Distance Sales Agreement
1.1. Information About the Seller
Title : Boomkin Software Technologies and Trade Inc.
Mersis No: 0179134611600001
Address: Mesrutiyet Mah. Melek Sk. Hosgor Apt. No:10a Sisli/Istanbul
Phone: +90 850 308 33 25
Our company is a member of the Istanbul Chamber of Commerce (ITO), and the electronic contact details of the ITO's professional code of conduct are as follows: (www.ito.org.tr, Telephone: 444 0 486)
1.2. Information About the Buyer
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
1.3. ORDERING PERSON INFORMATION
The Seller and the Buyer, whose titles/names, addresses, identification numbers and contact information are written above, will hereinafter be referred to individually as the " Party " and together as the " Parties ".
The terms defined below in this Agreement have the following meanings, unless expressly defined differently elsewhere in the Agreement or in any future annexes:
2.1.“Buyer” means the natural or legal person who makes transactions on the Website,
2.2. " Minister" means the Minister of Customs and Trade,
2.3. "Ministry" means the Ministry of Customs and Trade,
2.4.“Price” means the total price of the Order created by the Buyer,
2.5.“Invoice” means a printed invoice, electronic invoice or e-archive invoice,
2.6. " Service" means the subject of any consumer transaction other than providing goods made or promised to be made in return for a fee or benefit,
2.7.“Return Form” , the document shared with the Buyer in the Preliminary Information Form and which must be filled and sent to the Seller for returns to be made in accordance with the provisions of this Agreement,
2.8 . "Website" , https://www.gizlisekme.co website and mobile applications of this website,
2.9. "Law", Law No. 6502 on the Protection of Consumers,
2.10.“Personal Data” means any information relating to an identified or identifiable natural person,
2.11. " Goods" refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in the electronic environment.
2.12.“Force Majeure ” means situations that are not present or foreseen at the date of signing the contract, that develop beyond the control of the Parties, that make it impossible for one or both of the Parties to partially or completely fulfill their obligations and responsibilities that they have undertaken under the contract, or to fulfill them on time, Force Majeure (pandemic, epidemic, epidemic, natural disaster, war, terrorism, uprising, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.) will be considered as. However, the Parties will not be able to claim that the performance of the money payment debts they have undertaken with the contract is affected by the Force Majeure.
2.13.“Shipping” means the transportation of the sold products to the address of the Buyer by the Seller, either through cargo or distribution companies or by the Seller according to the selected delivery type,
2.14.“Payment” means that the Buyer pays the Price of the Products purchased to the Seller through the payment options defined on the Website,
2.15.“Seller” means Boomkin Yazılım Teknolojileri ve Ticaret Anonim Şirketi,
2.16.“Order” means all of the Products that the Buyer completes the purchase from the Website,
2.17.“Order Confirmation” means the acceptance declaration of the Seller in the digital environment that the Products purchased by the Buyer have been sold to the Buyer,
2.18. " Orderer", the real or legal person who requests a good or service through the website of the SELLER,
2.19. "Site" means the website of the SELLER,
2.20.“Contract” , This Distance Sales Contract, which is regulated in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and the implementation of this law, article 4/e of the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188, and other legislation,
2.21. "Parties" means SELLER and BUYER,
2.22.“Delivery” means leaving the Order to the Buyer's Delivery Address via cargo or distribution companies,
2.23.“Delivery Address” means the address that the Buyer declares for the delivery of his Order,
2.25.“Product(s)” means any goods or services offered for sale by the Seller on the Website.
2.26. "Regulation" means the Regulation on Distance Contracts (OG:27.11.2014/29188)
THE SUBJECT OF THE CONTRACT
3.1. The subject of this contract is the sale and delivery of the product, whose qualifications and sales price are specified below, which the Buyer, who has signed this contract, has ordered electronically from the Seller's Internet Site, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts and other relevant legislation. determination of their rights and obligations. The provisions of the Code of Obligations and the Turkish Commercial Code shall apply to the buyers who are not considered as consumers.
3.2. Buyer, Seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has been informed by the seller clearly, understandably and in accordance with the internet environment, and that it accepts the provisions of this Agreement by ordering the Product by giving confirmation-approval-acceptance-permission in electronic environment.
