Terms of service

 

Sales Policy Agreement PRE-INFORMATION

ARTICLE 1 – SELLER INFORMATION

ARTICLE 1.1 – SELLER Company Name: ZÜLEYHA AKBAŞ Address: TERAZIDERE MAH. SULTAN SK. NO: 9 INTERIOR DOOR NO: 5 BAYRAMPAŞA ISTANBUL Tax Office: BAYRAMPAŞA Tax No: 14846097896 Phone: +90 501 135 25 10 Email: butik35tl@gmail.com

ARTICLE 1.2 – BUYER The person who becomes a member of the butik35.com shopping site as a customer. The address and contact information used during registration shall be taken as basis.

ARTICLE 2 – PRODUCT SPECIFICATIONS

The basic features of the goods or services are available at www.butik35.com. You may review the basic features of the product during the campaign period.

The prices listed and announced on the site are the selling prices. Announced prices and commitments remain valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.

The product information consists of the type, quantity, brand/model, color, unit count, sale price, payment method, and details at the time the order is finalized.

The shipping fee for product delivery shall be paid by the BUYER and is non-refundable.

ARTICLE 3 – GENERAL PROVISIONS

3.1) The BUYER declares that they have read and obtained information about the basic characteristics of the product subject to the contract on the butik35.com website, the sale price, payment method, and preliminary information regarding delivery, and has provided the necessary confirmation in the electronic environment. By confirming this Pre-Information electronically, the BUYER confirms that they have correctly and completely obtained the address, basic features of the ordered products, the price including taxes, and payment and delivery information that must be provided by the SELLER to the BUYER prior to the conclusion of the distance contract.

3.2) The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period stated in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that the legal period of 30 days is not exceeded.

3.3) The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problem encountered by the cargo company during the delivery of the product to the BUYER.

3.4) The SELLER is responsible for delivering the product subject to the contract in a complete and undamaged condition, in accordance with the specifications stated in the order, along with warranty documents and user manuals if any.

3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER before the performance obligation arising from the contract expires and obtaining their explicit approval.

3.6) If the SELLER is unable to fulfill its obligations under the contract in the event that the fulfillment of the product or service becomes impossible, the SELLER shall notify the consumer before the performance obligation period expires and refund the total amount to the BUYER within 10 days.

3.7) Electronic confirmation of this Pre-Information Form is required for the delivery of the product. If the product price is not paid for any reason or is canceled in bank records, the SELLER shall be deemed to have been released from the obligation to deliver the product.

3.8) In the event that the BUYER's credit card is used unlawfully or illegally by unauthorized persons for reasons not attributable to the BUYER after the delivery of the product, and the relevant bank or financial institution fails to pay the product price to the SELLER, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, shipping expenses belong to the BUYER.

3.9) If the SELLER is unable to deliver the product subject to the contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation disruptions, the SELLER is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product with an equivalent if available, and/or postponement of the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount paid shall be refunded in full within 10 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 7 days of the cancellation by the BUYER. Since the reflection of this amount to the BUYER's account after the refund to the bank is entirely related to the bank's processing period, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays, and that the amount refunded to the credit card by the SELLER may take an average of 2 to 3 weeks to be reflected in the BUYER's account.

ARTICLE 4 – RIGHT OF WITHDRAWAL

In distance contracts for the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the product within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the indicated address, without assuming any legal or criminal liability and without giving any reason. In distance contracts for the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has begun with the consumer's approval before the withdrawal period expires. Expenses arising from the use of the right of withdrawal belong to the BUYER.

To exercise the right of withdrawal, written notification must be sent to the SELLER by registered mail with return receipt, fax, or email within the 14-day period, and the product must not have been used within the framework of Article 5. If this right is exercised:

a) The invoice of the product delivered to a third party or to the BUYER (if the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Returns of orders invoiced in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

c) The product to be returned must be delivered complete and undamaged, along with its box, packaging, and standard accessories if any.

d) The SELLER is obliged to refund the total amount and return the documents that put the buyer in debt within 10 days of receiving the withdrawal notification, and to take back the goods within 15 days.

e) If the value of the goods decreases or if the return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER's losses in proportion to their fault.

f) If the campaign limit amount set by the SELLER falls below the threshold due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign shall be canceled.

g) The shipping fee for returning the product due to the right of withdrawal shall be covered by the BUYER for both domestic and international orders.

h) The SELLER does not refund the shipping fee collected from the BUYER at the time of sale.

