Yasal bildirim
DISTANCE SALES CONTRACT
1. SUBJECT
The subject of this Distance Sales Contract ("To be Covered") is determined from the website www.imgaia.com, the person who will buy the product ("BUYER") and the legal owner of the internet and adress, for the use of the distance contract ("") signed by "IMGAIA" ("SELLER / SERVICE PROVIDER") for the Protection of Consumers No.6502 The rights and information of the parties in accordance with the provisions of the Law ("Law No. 6502") Distance Contractual Contract Regulation ("Regulation") (Regulation No. 29188, dated 27.11.2014).
In this context, the PURCHASER accepts in advance that the contract subject order will be subject to the payment of the specified amount of the order subject to the order subject and the additional productions such as shipping fee, tax, if any, and that he has been informed about this.
2. SELLER INFORMATION
Title: IMGAIA
Address: Tomtom Mah. Istiklal Cd. Beyoglu Is Merkezi, 187/5 Beyoğlu/İstanbul, TURKEY
Telephone: +90 5375031414
Email: hello@imgaia.com
3. BUYER INFORMATION
Name / Surname / Title: [●]
Address: [●]
Phone: [●]
Email / Username: [●]
- SUBJECTS WHICH THE BUYER HAS BEEN INFORMED
The BUYER accepts and undertakes that it is a real or legal person acting for commercial or non-professional purposes in terms of the purchase made within the scope of this Agreement. The BUYER acknowledges that this Agreement is concluded on the Website by the BUYER and that it is informed by seeing and examining the relevant explanations of the Website at every stage of the purchase process.
(1) The consumer is obliged to be informed by the seller or the provider before the establishment of the distance contract or accepting any corresponding offer, including all of the following.
- a) Basic characteristics of the goods or services subject to the contract,
- b) Name or title of the seller or supplier,
- c) The full address, telephone number and similar contact information of the seller or provider, which allows the consumer to contact the seller or provider quickly, and the identity and address of the seller or provider acting on behalf or account,
d) If the seller or the supplier has contact information different from those specified in clause (c) in order to convey the consumer's complaints, the information regarding them,
- e) The total price of the goods or services including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs, if any, and the information that additional costs may be paid if these cannot be calculated in advance,
- f) In cases where the usage fee of the remote communication tool cannot be calculated over the usual fee tariff during the establishment of the contract, the additional cost charged to consumers,
- g) Information on payment, delivery, performance and commitments, if any, and solution methods for the complaints of the seller or supplier,
- h) In cases where there is a right of withdrawal, information about the conditions, period, procedure and the carrier foreseen by the seller for the return of this right,
i) Open address, fax number or e-mail information where the withdrawal notification will be made,
- j) In cases where the right of withdrawal cannot be exercised pursuant to Article 15, information regarding the inability of the consumer to benefit from the right of withdrawal or under which conditions he / she will lose the right of withdrawal, ı) the vendor or provider any deposits or other financial guarantees that must be paid or provided by the consumer, if any, and the conditions related thereto,
- k) Technical protection measures, if any, that may affect the functionality of digital content,
- l) Information on which hardware or software the digital content can work with, which the seller or the provider knows or is expected to know reasonably,
- m) Information that consumers can submit their applications to the Consumer Court or the Consumer Arbitration Committee.
(2) The information specified in the first paragraph is an integral part of the distance contract and this information cannot be changed unless the parties explicitly agree otherwise.
(3) If the seller or the supplier does not fulfill the obligation to inform the additional expenses in the first paragraph (d), the consumer is not obliged to meet them.
(4) The total price in subparagraph (d) of the first paragraph must include the total costs on the basis of each billing period in indefinite term contracts or fixed term subscription contracts.
(5) In the contracts established through auction or auction, the information about the auctioneer may be included instead of the information in subparagraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof regarding the preliminary notification lies with the seller or supplier.
- CONTRACT SUBJECT PRODUCT, PRICE, DELIVERY INFORMATION
5.1. The basic characteristics (type, quantity, brand / model, color, number) of the good / product / products / service are available on the website of the SELLER.
5.2. The prices listed and announced on the site are the selling price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
5.3.The selling price of the goods or services subject to the contract, including all taxes, is shown in the table below.
[Product quality, price, delivery method, who will be responsible for delivery costs, etc. information must be entered.]
Basic characteristics of the goods or services subject to the contract
Type of product: [●]
Number of Products: [●]
The selling price of the goods or services subject to the contract, including all taxes and expenses:
Total selling price (including taxes): [●]
Payment method of order price: [●]
Delivery Information
Delivery Address: [●]
Order Date: [●]
Delivery Method: [●]
Delivery expenses: [●]
To whom the delivery expenses belong: [●]
Product Delivery Times
A clear delivery date cannot be shared for shipments made by cargo. Delivery takes place within the estimated time interval shown to you at the order stage.
- RIGHT OF WITHDRAWAL
6.1 BUYER; In distant contracts regarding the sale of goods, within 14 (fourteen) days from the date of delivery to the product itself or to the person / organization at the address indicated, it can use the right to withdraw from the contract by refusing the goods without any legal or criminal liability and without any justification, provided that the SELLER is notified in writing. In distant contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts that started with the approval of the consumer.
