This Agreement regulates the rights and obligations of the parties regarding the sale-delivery to the BUYER of the following products/services (“Product/Products”) that the BUYER (Consumer) wants to purchase by placing an order on the https://www.focsel.com/ electronic commerce website (“WEBSITE”) belonging to the SELLER, including the cases where the BUYER (Consumer) makes transactions with the application on his/her mobile device, and other matters. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) he/she orders will be collected through the payment method he/she chooses.
Article 1: PARTIES
SALES PERSON :
Title :
MD Clothing and Textile Industry and Trade Ltd.
(Mersis No: 01013 0062 9870 0013)
Address :
Sanayi Mah. Sancaklı St. Gürbüz St. Selçuklu Business Center No: 8 Floor: 4 Güngören / İstanbul – Turkey
Telephone :
212 502 61 19
Fax:
212 677 71 24
Email:
info@focsel.com
Bank Account :
VakıfBank Bakırköy Branch (145)
Account Number: 00158007325466083
Tax Number:
6130062987
Central Registry Number:
01013 0062 9870 0013
Seller Representative (if any):
Full Address of Seller Representative (if any):
BUYER (CONSUMER):
Name, Surname / Title:
Address :
Telephone :
Email:
Article 2: CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY
The Type and Kind of Products (goods/services), Quantity, Brand/Model/Color, Unit Price(s) and Sales Price, Payment (collection) Information and Delivery Information including the delivery location notified by the BUYER are as stated below. If the cargo company that will make the delivery does not have a branch in the BUYER's location, the BUYER must collect the delivery from another close branch to be notified by the SELLER (The necessary information to the BUYER in this regard will be made by e-mail/mail, SMS or telephone). Other issues regarding delivery are specified in the following Article 7 of the Contract.
PRODUCT
UNIT PRICE (TL)
PIECE
TOTAL (TL)
Brand, Product, Color, Size etc.
_ TL _ TL
Used gift certificate / Money / total
TL Order processing and shipping-cargo fees TL
ORDER PAYMENT TOTAL (VAT Included)
TL
Payment (Collection) Information
Payment Method-Means: (Credit Card / Cash on Delivery or Credit Card Collection)
[Card Type Visa ….
Card Number….
Payment Credit Card …
Installment/Single Payment to Credit Card.
Total Amount … ]
Delivery Information:
Name, Surname / Title:
Address :
Telephone :
Email:
Billing Information :
Name, Surname / Title:
Address :
Telephone :
Email:
If the BUYER selects the delivery option from the Focsel Store that he/she selected during the order, the product will be delivered to the delivery point selected by the BUYER by the logistics company that will deliver to the Selected Focsel Store within 15 days at the latest. After the product is left at the delivery point, the BUYER will receive the product between 10.00-22.00 hours within 14 business days at the latest with the code sent to the phone number/e-mail address that he/she provided to the WEBSITE/sent during registration. If the BUYER does not receive the product within this period, the product will be considered to have been returned and the product price will be refunded to the credit card/bank account that he/she used to place the order. There is no delivery method from the Focsel Store in the option service. The BUYER can call the customer service number “ 212 502 61 19” free of charge to get information about his/her orders and convey his/her complaints and can send a written notification to the e-mail address “ info@focsel.com ”.
