DISTANCE SALES CONTRACT
All users are deemed to have read and approved the sales contract when they complete their membership process.
Sales Agreement
It is a Virtual Sales Agreement between www.gaina.com.tr and the Customer.
Article - 1
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Regulation on the Principles and Procedures for the Implementation of Distance Contracts of the Law on the Protection of Consumers No. 4077, in relation to the sale and delivery of the product, the characteristics and sales price of which are specified below, which the seller sells to the buyer.
Article - 2
SELLER INFORMATION
Ayça Beril TANRIKUT - www.gaina.com.tr
Article 3
BUYER INFORMATION
All members: All buyers who shop at www.gaina.com.tr, the e-commerce store of Ayça Beril TANRIKUT company, whether they are members or not. (Hereinafter referred to as buyers or customers).
Article 4
SUBJECT OF THE CONTRACT AND PRODUCT INFORMATION:
The type, quantity, brand/model, color, number, sales price and payment method of the goods/product or service are as stated on the site and these promises are subject to change without notification to the buyer.
Article 5
GENERAL PROVISIONS
5.1 - The BUYER declares that he/she has read and is aware of the basic characteristics, sales price, payment method and all preliminary information regarding delivery of the contractual product specified in Article 4 and has given the necessary confirmation electronically.
5.2 - The product subject to the contract is delivered to the buyer or the person or organization at the address specified by the buyer within the period specified in the preliminary information, depending on the distance of the buyer's place of residence for each product, provided that the legal 30-day period is not exceeded.
5.3 - If the product subject to the contract is to be delivered to a person or organization other than the buyer, the SELLER cannot be held responsible if the person or organization to whom the product is to be delivered does not accept the delivery.
5.4 "SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
5.5 - Delivery of the contracted product requires that this contract be electronically approved and the purchase price be paid using the payment method chosen by the Buyer. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
5.6 - If, after delivery of the product, the relevant bank or financial institution fails to pay the SELLER the price of the product due to the unfair or illegal use of the Buyer's credit card by unauthorized persons not due to the Buyer's fault, the BUYER must return the product, which was delivered to the BUYER or to the person or institution specified in the sales contract, to the SELLER within 3 business days. In such a case, the shipping costs are the Buyer's responsibility.
5.7 - If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a comparable product, if any, and/or postponement of delivery until the impeding condition is resolved. If the BUYER cancels the order, the SELLER will initiate the cancellation of the BUYER's credit card receipt and the refund of the relevant amount to the BUYER's account within seven days, and the transaction will be notified to the BUYER via email. In such cases, the SELLER cannot be held responsible for any delays caused by the bank.
5.8 - If the products delivered to the BUYER and/or the person and/or institution to which the BUYER requests delivery are defective or broken, the relevant product(s) must be returned to the SELLER within 7 days of the date of receipt by the BUYER for necessary repair or replacement under warranty conditions, with shipping costs covered by the SELLER. In such a case, after the 7-day period expires, the BUYER must return the product to the relevant service center.
5.9- This contract becomes valid after it is electronically approved by the buyer (after membership is completed) and delivered to the address Maslak Mah. Taşyoncası Sk. Maslak 1453 T1 Blok No: 1 L İç Kapı No: 24 Sarıyer / İstanbul, Turkey .
Article 6
RIGHT OF WITHDRAWAL:
The Buyer has the right of withdrawal within seven (7) days from the delivery of the product subject to the contract to them or to the person/entity at the address they have provided. To exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within this period, and the product must be unused and its packaging undamaged, in accordance with the provisions of Article 7. In the event of exercising this right, a copy of the cargo delivery report certifying that the product delivered to a third party or the Buyer was sent to the SELLER and the original sales invoice must be returned. Within seven days following the receipt of these documents, the SELLER must initiate an action with the relevant bank to have the product price refunded to the BUYER's credit card account. The SELLER cannot be held responsible for any problems on the bank's part in the refund of the product price. If the original sales invoice is not sent, value added tax and any other legal obligations will not be refunded. The shipping cost of the product returned due to the right of withdrawal is the BUYER's responsibility. Additionally, the right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, copyable software and programs, products that deteriorate rapidly or have expired. The right of withdrawal for all types of software and programs, DVDs, VCDs, CDs, and cassettes, computer and stationery consumables (toner, cartridges, ribbons, etc.), and all cosmetics is subject to the condition that the product packaging is unopened, undamaged, and unused.
Article 7
COMPETENT COURT
Complaints and objections regarding disputes arising from this agreement shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limits is provided below:
Value for applications to Consumer Arbitration Committees for 2021:
a) District Consumer Arbitration Committees for disputes under 7,550 (seven thousand five hundred and fifty) Turkish Liras,
b) Provincial Consumer Arbitration Committees in disputes between 7,550 (seven thousand five hundred and fifty) Turkish Lira and 11,330 (eleven thousand three hundred and thirty) Turkish Lira in provinces with metropolitan status,
c) Provincial Consumer Arbitration Committees for disputes under 11,330 (eleven thousand three hundred and thirty) Turkish Liras in the centres of provinces that are not metropolitan cities,
ç) Provincial Consumer Arbitration Committees in disputes between 7,550 (seven thousand five hundred and fifty) Turkish Liras and 11,330 (eleven thousand three hundred and thirty) Turkish Liras in districts of provinces that are not metropolitan cities,
is on duty.