ARTICLE 1 – PARTIES
1.1. SALES PERSON:
Title: Nacosia.com Umut KAYA
Address: YUKARI MAH. YILDIRAY SK. ASLAN APT. NO: 10 İÇ KAPI NO: 8 KARTAL/ İSTANBUL
1.2. BUYER(“CONSUMER”):
Name/Surname/Title: Membership Holder
ARTICLE 2 – SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502, regarding the sale and delivery of the product whose qualities and sales price are specified below, which the CONSUMER ordered electronically from the website www.nacosia.com.
ARTICLE 3- INFORMATION CONCERNING THE PRODUCT, PAYMENT AND DELIVERY SUBJECT TO THE CONTRACT
3.1- Name, quantity, sales price including VAT, payment method and basic characteristics of the goods or services subject to the contract
3.2- Payment Method: Payment by Credit Card
• The order summary page contains information on how many installments the order total will be paid in.
• Your bank may organize campaigns and apply a higher number of installments than the number of installments you have chosen, and services such as installment postponement may be offered. Such campaigns are at the discretion of your bank, and if our company is aware of them, information about the campaigns is provided on our pages.
• Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected in your credit card statement by your bank. The bank may not distribute the installment amounts evenly over the months, taking into account the fractional differences. Creating your detailed payment plan is at the discretion of your bank.
3.3- On the other hand, since deferred sales are made only with credit cards belonging to banks, the CONSUMER shall also confirm the relevant interest rates and information regarding default interest from his bank, and in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest shall not be included in the credit card agreement between the Bank and the CONSUMER. accepts, declares and undertakes that it will be implemented within the scope of
In addition, since the Credit sales opportunity is provided by the Banks only to the CONSUMER, who is a Bank Customer, the CONSUMER will also confirm the relevant interest rates and information regarding the default interest from his bank, and in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest will be made instantly between the Bank and the CONSUMER. /Accepts, declares and undertakes that it will be applied within the scope of the Distance Shopping Credit agreement. It is at the discretion of your bank to provide loans and create your detailed payment plan.
3.4 – Return Procedure:
In cases where the CONSUMER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the CONSUMER by the decisions of the arbitral tribunal, the refund procedure regarding the payment options is stated below:
a) Return Procedure for Credit Card Payment Options
If the purchase is made by credit card and in installments, the Bank refunds the CONSUMER in installments depending on how many installments the CONSUMER purchased the product. After the SELLER pays the entire product price to the bank at once, and in case the installment expenditures made through the Bank’s POS are refunded to the CONSUMER’s credit card, the requested refund amounts are transferred by the Bank to the holder’s accounts in installments in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the CONSUMER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 (one) refund will be reflected on the card every month and the CONSUMER will be able to pay the installments he paid before the refund for an additional month as many as the number of installments he paid before the return, after the installments of the sale are completed. will be deducted from its receivables and existing debts.
In case of returning goods and services purchased by card, the SELLER cannot make a payment to the CONSUMER in cash, in accordance with the contract made with the Bank. In case of a refund, the SELLER will make the refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on account, cash payment cannot be made to the CONSUMER in accordance with the procedure we have explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the SELLER pays the amount to the Bank in one lump sum.
CONSUMER acknowledges and undertakes that he has read and accepted this procedure. / CONSUMER acknowledges and undertakes that she has read and accepted this procedure.
b) Return Procedure for Money Transfer/EFT Payment Options
The refund will be made by wire transfer and EFT to the account specified by the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member) by requesting bank account information from the CONSUMER.
SELLER pays the bank the entire price of the product at once.
In case of return of goods and services purchased via money order/EFT, the SELLER cannot pay the CONSUMER in cash, in accordance with the contract made with the Bank. In case of a refund, the SELLER will make the refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on account, cash payment cannot be made to the CONSUMER in accordance with the procedure we have explained above.
CONSUMER acknowledges and undertakes that he has read and accepted this procedure. / CONSUMER acknowledges and undertakes that she has read and accepted this procedure.