Article 3 - MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE
BUYER confirms and accepts that he/she has been informed about the following matters by seeing and examining all general and special explanations on the relevant pages-sections of the WEBSITE before the acceptance and establishment of this Agreement by the BUYER on the WEBSITE and before placing an order and assuming the payment obligation. – SELLER’s title and contact information and current introductory information, – The sales process stages during the purchase of the Product(s) from the WEBSITE and the appropriate tools-methods for the correction of incorrectly entered information, – The Professional Chamber of the SELLER is a member of (ITO-Istanbul Chamber of Commerce) and the electronic communication information where the code of conduct stipulated by ITO regarding the profession can be obtained (Phone: 4440486, www.ito.org.tr) – The privacy, data usage-processing and electronic communication rules applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of exercising the rights of the parties, – Shipping restrictions stipulated by the SELLER for the Products, – The payment methods-instruments accepted by the SELLER for the Product(s) subject to the contract and the basic features-qualifications of the Products, the total price including taxes (including the relevant expenses). (total amount to be paid by BUYER to SELLER), – Information on the procedures regarding the delivery of the Products to BUYER and the transportation-delivery-cargo expenses, – Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, commitments-responsibilities of the parties in these matters, – Products and other goods-services for which BUYER does not have the right of withdrawal, – Conditions, period and procedure for exercising this right in cases where BUYER has the right of withdrawal and the fact that BUYER will lose his right of withdrawal in case the right is not exercised in due time, – In Products for which there is a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, BUYER’s withdrawal request may not be accepted and BUYER will be liable to SELLER in any case, and in cases where SELLER accepts, it may collect an amount it deems appropriate according to the said damage or change as a deduction (set-off) from the refund to be made to BUYER, – In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial issues (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return), – In case the BUYER is a legal entity, the BUYER cannot use the “consumer rights”, primarily the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered as such in any case), – Depending on the nature of all other sales conditions included in this Agreement and this Agreement, after being approved and established by the BUYER on the WEBSITE, can be stored and accessed by the BUYER for the desired period since it is sent to the BUYER by e-mail, and the SELLER can keep it with it for a period of three years. – In case of dispute, the BUYER can submit his/her complaints to the SELLER through the contact information and make his/her legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
— The BUYER may call the customer service number “ 212 502 61 19 “ free of charge and send a written notice to the e-mail address “ info@focsel.com “ to obtain information regarding his/her order and to convey his/her complaints.
Article 4 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without giving any reason and without paying any penalty. However, by law, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/utilized: The BUYER can only deliver the product to be returned to the cargo companies contracted by the SELLER. The return and transportation fee of products delivered to the SELLER by any cargo company other than these cargo companies will not be accepted. Returns will definitely be made with the original box or packaging, and the return of products whose original box/packaging is damaged (for example; a cargo label has been pasted on the original box and/or a product has been taped with cargo tape, etc.), products that have lost their resalability and cannot be purchased by another customer will not be accepted. The BUYER shall deliver the product he/she wishes to return, together with the original delivery note and a petition stating the reason for return to the SELLER. If the BUYER wishes to cancel the order, he/she must make a cancellation request via e-mail address, phone number or “212 502 61 19” customer service number. Thereupon, the SELLER notifies the BUYER via e-mail that the cancellation has been made. It should be noted that if the product has not been shipped in the cancellation process, the entire fee will be refunded by the method used for the transaction, and if the product is shipped, the refund will be made to the BUYER after the shipping fee is deducted.
a) Goods prepared in line with the BUYER's special requests or personal needs (including those made specific to the person/personal needs by making changes or additions, special Products imported/procured from within the country or abroad based on the BUYER's order)
b) goods that can spoil quickly or whose expiration date may pass, such as cosmetics, chocolate, etc., and foodstuffs.
c) Goods such as cosmetics, swimsuits, underwear products, etc., whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable in terms of health and hygiene.
d) goods that are mixed with other products after delivery and cannot be separated by their nature.
e) All kinds of products with digital content such as books, CDs, DVDs, audio and video recordings, software, etc., and computer consumables whose protective elements such as packaging, tape, seal, package have been opened; vi) All services performed instantly in an electronic environment and all kinds of intangible goods delivered instantly to the consumer.
f) Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller/provider,
g) periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
h) Services for the evaluation of free time for the purposes of accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest, which must be carried out on a specific date or period.