3.3. The Preliminary Information on the Website and the invoice issued on the order given by the Buyer are integral parts of this contract.
CONTRACTUAL PRODUCT(S), PAYMENT INFORMATION, DELIVERY
Subject of Contract Product(s)
4.1. The Buyer confirms that he/she is informed about the type and type, code, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the Product(s) received electronically before the payment is made and confirms this information. accepts and declares. The person to be invoiced and the person making the contract must be the same.
4.2. It consists of the product type, quantity, brand/model, color, quantity, sales price, payment method, and information at the time the order is finalized.
4.3. The basic features, sales price, delivery and payment terms of the product subject to this Agreement are specified in the Order Summary. The Order Summary is an integral annex and part of this Agreement.
4.4. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
4.4. Total product price stated above Boomkin Yazılım Teknolojileri ve Ticaret A.Ş. collected by the Buyer. The TL amount of the products selected by the Buyer, including VAT (total installment amounts in installment transactions) and all costs, including the shipping fee, if any, are processed through the payment method chosen by the Customer, after the Buyer's approval, and following the payment, the Buyer receives an order confirmation e-mail before the Products are shipped. mail is sent. No shipment will be made until the Order Confirmation e-mail is sent.
4.5. Payment is made on the condition that the Buyer fills in the payment details and information completely and completely in the relevant section and the Payment is approved by the bank or the Seller according to the selected Payment method. Payment can be made as a single payment, or installments provided by banks can also be used. The seller has the right to change the accepted payment methods and installment opportunities at any time.
4.6. Payment of the debt to be made by the Buyer to the bank that is the provider of the bank card, credit card or digital payment instruments used by the Buyer and any arrangements regarding this payment or delays are between the Buyer and the relevant bank, and the Seller is not a party to these issues.
4.7. The Buyer is obliged to use the bank card, credit card or digital payment tools that belong to him and are authorized to use, in all Payments to be made on the Website by bank or credit card or through digital payment systems.
4.8. The Buyer shall make all transactions and payments on its own behalf and on its own account using debit card, credit card or digital payment instruments, and in case of using third party payment instruments, it will receive approval and instruction from the debit card, credit card and/or account holder for the payment transaction. accepted, declared and committed. The financial, legal and penal responsibility arising from the failure to obtain this instruction, consent and approval belongs entirely to the Buyer.
4.9. In the event that the payment is made with a payment instrument that does not belong to the Buyer, the Seller assumes no liability to the owner of the payment instrument. The Seller cannot be shown as a party in the disputes that may arise between the Buyer and these persons.
4.10. All kinds of legal, financial and penal liability arising from the use of lost, stolen, copy, expired, insufficient limit debit and credit cards belong to the Buyer.
4.11. In the event that the total price of the paid Order is canceled due to legal reasons or returned to the right owner, including the situation specified in item 4.8. above, the Buyer's payment obligation to the Seller continues. In such a case, with the realization of the refund or cancellation, the Buyer's debt becomes due without notice, and the canceled or refunded Payment amounts are immediately paid by the Buyer to the Seller in cash and once. Seller is under no obligation to deliver the Order until payment is completed by the Buyer. The Buyer is responsible for any damages arising from the cancellation and return of the relevant Payment.
4.12. In the event that the Seller suffers any damage due to improper or illegal use, the Buyer has agreed and undertaken to cover these losses.
4.13. If it is determined that the Buyer has made irregularities in the payment and banking transactions made in the digital environment within the scope of the membership or purchase transactions made on the Website, the transaction is blocked and the relevant membership is frozen. The Order, which is found to be irregular in banking and payment transactions, is canceled and the necessary notifications and complaints are made to the judicial and administrative authorities. Transaction records and log records are forwarded to the official authorities as evidence of the irregularity.
Delivery of the Order
4.14. The product is delivered to the courier company that the Seller has contracted to be delivered to the selected Buyer's Delivery Address.
4.15. Delivery is made within a legal period of 30 (thirty) days at the latest from the Order Confirmation date.
4.16. It is deemed that the delivery made to the Delivery Address and to the person at this address at the time of Delivery is made to the Buyer.