ARTICLE 5 – PRODUCTS EXEMPT FROM THE RIGHT OF WITHDRAWAL

Returns of products prepared specifically for the BUYER's requests or clearly personal needs, products that are not suitable for return by nature, products that have a risk of rapid deterioration or expiration, and audio or video recordings, software programs, and computer consumables whose packaging has been opened by the BUYER are not possible pursuant to the Regulation.

For the implementation of this Pre-Information, Consumer Arbitration Committees and Consumer Courts located where the BUYER purchased the goods or services and where the BUYER resides are authorized up to the value announced by the Ministry of Industry and Commerce.

The SELLER may submit complaints and objections to the consumer arbitration committee or consumer court in the location where the goods or services were purchased or where they reside, within the monetary limits determined annually in December by the Republic of Turkey Ministry of Industry and Commerce. Information regarding monetary limits is as follows:

Effective from 01/01/2012:

a) The lower monetary limit for the decisions of consumer arbitration committees to be binding, as referenced in paragraphs 5 and 6 of the amended Article 22 of Law No. 4077 on the Protection of Consumers, or to serve as evidence in consumer courts, is TRY 1,161.67.

b) The lower monetary limit for provincial arbitration committees operating in metropolitan provinces to be authorized and competent to hear disputes, as stated in paragraph 3 of Article 5 of the Consumer Arbitration Committees Regulation published in the Official Gazette No. 25186 dated 01/08/2003, is TRY 3,032.65.

This Pre-Information is made for commercial purposes.

DISTANCE SALES AGREEMENT

ARTICLE 1 – PARTIES

1.1 – SELLER Name: Address: Phone: ***** Fax: **** Email: info@butik35.com

1.2 – BUYER The person who becomes a member of the butik35.com shopping site as a customer. The address and contact information used during registration shall be taken as basis.

ARTICLE 2 – SUBJECT

The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts, regarding the sale and delivery of the product specified below, which was ordered electronically by the BUYER from the SELLER's website.

ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT

Consists of the type, quantity, brand/model, color, unit count, sale price, payment method, and details at the time the order is finalized.

ARTICLE 4 – GENERAL PROVISIONS

4.1 The BUYER declares that they have read and obtained information about the basic characteristics of the product subject to the contract on the website, the sale price including all taxes, payment method, delivery details and that delivery costs will be covered by the BUYER, the delivery timeframe, and the SELLER's full trade name, address, and contact information, and has provided the necessary confirmation in the electronic environment.

By confirming this agreement electronically, the BUYER confirms that they have correctly and completely obtained the address, basic features of the ordered products, the price including taxes, and payment and delivery information that must be provided by the Seller to the Consumer prior to the conclusion of the distance contract.

4.2 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period stated in the preliminary information on the website, depending on the distance of the BUYER's place of residence, not exceeding the legal period of 30 days. All shipping costs related to the delivery shown in Article 3 shall be covered by the BUYER and will be reflected on their invoice as "Shipping Fee."

4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization refuses to accept the delivery.

4.4 The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problem encountered by the cargo company during delivery.

4.5 The SELLER is responsible for delivering the product subject to the contract in a complete and undamaged condition, in accordance with the specifications stated in the order, along with warranty documents and user manuals if any.

4.6 Provided there is a valid reason, the SELLER may supply a different product of equal quality and price before the performance obligation arising from the contract expires.

4.7 If the SELLER is unable to fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, the SELLER shall notify the consumer before the performance obligation period expires and may supply a different product of equal quality and price.

4.8 For the delivery of the product subject to the contract, a signed copy of this agreement must have been received by the SELLER and the price must have been paid by the BUYER using their preferred payment method. If the product price is not paid for any reason or is canceled in bank records, the SELLER shall be deemed to have been released from the obligation to deliver the product.

4.9 The BUYER accepts and undertakes that the credit card information entered into the system during shopping is accurate and that all legal and criminal liability arising from the use of this credit card belongs to them. In the event that the BUYER's credit card is used unlawfully or illegally by unauthorized persons for reasons not attributable to the BUYER after the delivery of the product, and the relevant bank or financial institution fails to pay the product price to the SELLER, the BUYER is obliged to send the product back to the SELLER within 3 days, provided that it has been delivered. In this case, shipping expenses belong to the BUYER. If the BUYER does not return the product, the BUYER accepts and undertakes that the product price will be transferred to the SELLER's bank account without any further notice, in cases where the product price is not collected from the credit card or is refunded to it for any reason.