i) Services that have started to be performed within the period of the right of withdrawal with the approval of the BUYER, and
j) Other goods and services generally accepted outside the scope of distance selling in accordance with the relevant legislation and cases where the BUYER purchases for commercial/professional purposes. In cases where the right of withdrawal is available, the BUYER is legally responsible for any changes or deteriorations that occur if the product is not used in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if there is a change or deterioration due to the Product not being used in accordance with its operation instructions, technical specifications and functionality until the withdrawal date, the BUYER may lose the right of withdrawal; in cases where it is accepted by the SELLER, a deduction will be made from the price of the Product to be returned in the amount of the change/deterioration. In cases where the right of withdrawal exists, it is sufficient for the BUYER to send a clear notification to the SELLER (verbally/in writing to the contact addresses specified above) regarding the use of the right of withdrawal within the legal period of 14 days. In case the said right is used within the period, the Product must be sent to the SELLER's address above, with the expenses belonging to the BUYER, within a maximum of ten (10) days. If a contracted cargo company is specified on the WEBSITE for product returns, the BUYER can send the Product from a branch within or outside the district where it is located, in which case no cost will be charged to the BUYER. In this return process, the Product must be delivered complete and undamaged together with its box, packaging, and standard accessories, if any. In addition, in cases where a Return Invoice must be issued by the BUYER according to tax legislation, the section regarding return specified below must be filled in and signed on the invoice to be returned with the Product. Returns of orders for which the invoice is issued in the name of institutions (legal entities) will not be accepted unless a Return Invoice is issued). “The address to which the Product will be returned is the SELLER’s address / the address of the cargo company to which it is delivered for return.” Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date the notice of withdrawal reaches the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER will be refunded to the BUYER in accordance with the payment method used when purchasing the Product. The BUYER's legal rights and responsibilities after the withdrawal period regarding the Products and the SELLER's rights and responsibilities including contractual and legal collection and offset rights from the BUYER, including those regarding reward points, are also available and valid. In cases where the performance of the goods/services becomes impossible; force majeure, impossibility of performance or extraordinary circumstances preventing delivery, the Seller shall notify the Consumer within 3 (three) days from the date of learning about the situation. In such a case, the Seller shall refund all payments collected, including delivery costs, to the Consumer within 14 (fourteen) days from the date of notification.
ARTICLE 5 – SPECIAL CONDITIONS TO BE APPLIED IN CASES WHERE THE BUYER EARNS REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE CONTRACT AND/OR USES REWARD POINTS AND MAKE PAYMENTS TO THE SELLER
5.1. In the presence of a current agreement-contract between the BUYER and the SELLER with an organization that grants reward points etc., which allows reward points to provide discounts etc. in purchases from the SELLER's WEBSITE, if the BUYER has earned such reward points due to the shopping subject to this Agreement as a requirement of the said agreement of the SELLER and its own contract with the said organization, in cases where this Agreement is withdrawn or otherwise terminated/order canceled and a refund is made to the BUYER, the amount (monetary value) of the reward points, gifts and similar earned by the BUYER through the purchase subject to this Agreement shall be taken back from the BUYER. As follows; This return process is carried out by deducting (offsetting) the amount to be returned to the BUYER by the SELLER from the said institution-system, if the BUYER has sufficient other award points (excluding the award points earned through the shopping subject to this Agreement) or by deducting it from the amount to be returned to the BUYER by the SELLER.
5.2. If the BUYER has made the payment to the SELLER partially/fully with reward points etc. during the Product purchase subject to this Agreement, and in cases where the Product purchased in this manner is to be returned in a way that the Product price will be refunded to the BUYER in accordance with the relevant provisions of this Agreement, the reward points and similar that the BUYER used with the SELLER while purchasing the Product on the WEBSITE may be returned to the BUYER (again as points) unless the SELLER has a different agreement with the relevant institution.
5.3. As a general rule, in cases where any unfair earning or use of reward points is detected by the BUYER, the monetary value-amount of the said reward points can be collected from the BUYER by the SELLER (via credit card, cash or other legal methods). This provision also applies to the price of the goods given as a gift by the SELLER to the BUYER as a result of the application of such a system.
5.4. The acquisition and use of reward points and similar transactions and other related issues are subject to the provisions of the agreements-contracts between the relevant institution and the BUYER and the SELLER, and in relevant cases, the SELLER may use all rights-authorities specified herein and in the aforementioned agreements-contracts with the BUYER and the institution, and may also carry out the relevant transactions on behalf of and/or on behalf of the specified institution and/or other workplaces in the same system.