6.2. Expenses arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
6.3. In order to use the right of withdrawal, within 14 (fourteen) days, the SELLER's e-mail or a written notification with the return request form and 5.4 of this preliminary information form of the product. It must not be used within the framework of the provisions of "Products whose Right of Withdrawal Cannot Be Used" regulated in the article. If this right is exercised,
6.3.2. Return form,
6.3.3. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
6.3.4.The SELLER is obliged to return the total price and the documents that put the BUYER under debt within 14 days from the receipt of the withdrawal notice to the BUYER.
6.3.5. When the BUYER exercises its right of withdrawal, it is obliged to return the goods to the seller within ten days from the date of the notification to the SELLER.
6.3.6. If there is a decrease in the value of the goods due to the fault of the BUYER or the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of his fault.
6.3.7. If the campaign limit amount set by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
6.4 Products that the Right of Withdrawal cannot be used are as follows:
6.4.1. Contracts for goods or services whose price varies depending on fluctuations in financial markets and that are not under the control of the seller or supplier.
6.4.2. Contracts for goods prepared in line with the wishes or personal needs of the consumer.
6.4.3. Contracts for the delivery of perishable or expired goods.
6.4.4. Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.
6.4.5. Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
6.4.6. Contracts relating to books, digital content and computer consumables, data recording and data storage devices provided in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
6.4.7. Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
6.4.8 Contracts for the use of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be done on a specific date or period.
6.4.9. Contracts relating to services performed immediately in the electronic environment or intangible goods delivered immediately to the consumer.
6.4.10. Contracts for services started with the approval of the consumer before the right of withdrawal expires.
6.4.11. Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) they must be untested, uncorrupted and unused.
Open address, fax number or e-mail information for the withdrawal notification:
Title: IMGAIA
Address: Istanbul
Telephone:
Email: hello@imgaia.com
The carrier for the return:
The carrier for shipment: Yurtiçi Courrier
- GENERAL PROVISIONS
7.1.The BUYER acknowledges that the seller has received the preliminary information about the basic characteristics of the product subject to the contract, the sales price and payment method including all taxes, the delivery and the right of withdrawal on the website of the SELLER, that he has read and informed, and has given the necessary confirmation and approval for the sale in electronic environment declares and undertakes.
7.2 BUYER; By confirming the preliminary information electronically, it accepts, declares and undertakes that it has received the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information, before the establishment of the distance sales contract, accurately and completely. .
7.3.Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the specified period depending on the distance of the BUYER's settlement, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
7.4.The BUYER accepts, declares and undertakes that it has confirmed the preliminary information form regarding the product / service prior to this Agreement.
7.5.SELLER shall deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, and the information and documents required by the work in accordance with the requirements of the legal legislation without any defects and the principles of integrity and honesty. It accepts, declares and undertakes to perform within the scope of the work, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
7.6.SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
7.7. The BUYER is obliged to check the Products as soon as they are received and to inform the SELLER of any defects.
7.8 If the products are to be delivered to another person indicated by the PURCHASER, the SELLER cannot be held responsible because the person / organization to be delivered does not accept the delivery.
7.9.SELLER accepts, declares and undertakes that if the product or service subject to the order fails to fulfill the contractual obligations, it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days. .
7.10.SELLER makes all repayments to be made in the cases specified in this Contract in accordance with the payment instrument used by the BUYER and without incurring any expense or liability to the BUYER.
7.11.The BUYER accepts, declares that the BUYER will confirm this Preliminary Information Form electronically for the delivery of the contractual product, and if the BUYER does not pay the contractual product price and / or is canceled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will end. and undertakes.
7.12. The SELLER cannot be held responsible for the delivery of the ordered Product to the BUYER due to all kinds of problems that the cargo company may encounter during the delivery of the Products to the BUYER.
7.13. BUYER, after the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or the BUYER, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER Contract It accepts, declares and undertakes that it will return the subject product to the SELLER within 3 days, shipping costs to the BUYER.
7.14. If the BUYER requests the goods to be sent with a carrier other than the carrier determined by the SELLER, the SELLER is not responsible for the loss and damage that may occur after the delivery of the goods to the relevant carrier.
7.15.The BUYER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification of the SELLER. does.
7.16. BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
7.17. The BUYER may not use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
7.18.SELLER may cause force majeure such as the occurrence of unforeseen and preventing and / or delaying situations that arise outside the will of the parties.
- DISPATCH
In the resolution of any dispute that may arise between the BUYER and the SELLER, the Seller records (including the records in magnetic media such as computer-audio recordings) constitute definitive evidence. In disputes arising from the implementation and interpretation of the Distance Sales Contract, the parties have accepted that the Consumer Arbitration Committees in the place where the Buyer's and Seller's residence is located within the monetary limits determined each year within the framework of the legislation, and the Consumer Courts will be authorized in cases that exceed the borders.
- ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. All articles of this Agreement have been read and accepted by the Seller and the Buyer, and the Agreement enters into force on the date it is electronically approved by the BUYER.
SELLER:
RECEIVER:
HISTORY:
COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY
IMGAIA is the operator of www.imgaia.com.
All materials on this Site, and the Site itself, are protected by copyrights, designs, trademarks and/or all other intellectual property rights and materials.
These materials are owned by IMGAIA. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, product designs, logos, trademarks, and other materials contained in this site, as well as the software used in the design and development of this site. All rights of IMGAIA are reserved.
You are expressly prohibited from: Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the products and their descriptions and other material made available on the website; and removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Missoma, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of IMGAIA or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to IMGAIA.