This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the products/services ("Product/Products") specified below, which the BUYER (Consumer) wishes to purchase by placing an order on the electronic commerce website ("WEBSITE") owned by the SELLER, including transactions made through the application on the mobile device. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered are collected through the chosen payment method.
Article 1: PARTIES
SELLER:
Title: NINETYS DESIGN GRAPHIC TEXTILE FOOD INDUSTRY TRADE LIMITED COMPANY (MERSIS No: 0631171150100001)
Email: crave@ninetysdesign.com
Bank Account: Ziraat Bankası Cevizli Branch (851) Account No: 97590380-5001
Tax No: 6311711501
MERSIS No: 0631171150100001
Seller Representative (if any):
Seller Representative's Address (if any):
BUYER (CONSUMER):
Name, Surname / Title:
Address:
Phone:
Email:
Article 2: SUBJECT OF THE AGREEMENT, PRODUCT, PRICE, PAYMENT, AND DELIVERY
The Type and Kind of Products (goods/services), Quantity, Brand/Model/Color, Unit Price(s), and Sales Price, along with Payment (collection) Information, and Delivery Information, including the delivery location provided by the BUYER, are as follows. If the courier company does not have a branch in the location of the BUYER, the BUYER must pick up the delivery from another nearby branch to be notified by the SELLER (The necessary information will be communicated to the BUYER via email/mail, SMS, or phone). Other matters related to delivery are specified in Article 7 of the Agreement below.
Used gift voucher / Monetary value / Total | ___ TL
Order processing and shipping charges | ___ TL
ORDER PAYMENT TOTAL (Including VAT) | _____ TL
Payment (Collection) Information
Payment Method - Tool: (Credit Card / Cash on Delivery with Credit Card or Cash Collection)
[Card Type: Visa ....
Card Number ....
Payment Credit Card ...
Number of Installments/Single Payment ...
Total Amount ...]
Delivery Information:
Name, Surname / Title:
Address:
Phone:
Email:
Invoice Information:
Name, Surname / Title:
Address:
Phone:
Email:
If the BUYER chooses the delivery option with the delivery method to the address selected during the order, the product will be delivered to the delivery point chosen by the BUYER 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 within 14 business days with the code sent to the phone number/email address provided/registered on the WEBSITE by the BUYER. If the BUYER does not receive the product within this period, it will be considered that the BUYER has returned the product, and the product price will be refunded to the credit card/bank account used for the order. The BUYER can contact "destek@ninetysdesign.com" for information about their orders and to submit complaints.
Article 3: INFORMATION PROVIDED TO THE BUYER BEFOREHAND
The BUYER acknowledges, by accepting this Agreement on the WEBSITE, that he/she has been informed by reviewing and examining all general-specific explanations on the relevant pages-sections of the WEBSITE before the establishment of this Agreement by the BUYER and before placing an order or undertaking payment obligations.
3.1. The SELLER's title and contact information along with up-to-date identifying information,
3.2. Appropriate tools-methods for correcting incorrectly entered information during the purchase process of the Product(s) from the WEBSITE,
3.3. Information on the Professional Chamber (Istanbul Chamber of Commerce - ITO) to which the SELLER belongs and the electronic communication information where information on professional behavior rules prescribed by ITO can be obtained (Phone: 4440486, www.ito.org.tr)
3.4. Privacy, data usage-processing for the SELLER's information policy, electronic communication rules for the BUYER, permissions given by the BUYER to the SELLER in this regard, legal rights of the BUYER, rights of the SELLER, and procedures for the use of these rights,
3.5. Shipping restrictions applied by the SELLER for the Products,
3.6. Payment methods-tools accepted by the SELLER for the contract subject Product(s) along with the essential features-qualities of the Products, total price including taxes (including relevant expenses, the total amount to be paid by the BUYER to the SELLER),
3.7. Information about delivery methods, shipping-delivery-cargo expenses related to the delivery of the Products to the BUYER,
3.8. Other payment/collection and delivery information related to the Products, information about the performance of the Agreement, commitments-responsibilities of the parties in these matters,
3.9. Products for which the BUYER does not have the right of withdrawal and other goods-services,
3.10. Conditions, duration, and procedure for using the right of withdrawal by the BUYER in cases where the right of withdrawal exists, and the BUYER will lose the right of withdrawal if not used within the specified period,
3.11. In cases where the right of withdrawal is applicable to the products, the BUYER may lose the right of withdrawal if the product is not used in accordance with the usage instructions, normal operation, or technical specifications within the withdrawal period. In such cases, the SELLER may deduct an amount deemed appropriate by the SELLER from the refund to the BUYER based on the defect or change accepted by the SELLER,