4.17. Even if the Buyer is not at the address at the time of delivery, the Seller is deemed to have fulfilled its performance fully and completely. The Seller cannot be held responsible for the Buyer's absence at the address at the time of delivery, the delays caused by this situation, and the rules and procedures of the courier company following the Buyer's failure to be present at the address. Losses and expenses arising from the Buyer's late delivery of the Order or the return of the cargo to the Seller or the need for the Product to be sent back to the Buyer shall be borne by the Buyer.
4.18. The Seller shall use all reasonable efforts to secure the Order submitted to it. However, the Seller cannot be held responsible for the delay or non-fulfillment of the Delivery due to delays that may arise in the supply chain and for which the Seller cannot be held responsible, Force Majeure and similar commercial impossibilities and extraordinary circumstances affecting the production, supply and shipment processes.
4.19. Unless otherwise announced on the Website due to campaigns or special regulations, the Shipping fee is borne by the Buyer.
4.20. Except for the cases where the Seller undertakes the transportation, the Buyer is obliged to immediately unpack the received product and examine whether it has been damaged during transportation, photograph the damage in case of damage, and keep a report with the cargo company personnel. It is not possible to apply to the Seller for damages that are not fixed during transportation with the damage assessment report.
4.21. The seller is responsible for the delivery of the contracted product in a sound, complete and in accordance with the qualifications specified in the order.
RIGHT OF WITHDRAWAL AND CANCELLATION OF THE ORDER
6.1. Since this Agreement, established through the Website, is a Distance Sales Contract within the scope of the Law No. 6563 on the Regulation of Electronic Commerce, according to Article 9 of the Regulation on Distance Contracts, the Buyer may return the Product subject to the Agreement within 14 (fourteen) days from the date of delivery without giving any reason and without paying any penalty. may withdraw from the Agreement. The notification that the right of withdrawal has been exercised must be addressed to the Seller in writing before the right of withdrawal expires.
6.2. The Buyer has to send the product back to the Seller within a maximum of 10 (ten) days from the date on which he/she made the notification regarding the use of his/her right of withdrawal.
6.3. For any kind of return, the Buyer must return the received Product exactly as it was delivered, with its original packaging, all parts, Invoice, Return Form and related documents and labels, in full and undamaged.
6.4. The Price of the Product returned with the exercise of the right of withdrawal is returned to the Buyer within 14 (fourteen) days following the Buyer's request to use the right of withdrawal to the Seller. During the exercise of this right, it is obligatory to return the original of the Invoice of the Order in accordance with the tax legislation. If the original invoice is not sent, VAT on the Price and other legal obligations, if any, cannot be returned to the Buyer.
6.5. It is the responsibility of the relevant bank to reflect the cost to the Buyer's account after the Seller's return to the bank is completed. The Buyer accepts that the Seller is not responsible in any way for possible delays caused by the bank.
6.6. In the exercise of the right of withdrawal, the expenses related to the Transportation of the Product shall be borne by the Buyer.
Products for which the Right of Withdrawal cannot be exercised
6.7. In accordance with Article 15 (Exceptions to the Right of Withdrawal) of the Regulation on Distance Contracts No. 29188, the right of withdrawal by law cannot be exercised in relation to the following Products:
- The right of withdrawal cannot be exercised for the products whose protective elements such as packaging, tape, seal, package have been opened after delivery.
- The right of withdrawal cannot be exercised for the products whose return is not suitable for health and hygiene, including sex toys and underwear products offered for sale on the Website. In addition, the Products listed in this paragraph cannot be exchanged or returned for any other reason, including color, size and model.
- Products whose price changes depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier; Products prepared in line with the Buyer's requests or personal needs; contracts for the delivery of perishable or expired goods; Products that are mixed with other products after delivery and cannot be separated due to their nature, periodicals such as newspapers and magazines, other than those provided under the subscription agreement, accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest, which must be done on a certain date or period. The right of withdrawal cannot be exercised for the products related to the use of free time for the purpose of leisure, services performed instantly in the electronic environment or intangible products delivered instantly to the consumer.
Cancellation of Order
6.8. If the Seller is unable to deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the Buyer within 3 (three) days from the date of learning of the impossibility. In this case, the Buyer may use one of the rights to cancel the Order, replace the Product subject to the Contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed.