4.10 If the SELLER is unable to deliver the product subject to the contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation disruptions, the SELLER is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product with an equivalent if available, and/or postponement of the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount paid shall be refunded in full within 10 days.

4.11 Points awarded to customers through a campaign by the SELLER are valid for one purchase only. These points are not refunded even if the product is returned.

For payments made by credit card, the product amount shall be refunded to the relevant bank within 7 days of the cancellation by the BUYER. Since the reflection of this amount to the BUYER's account after the refund to the bank is entirely related to the bank's processing period, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays, and that the amount refunded to the credit card by the SELLER may take an average of 2 to 3 weeks to be reflected in the BUYER's account.

ARTICLE 5 – RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw within 14 days from the date of delivery of the product subject to the contract to themselves or to the person/organization at the indicated address, without having to give any reason.

However, products specially prepared, offered for sale, and/or imported for specific occasions such as New Year's, public holidays, or Mother's Day, as well as campaign and promotional products, are not eligible for return; the BUYER makes their purchase by accepting these conditions.

To exercise the right of withdrawal, written notification must be sent to the SELLER by fax or email within the 14-day period, and the product must not have been used within the framework of Article 6. If this right is exercised:

a) The invoice of the product delivered to a third party or to the BUYER (if the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Returns of orders invoiced in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

c) The products to be returned within the 14-day period must be delivered complete and undamaged, along with their box, packaging, and standard accessories if any. The product price shall be refunded to the BUYER within 10 days of these documents reaching the SELLER.

The shipping cost for products returned due to the right of withdrawal shall be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER at the time of sale.

When returning the product to the SELLER, the original invoice presented to the BUYER at the time of delivery must also be returned (in order to ensure consistency in our accounting records). If the invoice is not sent together with the product or within 5 days of the product being shipped to the SELLER at the latest, the return will not be processed and the product will be sent back to the BUYER as cash-on-delivery. The phrase "this is a return invoice" must be written on the invoice to be returned with the product and signed by the BUYER.

ARTICLE 6 – PRODUCTS EXEMPT FROM THE RIGHT OF WITHDRAWAL

By their nature, single-use products, copyable software and programs, products that spoil quickly or may expire, are not accepted for return.

ARTICLE 7 – DEBTOR DEFAULT

In the event that the BUYER defaults, the BUYER agrees to compensate the SELLER for any losses and damages arising from the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's own fault, the BUYER shall not be obliged to meet any claim for damages.

ARTICLE 8 – JURISDICTION

For the implementation of this Pre-Information, Consumer Arbitration Committees and Consumer Courts located where the BUYER purchased the goods or services and where the BUYER resides are authorized up to the value announced by the Ministry of Industry and Commerce.

The SELLER may submit complaints and objections to the consumer arbitration committee or consumer court in the location where the goods or services were purchased or where they reside, within the monetary limits determined annually in December by the Republic of Turkey Ministry of Industry and Commerce. Information regarding monetary limits is as follows:

Effective from 28/05/2014:

a) Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, disputes below two thousand Turkish Liras must be referred to district consumer arbitration committees, disputes below three thousand Turkish Liras must be referred to provincial consumer arbitration committees, and in metropolitan provinces, disputes between two thousand and three thousand Turkish Liras must be referred to provincial consumer arbitration committees. Consumer arbitration committees cannot be applied to for disputes above these amounts.

b) For disputes above the specified amounts, applications must be made to Consumer Courts, or where no Consumer Court exists, to Civil Courts of First Instance acting as Consumer Courts.

This pre-information is made for commercial purposes.

Please Note: Before signing the cargo receipt, please check whether your cargo package has been damaged during transportation. If your cargo package is damaged for any reason, do not sign any delivery documents and return the cargo to the courier official so that a report can be drawn up. Your new products will be sent to you immediately. In the event that damaged cargo packages are accepted, butik35.com is not responsible for any damage to or missing items inside the products.

  1. All of these terms and conditions are subject to Turkish Law.