3.12. How the BUYER can return the products to the SELLER in cases where the right of withdrawal exists and all relevant financial matters (return methods, expenses, and refund of the product price, including discounts and offsets that can be applied for earned/used reward points by the BUYER during the return),
3.13. If the BUYER is a legal entity, the BUYER cannot use "consumer rights," including the right of withdrawal, for products purchased for commercial or professional purposes (for example, bulk purchases are always considered to have this nature),
3.14. Other terms and conditions of sale included in this Agreement according to its nature, and since this Agreement is established by the BUYER's approval on the WEBSITE, it is sent to the BUYER by e-mail after its establishment and can be stored for the desired period by the BUYER and accessed from there. The SELLER can also keep it for up to three years,
3.15. Communication information to which the BUYER can submit complaints to the SELLER in case of disputes and legal applications that the BUYER can make to District/City Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502,
3.16. The BUYER can submit written notifications for information about their orders and complaints to "destek@ninetysdesign.com."
Article 4: RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this agreement without specifying any reason and without paying any penalty within fourteen (14) days from the date of receiving the product. However, according to the law, there is no right of withdrawal for contracts related to the following goods/services, even if they are unused/unutilized. The BUYER can only deliver the product to the courier companies affiliated with the SELLER for the return. Returns of products delivered to the SELLER with any courier company other than these courier companies are not accepted, and transportation costs are not reimbursed. Returns must be made with the original box or packaging, and products with a damaged original box or packaging (e.g., a shipping label attached to the original box and/or a product taped with courier tape, etc.) that have lost their resaleability will not be accepted for return. The BUYER must send the product to the SELLER along with the original delivery note and a letter explaining the reason for the return. If the BUYER wishes to cancel the order, they must request cancellation via email. After that, the SELLER notifies the BUYER of the cancellation via email. It should be noted that if the product has not been shipped, the entire amount will be refunded using the method of the transaction. If the product has been shipped, the refund to the BUYER will be made by deducting the shipping cost.
4.1. Goods prepared according to the BUYER's special requests or personal needs (including those made special for the BUYER by making changes or additions, specially imported/supplied products based on the BUYER's order)
4.2. Goods that may quickly deteriorate or expire, such as cosmetics, chocolate, and other food items with a limited shelf life 4.3. Goods such as cosmetics, swimwear, underwear, etc., that have been opened, with protective elements such as packaging, tape, seal, and package removed, and are not suitable for return for health-hygiene reasons after delivery
4.4. Goods that have mixed with other products after delivery and cannot be separated due to their nature 4.5. Digital content such as books, CDs, DVDs, audio and video recordings, software, etc., with protective elements such as packaging, tape, seal, and package opened; all kinds of digital content instantly delivered to the consumer and non-material goods 4.6. Goods or services whose prices fluctuate due to fluctuations in financial markets and are not under the control of the seller/provider, 4.7. Periodicals such as newspapers and magazines, except those provided under subscription agreements 4.8. Services for the utilization of leisure time, such as accommodation, goods transportation, car rental, and the supply of food and beverages, entertainment, or relaxation purposes, to be performed on a specific date or period 4.9. Services initiated with the consent of the BUYER within the right of withdrawal period and 4.10. Other goods-services accepted outside the scope of distance selling according to the relevant legislation, and cases where the BUYER makes purchases for commercial/professional purposes. In cases where the right of withdrawal is possible, the BUYER is legally responsible for any changes or deterioration that may occur if the product is not used in accordance with the usage instructions, technical specifications, and operation until the withdrawal date. Therefore, if there is a change or deterioration due to the fact that the product has not been used in accordance with the usage instructions, technical specifications, and operation until the withdrawal date, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a discount will be made from the refund amount according to the change/deterioration. In cases where the right of withdrawal is possible, it is sufficient for the BUYER to send a clear notification to the SELLER within the