6.9. In the event that the Buyer cancels the order pursuant to the clause 5.8 above, the Fee shall be returned to the Buyer within 14 (fourteen) days after the Buyer has sent the cancellation request to the Seller. In such a case, the Buyer shall not claim any additional material and moral damages from the Seller.
6.10. In cases of legal withdrawal and other Order-Contract cancellations, the Seller may receive a discount on the Product price and/or all kinds of reward points, etc., from the Buyer. The rights of collection and deduction of monetary values are reserved.
7.1. The Seller has taken the necessary measures for the security of the information shared by the Buyer on the Website and the transactions made, within the means of its infrastructure and technological possibilities. The Buyer is aware that, despite all the security measures taken by the Seller, the security of the device he/she uses while making transactions on the Website may jeopardize the security of the information shared on the Website and the transactions made. The buyer accepts that it is his own responsibility to take the necessary measures against viruses and similar harmful applications in order to protect his device and prevent access to its information and transactions.
PROTECTION OF PERSONAL DATA
8.1. With the approval given to this Agreement, the Buyer, for the legal reasons that the Seller fulfills its obligations arising from the Agreement and that it is stipulated in the relevant legislation; In order to ensure the supply, transportation and delivery of the order; It accepts and declares that it has express consent to the processing of its Personal Data and its transfer to our domestic and foreign business partners, provided that it is limited to the same legal reason and purpose.
8.2. The Data Security Policy of the Seller, which includes the details of the protection of the Personal Data of the Buyer and the processing https://www.gizlisekme.co/pages/veri-guvenligi-politikasi Published at. The Buyer accepts the Seller's Data Security Policy with its approval to this Agreement.
9.1. In all kinds of sales transactions made on the Website, prior to the completion of the sale and payment transaction, preliminary information to the Buyer regarding the qualifications, brand, model and price of the Products subject to the Order, as well as the seller's information and the legal rights of the consumer, in accordance with the Law No. 6563, Law No. 6502 and related regulations. makes. After the Buyer approves this information in digital environment, the Order is completed.
9.2. A copy of the Preliminary Information Form will be emailed to the Buyer upon completion of the Order.
10.1. It is strictly forbidden for persons under the age of 18 to make purchases from the Seller. The Buyer agrees and declares that he will take the necessary care to ensure that the products displayed and offered for sale on the Website are not viewed or purchased by persons under the age of 18.
10.2. Seller is not responsible for price errors caused by typesetting and system errors.
10.3. The Buyer accepts, declares and undertakes that he/she has read and understood the Agreement and is aware of its rights and obligations.
11.1. Notifications made to the addresses specified in this Agreement; Unless a party's address change is notified to the other party in writing through a notary public, it is considered valid and binding in accordance with the legal regulations regarding notifications in Turkish Law.
12.1. This Agreement and the documents to be concluded in addition to this Agreement in the future constitute the entire agreement between the Parties and terminate and replace all agreements made between the parties regarding the subject of this Agreement.
13.1. If any provision or rule in this Agreement is found to be unenforceable or invalid for any reason, the other provisions and rules will remain in effect.
13.2. any invalid or unenforceable provision; If it is to become valid, enforceable or lawful by modification, this provision shall apply with the least modification necessary to render such provision lawful, valid or enforceable.
13.3. The parties will use reasonable efforts to ensure that this Agreement is in full force.
[total order amount]
14.1. A copy of this Agreement established in the digital environment has been sent to the Buyer by e-mail.
13.2. The Seller has the right to make changes to the Distance Sales Agreements regulating the sales made on the Website at any time. Changes to be made in the Agreement are binding for transactions made after the date of publication of the Agreement containing the changes on the website.
APPLICABLE LAW AND AUTHORIZED COURT
15.1. The law to be applied in disputes arising from this Agreement, its annexes or the relationship between the Seller and the Buyer is Turkish Law.
15.2. The Buyer may submit his/her complaints regarding the purchased Products directly to the Seller (using the Seller's contact addresses specified under the Parties heading above). In the event of a complaint, the Seller will provide all possible support to resolve the issue.
15.3. In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined-announced every year as per the law by the Ministry of Commerce, and Consumer Courts in cases exceeding these limits. In this context, the Buyer may apply to the Arbitration Committees and Consumer Courts in his or the Seller's domicile (residence) if he wishes.