3.5- Delivery Method and Address:
Packaging, shipping and delivery costs are covered by the BUYER. Shipping costs are shown at the purchasing stage. The shipping price is added to the total amount of the order. It is not included in the product price. The delivery will be delivered by hand, via the contracted cargo company, to the CONSUMER’s address specified above. Even if the CONSUMER is not at ouraddress at the time of delivery, our Company will be deemed to have fulfilled its obligation fully and completely. Therefore, SELLER is not responsible for any damages and expenses arising from late delivery and/or no delivery of the CONSUMER’s product. SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
ARTICLE 4 – RIGHT OF WITHDRAWAL
The CONSUMER has the right to withdraw from this Distance Sales Agreement signed with the SELLER within 14 (fourteen) days without giving any reason and without paying any penalty. The right of withdrawal period is the day the contract was established in contracts regarding the performance of services; In contracts regarding the delivery of goods, it starts on the day the CONSUMER or the third party designated by the CONSUMER receives the goods. However, the CONSUMER may also exercise our right of withdrawal within the period from the conclusion of the contract to the delivery of the goods. In determining the period of right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day when the CONSUMER or the third party designated by the CONSUMER receives the last good,
b) In case of goods consisting of more than one piece, the day when the CONSUMER or the third party determined by the CONSUMER receives the last piece,
c) In contracts where regular delivery of goods is made for a certain period of time, the day when the CONSUMER or the third party determined by the CONSUMER receives the first goods is taken as basis. You can make your withdrawal notification via the easy return option on your personal membership page on the Website before the right of withdrawal expires. The carrier stipulated within the scope of your right of withdrawal is the cargo company to which the ordered product was delivered to you, and the details regarding the return shipping are explained in the easy return option on your personal membership page on the Website.
d) Due to COVID19 Hygiene conditions, opened or used products cannot be returned. Due to hygiene rules, cosmetics and personal care products can only be returned if their packaging is unopened, unused, untested and not expired.
The consumer cannot exercise our right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods that can quickly deteriorate or expire.
ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the CONSUMER.
h) Contracts regarding services whose performance started with the approval of the CONSUMER before the right of withdrawal expires.
If the CONSUMER chooses the payment option with “Shopping Credit””, the CONSUMER accepts, declares and undertakes that the right of withdrawal from the Instant/Distance Shopping Credit Agreement will be applied within the scope of the Instant/Distance Shopping Credit agreement between the Bank and the CONSUMER. THE CONSUMER’s withdrawal from this Distance Sales Agreement signed with the SELLER WILL NOT automatically terminate the Instant/Distance Shopping Credit Agreement with the Bank. In order to withdraw from the Instant/Distance Shopping Credit Agreement, the CONSUMER must direct his withdrawal request to the Bank that provides the loan within the periods specified in the Instant/Distance Shopping Credit Agreement and in accordance with the procedure stipulated in the Instant/Distance Shopping Credit Agreement. In this context, if the notification required to be made by the CONSUMER to the Bank is not made at all or is made late, the Member Merchant, i.e. the SELLER, will not have any liability regarding the credit relationship between the Bank and the CONSUMER.
ARTICLE 5 – GENERAL PROVISIONS
5.1- CONSUMER declares that you has read the preliminary information regarding the product subject to the contract on the website www.nacosia.com and has given the necessary confirmation electronically.
5.2- The product will be delivered within 30 days from the contract date at the latest. All responsibility belongs to the SELLER until the delivery of the product.
5.3- If the product subject to the contract is to be delivered to a person/organization other than the CONSUMER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
5.4- The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
5.5- For the delivery of the product subject to the contract, the price of this contract must be paid by the payment method preferred by the CONSUMER. If the price of the product is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
5.6- After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the CONSUMER’s credit card by unauthorized persons, which is not due to the CONSUMER’s fault, the product will be delivered to the CONSUMER. It must be sent to the SELLER.
5.7- If the products, whether sold with a warranty certificate or not, are defective (defective, broken, etc.) or malfunction or break down within the scope and conditions of the warranty, the products in question can be sent to the SELLER for the necessary repair to be carried out by the authorized service, in which case the shipping expenses will be covered by the SELLER. .
5.8- In order for the refund to be made in accordance with the general communiqué of the Tax Procedure Law No. 385, the relevant sections of the invoice with a refund section that we have sent to you must be filled in completely and sent back to us together with the product after signing.
5.9- Preliminary Information Form and Distance Sales Agreement are considered as a preliminary protocol for the products whose sale is expected to be completed with official transactions to be carried out before the official authorities in accordance with the relevant legislation. The total price of these products does not include expenses that will arise during the completion of the official sales transactions. These expenses will be paid by the CONSUMER during the performance of official transactions. These sales will be deemed completed upon completion of official procedures before the official authorities. In this context, provisions such as the right of withdrawal, cargo / delivery and similar provisions that do not have any application area will not be valid for these products.
ARTICLE 6 – DISPUTES AND COMPETENT COURT
In case of disputes regarding this contract; Turkish Courts are competent; The applicable law is Turkish Law.
Valid within the borders of the Republic of Turkey, for disputes up to the value declared by the Ministry of Commerce every year, the Provincial or District Consumer Arbitration Committees in the place where the CONSUMER transaction is made or the CONSUMER’s residence is located, and for disputes above the said value, the Consumer Courts in the place where the CONSUMER transaction is made or the CONSUMER’s residence is located. He will be competent.
If the order is placed, the CONSUMER is deemed to have accepted all the conditions of this agreement.
SELLER: Nacosia.com UMUT KAYA