Distance Selling Contract
ARTICLE 1 - PARTIES Signed between these Terms (the "Agreement") - Özgür Masur Moda Tasarım ve Tekstil Urunleri Ticaret Limited Şirketi (hereinafter referred to as "Ozgur Masur" in the contract), which is subject to Turkish Law and - The customer who purchases the product from www.ozgurmasur.com pursuant to this contract, (hereinafter referred to as "Customer" in the contract). Özgür Masur and Customer will be referred to as joint parties. The following terms and conditions have been accepted: As the order is made, the customer will be deemed to have accepted all the terms of this contract.
ARTICLE 2 - SUBJECT OF THE CONTRACT The subject of this Agreement is the mutual rights and obligations of the parties regarding the purchase by the Customer of the products produced by Ozgur Masur at the request of the Customer, which are offered for sale electronically on the website of Özgür Masur, and the delivery of the relevant products of Özgür Masur to the customer.
ARTICLE 3 - GOODS AND SERVICES ON THE WEBSITE
I.The main features and other information of the products or services offered by Özgür Masur on the website are available at www.ozgurmasur.com. The customer cannot demand any services from Özgür Masur based on information not available on the website.
II. The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a period of time are valid until the end of the specified period. Özgür Masur unilaterally reserves the right to make discounts on products and services and to cancel the discounts.
III. Value added taxes, customs duties and other taxes are not included in the sales price of the goods or services subject to the contract. These taxes will be paid by the customer according to the tax system and rates in the customers country. Ozgur Masur is not responsible for any tax that may arise. The customer will be deemed to have accepted this item irrevocably.
IV. Özgür Masur will deliver the fully paid product to the customer within thirty days, if available in stock.
ARTICLE 4 - SHIPMENT AND DELIVERY METHOD
I. Özgür Masur with the Cargo company with whom he has an agreement on the delivery date (unless there is a request from the customer) that the products he sells on the website www.ozgurmasur.com is sent to the customer in a special box and is protected.
II. Since the prices of the products stated on the website are determined excluding taxes and delivery costs, taxes and delivery costs will be paid directly by the customer. The customer will be deemed to have accepted this item irrevocably.
III. During the delivery of the products to the customer, Özgür Masur cannot be held responsible for the problems caused by the cargo company during the late delivery or non-delivery of the ordered products to the customer by the cargo company.
IV. In case of damaged package; Damaged packages should not be received and a report should be submitted to the Cargo Company official. If the Cargo Company official thinks that the package is not damaged, he / she has the right to open the package there, to check that the products have been delivered undamaged and to request that the situation be determined with a report. After the package is received by the customer, it is accepted that the Cargo Company has fulfilled its duty. Also, the customer accepts any responsibility that may arise from this situation. VI. All information entered by the customer must be correct and complete. The customer agrees to fully compensate for the damages that may arise from situations where this information is not correct or incomplete, and also accepts any liability that may arise from this situation.
ARTICLE 5 - RETURN AND EXCHANGE POLICY
I. Products specified on www.ozgurmasur.com that are customized according to the dimensions and other requests of the customer that placed or to be made on www.ozgurmasur.com cannot be changed and returned. The customer accepts and declares that he does not have the right to return and change his purchases from Özgür Masur, which are produced aspersonalized products.
II. The customer has no right to withdraw or terminate the contract. If the fee specified in the contract is received in the form of prepayment and then withdrawn from the contract, this prepayment will be charged as a cancellation fee.
III. Ozgur Masur reserves the right to suspend the order when it deems necessary, when the information provided by the customer does not match the truth. In cases where Özgür Masur detects a problem in the order, if he cannot reach the customer via the phone, e-mail and postal addresses given by the customer, Ozgur Masur may freeze the execution of the order for 7 business days. Customer is then expected to contact Özgür Masur regarding the issue within this period. If no reply is received from the customer within this period, Özgür Masur cancels the order in order to prevent damage to both parties.
ARTICLE 6 - CUSTOMER'S DECLARATIONS AND WARRANTIES
I. The Customer accepts and declares that he / she knows and approves the basic characteristics, sales price, payment methods and delivery conditions of the product subject to this Contract by reading all the relevant preliminary information on the wwwozgurmasur.com website. This preliminary information is available electronically. By confirming this contract electronically, it confirms that the basic characteristics of the product, sales price excluding taxes and delivery price, payment and delivery information have been obtained correctly and completely.
