DISTANCE SALES CONTRACT

 

 

ARTICLE 1- PARTIES
 

SELLER: BMC GLOBAL DIS TICARET LTD.

Title: BMC GLOBAL DIS TICARET LTD.

 

Address: SANAYI MAH. ATATÜRK CAD. REAL MERTER NO: 51/3 INSIDE DOOR NO: 154 GÜNGÖREN/ ISTANBUL , TURKEY 

 

Telephone: x

 

Fax: x

 

E-Mail: [email protected]

 

Bank Account:

 

Tax No: 1781728393

 

Mersis No: 0178172839300001

 

Seller Representative (if any):

 

Address of the Seller Representative (if any):

 

BUYER (CONSUMER):

Name, Surname / Title:

 

Address:

 

Telephone:

 

E-Mail:

 

 

ARTICLE 2- SUBJECT


The subject of this distance sales contract is to specify the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of the Consumer in relation to the sale and delivery of the product or products whose qualifications and sales price are specified below, which
the BUYER ordered electronically from the SELLER's website https://shop.behicesaglam.com

ARTICLE 3- PRODUCT SUBJECT TO THE CONTRACT
 

PRODUCT

UNIT PRICE (TL)

NUMBER

TOTAL (TL)

Brand, Product, Color, Size etc.  

____ USD

_

___ USD

Order processing and shipping and handling fees

___ USD

TOTAL ORDER PAYMENT (including VAT)

___ USD

 

The Product Type, Quantity, Brand, Model, Color, Sales Price of the Product(s) is as stated above and this information has been approved by the BUYER.

Payment Method:
Total Order Amount:
Delivery Address:
Person to be Delivered to:
Invoice Address:
Shipping Fee:

Delivery will be made to the address specified above by the SELLER through the cargo company, if the address is outside the delivery area of the selected cargo company, it must be picked up from the branch. Cargo Fee will be paid by the BUYER. Shipping Fee: -- USD and the shipping price is added to the total amount of the order. Delivery will be made to the above-mentioned address of the BUYER through the contracted cargo company. However, the SELLER may not reflect the entire shipping fee or a part of the shipping fee determined by the campaign to the BUYER, depending on the result of the campaigns carried out at the time of sale and / or announced on the website https://shop.behicesaglam.com.

ARTICLE 4- GENERAL PROVISIONS REGARDING DELIVERY


4.1- The BUYER accepts and declares that the product(s) subject to the contract offered for sale on the
SELLER's website https://shop.behicesaglam.com and the basic qualities, sales price, validity period of prices and payment method, preliminary information and other information regarding delivery and other information specified on the website https://shop.behicesaglam.com and that he / she has read and accurately and completely informed and has given the necessary confirmation for the purchase electronically.

4.2- The product / products subject to the contract are delivered to the BUYER or the person / organization at the address indicated by the BUYER within this 30 (thirty) day period, depending on the distance of the BUYER's settlement for each product, provided that it does not exceed the legal 30-day period following the receipt of the order determined by laws and regulations to the SELLER. So far, in the pre-order product(s), this 30-day legal period will start from the date of sale announced on the sales page of the relevant product, and delays may occur due to the supplier company on this sales date. In this case, the SELLER will inform the BUYER in writing in advance. In this case, the BUYER may use one of the rights to cancel the order or to deliver the product(s) subject to the order by waiting for the delivery period. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to him in cash and in lump sum within 14 (fourteen) days. Even if the CONSUMER is not present at the address at the time of delivery, our company will be deemed to have fulfilled its obligation in full and in full. For this reason, the SELLER is not responsible for damages and expenses arising from the CONSUMER's late receipt of the product and / or not receiving it at all.

4.4- The SELLER shall have full responsibility for the product(s) subject to the distance sales contract to be intact, complete, in accordance with the qualifications specified in the order and, if any, warranty documents and user manuals, and until the moment of delivery of the product(s). The BUYER is responsible for checking the product(s) as soon as he / she receives the product(s) and when he / she sees a problem caused by the cargo in the product(s), he / she is responsible for not accepting the product(s) and keeping a report to the cargo company official.

4.5- For the delivery of the product(s) subject to the distance sales contract, this distance sales contract must be confirmed electronically and the price of the product(s) must be paid in the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

4.6- In the event that the payment for the product(s) subject to the distance sales contract is made by the BUYER by credit card, any legal risk, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card holder or the person to whom the product will be delivered, belongs to
the BUYER. The BUYER accepts and undertakes that he/she will not make any claim from the SELLER in case of any damage in the aforementioned cases.

