized.
In case the order is completed, the Buyer is deemed to have accepted all terms of this Agreement. …/…/…