II. The customer accepts and declares that he has read and understood all the preliminary information / conditions written in the contract, will comply with all obligations in full and on time, and will assume the relevant rights and responsibilities along with the purchasing process. III. All intellectual property rights (information, articles, images, trademarks, logos, design and text, page layout, etc.) in Özgür Masur and www.ozgurmasur.com are the exclusive property of Özgür Masur. No material on www.ozgurmasur.com may be altered, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed or resold, in whole or in any way. The use of materials on this website is strictly prohibited under the Law on Intellectual and Artistic Works No. 5846. Legal and criminal sanctions regarding this will be applied directly to the customer. The customer, the images, information, content, etc. related to this document. It accepts, declares and undertakes all intellectual and industrial rights including www.ozgurmasur.com and the rights under the Industrial Property Law belongs to Özgür Masur and will not use or copy these rights for himself or third parties. IV. The customer accepts, declares and undertakes that he has read, understood and informed the text of the Law on Protection of Personal Data in this contract and at www.ozgurmasur.com. The customer accepts, declares and undertakes that he consents to process and share the information appropriately where permitted by law.
ARTICLE 7 - RIGHTS AND OBLIGATIONS OF ÖZGÜR MASUR
I. Özgür Masur, products purchased by the customer is obliged to supply it completely and without any errors, provided that the stocks are available on the website. The buyer is obliged to inspect the relevant products as soon as they receive them and to report defects within 7 (seven) days at the latest. Otherwise, the customer loses the right to correct the defect in question. If the product is defective due to customization, the product cannot be returned and exchanged. However, if Özgür Masur accepts that the product is defective, the conditions regarding the modification of the product are reserved.
II. Özgür Masur will supply the products it sells online in the dimensions and measures specified by the customer. In case the dimensions of the customer differ from the order date, Özgür Masur has no responsibility.
III. Özgür Masur will inform the customer at the expense of the customer when and how they will ship the products.
IV. Özgür Masur reserves the right to collect the cost of the product by credit, debit card, bank transfer or EFT and other methods. Özgür Masur is not responsible for errors and delays that may arise from banks and collection agents. In such event, the customer may be under an obligation to repay.
V. Özgür Masur reserves the right to make changes to the website and to determine the stock unilaterally and without any justification. The customer cannot make a claim on the products that have been booked or tried to be purchased without such a change.
VI. Özgür Masur, the obligation to ship the product, ends with the delivery of the product to the cargo company with the address of the customer. At this point, Özgür Masur accepts no responsibility in case the carrier fails to deliver the product or the persons at the address of the customer do not receive the product.
ARTICLE 8 - INTELLECTUAL AND INDUSTRIAL RIGHTS AND PROTECTION OF PERSONAL DATA
I. The Parties, regarding all products, have the right to Communicate the Work with Devices that Ensure the Transmission of Sign, Sound and / or Images (including copyright) and the adaptation, reproduction, distribution, performance and services subject to this Agreement belong only to Özgür Masur.
II. The product and its designs specially designed by Özgür Masur for the customer cannot be imitated, copied or altered.
III. Within the scope of this article, the customer is under criminal and legal liability within the framework of the legal legislation, and Özgür Masur reserves the right to claim and sue.
IV. The customer has accepted for has read the statement and consented regarding the Personal Data Protection Law on www.ozgurmasur.com and has accepted the process of his or her personal data in accordance with the relevant laws.
ARTICLE 9 - FORCE AND FORCE MAJEURE Özgür Masur is obliged to notify the customer in the event that the delivery of the product subject to this contract cannot be delivered within due time due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, interruption of transportation. In this case, the customer may use his right to postpone the delivery until the approaching condition expires. The customer accepts, declares and undertakes that he knows that he can use his right of postponement only in case of a force majeure not found on the contract date. This is due to customized products. In such a case, Özgür Masur will send the relevant order to the customer after the force majeure ends.
ARTICLE 10 - OTHER PROVISIONS
I. In cases where there are no provisions in this contract and its annexes, the provisions of the Law No.6502 on the Protection of the Consumer and the Turkish Commercial Code for commercial companies and merchants are applied.
II. Disputes arising from the implementation of this contract and its annexes are settled in Istanbul Central Courts. Turkish law will be applied to the contract.
III. In case of disagreement, Özgür Masur's information, documents and commercial books will constitute definitive evidence.
IV. This contract consists of 10 articles and Özgür Masur has the right to change the contract unilaterally.
ÖZGÜR MASUR FASHION DESIGN AND TEXTILE PRODUCTS TİCARET LİMİTED ŞİRKETI