4.7- In the event that the payment for the product(s) subject to the distance sales contract is made
by the BUYER in the form of a deposit to the account from any ATM device or branch of
any Bank, the BUYER agrees and undertakes to send the IBAN number of a bank account belonging to him / her to the SELLER's export@behicesaglam.com e-mail address in a correct and complete manner to be used in cases where the product price must be returned to the BUYER within the framework of the conditions specified in this contract and that he / she agrees and undertakes to consent to the return to the IBAN number by the SELLER. 

4.8- The SELLER is obliged to notify the BUYER within 3 (three) days if the SELLER cannot deliver the product(s) subject to the distance sales contract within the period due to force majeure or extraordinary circumstances such as weather opposition preventing transportation, interruption of transportation and / or technical reasons etc. reasons. In this case, the BUYER may use one of the rights to cancel the order, to replace the product (s) subject to the distance sales contract with its precedent, if any, and / or to postpone the delivery time until the preventive situation disappears. If the BUYER cancels the order, the amount paid by the BUYER is paid to him in cash and in cash within 14 (fourteen) days.

4.9- The BUYER may forward his/her requests and complaints to the above SELLER address, telephone, fax and e-mail addresses and the defective or defective products of the products sold with the warranty certificate or not, may be sent to the address of the SELLER without paying the shipping fee for the necessary repair within the warranty conditions.

4.10- If the BUYER resides / is located outside the borders of the Republic of Turkey and / or the address where the product will be delivered is located outside the borders of the Republic of Turkey, the country where he / she resides / is located and / or the country where the product will be delivered will be accrued in accordance with the laws, regulations and relevant legal regulations due to the purchase of the product in question, the customs tax, fees and any other financial obligations will belong to him / her, he / she accepts, declares and undertakes in advance that he / she will immediately and fully fulfill all payments to be requested for the delivery of the product. In addition, if the address of the BUYER is outside the distribution area of the cargo company contracted by the SELLER, the BUYER agrees, declares and undertakes in advance to pay all costs and charges to be requested for the delivery of the product or to receive the product / products subject to sale from the relevant branch of the cargo company contracted by the SELLER personally by the buyer / buyers in this distance sales contract. The BUYER will be informed about this situation in advance by the cargo company contracted by the SELLER, and the BUYER may return from the contract if he wishes.

4.11- If the product subject to the contract will be delivered to a person / organization other than the CONSUMER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.

4.12- All, part of the product / products purchased by the BUYER and / or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, published, subject to derivative works, transferred or sold. The BUYER hereby accepts and undertakes that it will not use the product purchased with this contract for illegal purposes and / or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the
BUYER, but the SELLER reserves the right to all kinds of compensation and other claims arising from such unauthorized use of the SELLER against all claims and demands that may be asserted against the SELLER by third parties or competent authorities.

4.13- The BUYER and the SELLER accept, declare and undertake that the correspondence addresses mentioned at the beginning of this distance sales contract are valid notification addresses and that all notifications to this address will be deemed valid.

4.14- The SELLER does not impose an additional cost on the BUYER regarding the fee schedule due to the use of the website https://shop.behicesaglam.com used to place an order.

ARTICLE 5- RIGHT OF WITHDRAWAL


The BUYER has the right to withdraw from the contract within 14 days from the delivery of the product (s) subject to the distance sales contract, except for the exceptions specified in Article 6 of this distance sales contract, to him / her or the person / organization at the address he / she shows, or from the date the contract is signed, without any justification and without penal clause. For
this 14 (fourteen) day period; For goods that are the subject of a single order and delivered separately, the day the consumer or the third person designated by the consumer receives the last good, For goods consisting of more than one part, the day the consumer or the third person designated by the consumer receives the last part, In contracts where regular delivery of the goods is made for a certain period of time, the day the consumer or the third person designated by the consumer receives the first good is taken as the basis.

In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing via the contact information detailed below, provided that the BUYER has used the product(s) in accordance with its functioning, technical specifications and instructions for use within this period. Following the receipt of this notification to the SELLER, the SELLER will share the confirmation information regarding the receipt of the notification with the BUYER and within 14 (fourteen) days following the date of receipt of the notification, the SELLER will return the price of the product (s) subject to the right of withdrawal to the BUYER in accordance with the payment method.

In order not to delay the 14-day return process by the SELLER, the BUYER must deliver the products subject to return to the SELLER within 10 days at the latest, without any damage / change to the product. In order for the return transactions to be made, the relevant sections of the invoice with the return section we have sent to you must be filled in completely and sent back to us with the product after signing.