5.5. Cash requests in return for reward points, gift vouchers, etc. earned from or used by the SELLER will not be accepted under any circumstances.
5.6. SELLER accepts no liability for disputes between BUYER and the above-mentioned organizations and any material, legal, financial and non-financial consequences thereof; the above provisions are valid and reserved.
5.7. The above provisions shall also apply analogously to the earning and use of reward points, if any, obtained by the Consumer directly from the SELLER. All consumers who earn reward points from the WEBSITE/SELLER or use their reward points etc. in their payments to the SELLER, and thus the BUYER, shall (also) accept the above special conditions.
ARTICLE 6 – RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The following privacy rules-policy and conditions, the current principles of which are specified below, apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other issues. 6.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, in order to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER. 6.2. The information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period of time to be determined by the SELLER, Focsel within the group companies it is a part of, for all kinds of information, advertisement-promotion, promotion, sales, marketing, store card, credit card and membership applications with the specified ones and their successors. These data may also be forwarded to the relevant Authorities and Courts in cases where it is required by law. The BUYER consents and allows the use, sharing, processing of its current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope above and for commercial and non-commercial electronic communications and other communications to be made to it. 6.3. The BUYER may reach the SELLER through the specified communication channels and stop the data usage-processing and/or communications at any time. According to the BUYER's clear notification in this regard, personal data transactions and/or communications to the party will be stopped within the legal maximum period; also, if it wishes, its information other than those that are legally required to be preserved and/or possible will be deleted from the data recording system or anonymized in a way that its identity will not be revealed. If it wishes, the BUYER may always apply to the SELLER through the above communication channels and receive information on matters such as transactions regarding the processing of its personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against it by analysis with automatic systems, compensation in case of damages due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal justification to the party. 6.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/full use; excluding those belonging to other third parties according to the agreement of the SELLER; All intellectual and industrial rights and property rights belong to the SELLER. 6.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes shall become valid from the moment they are announced by the SELLER on the WEBSITE or other appropriate methods. 6.6. The privacy-security policies and terms of use of other sites accessed from the WEBSITE shall apply to them, and the SELLER shall not be responsible for any disputes or negative consequences that may arise.
Article 7 - GENERAL PROVISIONS
7.1. The Product subject to the contract shall be delivered to the BUYER or the third person/organization at the address indicated on the WEBSITE in accordance with the principles specified below and in Article 2 of this Contract, provided that the legal 15-day period is not exceeded. The SELLER sends and delivers the Products through a contracted cargo company for its shipments. If this cargo company does not have a branch in the BUYER's location, the BUYER must pick up the Product from another branch of the cargo company notified by the SELLER. Products in stock shall be delivered to the cargo company within three (3) business days at the latest from the date of order. However, if there are campaign Products in the same order, the campaign shall end and then, within three (3) business days at the latest, all Products subject to the order shall be given to the cargo company to be delivered to the person and address notified by the CONSUMER during the order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, although this varies depending on the distance.
7.2 In general, and unless otherwise expressly stated, delivery costs (shipping costs etc.) are the responsibility of the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER depending on the campaigns it runs at the time of sale and the terms of which are announced on the WEBSITE.
7.3. If the BUYER is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the BUYER's responsibility to contact the cargo company and follow up on the shipment of the products. If the product is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible for the person/institution to be delivered not being present at the address or not accepting the delivery. In such cases, all kinds of damages arising from the BUYER's late receipt of the Product and the expenses incurred due to the Product waiting at the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
7.4. The BUYER is responsible for checking the Product upon receipt and, if he/she sees a problem with the Product caused by the cargo, not accepting the Product and having a report drawn up by the cargo company officer. Otherwise, the SELLER will not accept any responsibility.