The right of withdrawal cannot be used for purchases made abroad.

Contact Information for Notification of Right of Withdrawal;

Address:  SANAYI MAH. ATATÜRK CAD. REAL MERTER NO: 51/3 INSIDE DOOR NO: 154 GÜNGÖREN/ ISTANBUL , TURKEY 
Phone:
Fax:
E-mail: [email protected]

ARTICLE 6- PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL


a) Contracts for goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the seller or provider.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
d) Contracts for the delivery of goods whose
protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.
e) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.
f) Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.
g) Contracts for services performed instantly in electronic environment or contracts for intangible goods delivered to the consumer instantly.
h) Contracts for services whose performance is started with the consent of the consumer before the expiry of the right of withdrawal period.

ARTICLE 7- GENERAL PROVISIONS

 

The CONSUMER declares that he / she has read and informed the preliminary information about the product subject to the contract on https://shop.behicesaglam.com internet and that he / she has given the necessary confirmation electronically.

Persons under 18 years of age and adults deprived of the power of discernment or restricted adults cannot make purchases from the SELLER.

For the delivery of the product subject to the contract, the price of this contract must be paid with the payment method preferred by the CONSUMER. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

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 credit card of the CONSUMER by unauthorized persons in a way not caused by the fault of the CONSUMER, it is obligatory to send the product to the SELLER, provided that it has been delivered to the CONSUMER.

ARTICLE 8- COMPETENT COURT


In disputes arising from the implementation of this distance sales contract, the Consumer Problems Arbitration Committee or Consumer Courts in the place where the BUYER purchases the goods or services or where the BUYER's residence is located within the monetary limits announced by the Ministry of Customs and Trade in December each year are authorized.

This distance sales contract has been read, accepted and confirmed by the parties electronically. In case of payment of the order placed through the site, the BUYER shall be deemed to have accepted all the terms of this Agreement. In matters not regulated in this distance sales contract, the provisions of the Law No. 6502 on the Protection of Consumers and the relevant legislation shall apply.

9. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS

 

9.1. Name, surname, e-mail address, T.R. Identity number, demographic data, financial data, etc. of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698; In order to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, -if previously approved- to be used in marketing activities about orders, products and services, to update the information belonging to the BUYER and to manage and maintain memberships and to perform the distance sales contract and other contracts established between the BUYER and the SELLER and to ensure that the technical, logistical and other similar functions of 3rd. In order to ensure that the technical, logistics and other similar functions of third parties are fulfilled on behalf of the SELLER, the SELLER, the SELLER's affiliates and third parties and / or organizations may be recorded indefinitely / permanently, stored in written / magnetic archives, used, updated, shared, transferred and otherwise processed.

 

9.2. Commercial electronic communications may be made by BMC GLOBAL DIS TICARET LTD. for credit card and membership information, transactions and applications for the purpose of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, in accordance with the legislation in force, and commercial electronic communications may be made by SMS / short message, instant notification, automatic call, computer, telephone, e-mail / e-mail, fax, other electronic communication tools, and the BUYER has accepted to send commercial electronic messages to him. If the BUYER requests, the BUYER may opt out of the campaign notification service by clicking the "I do not want to receive campaign and announcement e-mails" link in the promotional e-mail sent to the e-mail address associated with the BUYER's bmcglobal.com account.

 

9.3. The necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken by the Seller in its own system infrastructure to the extent of today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to be protected by the BUYER and not to be accessed by unrelated persons.

 

9.4. The BUYER may request the SELLER to stop [email protected] data use-processing and/or communications at any time by contacting the SELLER through the specified communication channels. According to the explicit notification of the BUYER in this regard, personal data processing and / or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, except for those that are legally required to be preserved and / or possible, is deleted from the data recording system or anonymized in such a way that his identity cannot be determined. If the BUYER wishes, he/she can always apply to the SELLER and get information about the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the occurrence of a result against him/her by analyzing it with automatic systems, and compensation in case of damage due to unlawful processing of data. Such applications will be examined and the BUYER will be returned to the BUYER within the legal period within the periods stipulated in the legislation.

 

9.5. All intellectual-industrial rights and property rights belong to BMC GLOBAL DIS TICARET LTD. regarding all kinds of information and content belonging to the Website and their arrangement, revision and partial/complete use; except for those belonging to other third parties according to the agreement of the SELLER.

 

9.6. Other sites accessed from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes and negative consequences that may arise.

 

SELLER
BMC GLOBAL DIS TICARET LTD.

RECIPIENT