7.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. In cash sales, if the Product price is not paid in full to the SELLER before delivery, or if the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the contract and not deliver the Product. If, for any reason after the Product delivery, the Bank/financial institution to which the credit card used in the transaction belongs does not pay the Product price to the SELLER or demands the refund of the amount paid, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the Product price is due to a fault or negligence of the BUYER, the shipping costs shall be covered by the BUYER. All other contractual-legal rights of the SELLER, including the right to pursue the receivable price of the Product without accepting the return, are reserved separately and in any case. In order not to cause any hesitation; In cases where the BUYER pays the sales price with a credit card, installment card, etc. from banks (including financial institutions), all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; Product sales realized within this framework and for which the SELLER collects the price in a lump sum or in stages are not credit or installment sales for the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases legally considered as installment sales (including the right to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of default by the BUYER, a default interest shall be applied at a monthly rate as stipulated by the laws in force.
7.6. If the Product cannot be delivered within the legal maximum period of 15 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the extraordinary situation ends.
7.7. If the SELLER understands that it cannot supply the Product subject to the Contract, it may supply another good/service of equal quality and price, provided that it clearly informs the BUYER within three (3) days from the date it learns of this situation in a legally compliant manner and obtains its verbal/written approval, and is deemed to have fulfilled its commitment subject to the Contract. The BUYER has the right to decide whether to give such approval or not.
The customer is free in all respects and in cases where he/she does not give his/her consent, the contractual-legal provisions regarding order cancellation (termination of the contract) shall apply.
7.8. In case of order cancellations including withdrawals in accordance with the contract and law and in case of termination of the contract, if the Product price has been collected, it shall be returned to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The return shall be made in accordance with the payment instrument used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the return transaction shall be made by returning it to the BUYER's credit card and the Product amount shall be returned to the relevant bank within the same period after the order is cancelled by the BUYER; since the reflection of this amount to the BUYER's accounts after the return transaction is made by the SELLER to the bank is completely related to the bank transaction process, the BUYER accepts in advance that the SELLER will not be able to intervene and assume any responsibility for possible delays (the process of banks reflecting the return to the BUYER's account can generally take up to three weeks). The SELLER has and reserves the rights of offset, discount and deduction arising from this Contract and the law for the amount to be returned. The BUYER's legal rights are also reserved and available in cases where the Contract is terminated by the BUYER due to the SELLER's failure to fulfill its obligations.
7.9. BUYER may notify SELLER of his/her requests and complaints regarding the Product and sales, verbally or in writing, by reaching SELLER through the communication channels in the introduction section of the Contract.
7.10. Some of the matters written in Article 3 above may not be included in this Agreement due to their nature; however, they are included in the Preliminary Information viewed/approved by the BUYER on the WEBSITE, as well as in the sales stages or general information pages/sections of the WEBSITE, depending on the interest.
7.11. The BUYER can access and review the said Information and this Agreement at any time by saving and storing the said e-mail on his device, as they are sent to the e-mail address he provided after acceptance. On the other hand, they are kept in the systems of the SELLER for a period of three years.
7.12. In resolving any dispute that may arise from this Agreement and/or its implementation, SELLER records (including records in magnetic media such as computer-voice recordings) shall constitute evidence; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
Article 8 - BUYER'S LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES
In case of disputes arising from this Agreement, the Ministry of Customs and Trade shall determine and announce the disputes annually as required by law.
Within the monetary limits determined, Provincial and District Consumer Arbitration Committees are authorized and Consumer Courts are authorized in cases exceeding these limits. Within this framework, BUYER may apply to Arbitration Committees and Consumer Courts in his/her own or, if he/she wishes, SELLER's place of residence. BUYER accepts and declares that he/she has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information (on the WEBSITE) which constitute an integral part, that he/she has prior knowledge of all the issues written in Article 3 of this Agreement including the basic features-qualifications of the Product/Products subject to sale, sales price, payment method, delivery conditions, all other preliminary information-informations regarding the SELLER and the Product subject to sale and the right of withdrawal and personal information-electronic communication and reward points conditions, that he/she has seen all of them electronically on the WEBSITE and that he/she has accepted the provisions of this Agreement by ordering the Product by confirming-approving-accepting-permitting all of these electronically. Both the preliminary information in question and this Agreement are sent to the above e-mail address provided by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the said e-mail together with the order summary.
Mersis No: 01013 0062 9870 0013
No products in the cart.