legal 14-day period that the BUYER has used the right of withdrawal (verbally/written to the contact addresses specified above). In case the product is returned within the legal 14-day period, the BUYER is obliged to send the product to the address of the SELLER mentioned above within a maximum of ten (10) days, with the expenses being covered by the BUYER. If the WEBSITE specifies a courier company for product returns, the BUYER can send the product from a branch within their district or neighborhood, and in this case, no cost will be charged to the BUYER. In addition, in accordance with tax legislation, in cases where an invoice must be issued by the BUYER (legal entities), the section related to the return on the invoice, as well as the following information, will be completed and signed on the invoice that will be returned with the product: "Address where the product will be returned, SELLER's address/courier company address for return." Subject to the fulfillment of the above requirements by the BUYER, within 14 days from the date the withdrawal notice reaches the SELLER, the product price and, if any, the delivery costs of the product to the BUYER are refunded to the BUYER in a manner appropriate to the payment method used by the BUYER during the purchase. The rights and responsibilities of the BUYER after the withdrawal period, including the contractual and legal collection-offset rights, are also valid and applicable, including the points related to the earned/used reward points by the BUYER. In cases where the performance of the goods/services becomes impossible for the SELLER; in force majeure, impossibility of performance, or extraordinary situations preventing delivery; the SELLER notifies the Consumer within 3 (three) days from the date of learning about the situation. In this case, the SELLER refunds all payments received, including delivery costs, to the Consumer within 14 (fourteen) days from the date of notification to the Consumer, at the latest.
ARTICLE 5: SPECIAL CONDITIONS APPLYING WHEN THE BUYER EARNED REWARD POINTS WHILE PURCHASING THE SUBJECT OF THE CONTRACT OR MADE PAYMENTS TO THE SELLER USING REWARD POINTS
5.1. In cases where there is a current agreement/contract between a reward point-awarding organization and the BUYER and the SELLER, allowing the redemption of reward points for discounts, etc., in purchases from the SELLER's WEBSITE, if the BUYER has earned reward points as a result of such a purchase under this Agreement, the amount (monetary value) of such reward points, gifts, and the like is deducted from the refund to the BUYER in case of cancellation or termination of this Agreement by the BUYER and other forms of order cancellation. Specifically, unless a different method is stipulated in the agreement between the SELLER and the relevant organization, this deduction is made by first deducting from other reward points (excluding the reward points earned through this purchase) if the BUYER has sufficient points in the organization/system.
5.2. If the BUYER has partially/completely paid the SELLER using reward points or similar means in the purchase of the PRODUCT under this Agreement, in cases where the refund of the PRODUCT price to the BUYER is possible according to the relevant provisions of this Agreement, the reward points and the like used by the BUYER with the SELLER when purchasing the PRODUCT can be refunded to the BUYER (in the form of points) unless the SELLER has a different agreement with the relevant organization.
5.3. In cases where any unjust gain or use of reward points is detected by the BUYER in any way, the general rule is that the monetary value of these reward points can be collected by the SELLER from the BUYER (via credit card, in cash, and other legal methods). This provision is also valid for the amount paid by the SELLER to the BUYER for gifts given by the SELLER as a result of the application of such a system.
5.4. The procedures for earning and using reward points and the like are subject to the terms of the agreements/contracts between the relevant organization and the BUYER and the SELLER, and in relevant cases, the SELLER may use all specified rights-authorities both here and in the aforementioned agreements-contracts with the BUYER and the organization, and may carry out the relevant transactions on behalf of and/or on the account of other businesses in the same system.
5.5. Requests for cash in exchange for reward points earned from or used with the SELLER are not accepted under any circumstances.
5.6. The SELLER does not accept any responsibility for disputes between the BUYER and the aforementioned organizations or for any material, legal, financial, or non-financial consequences of such disputes; the above provisions are valid and reserved.
5.7. The above provisions are also applied by analogy in cases where the Consumer earns and uses reward points directly from the SELLER. All consumers who earn reward points from the WEBSITE/SELLER or use reward points for payments to the SELLER hereby accept these special conditions as well.
ARTICLE 6: RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
6.1. The current privacy rules-policy and terms specified below apply to the protection, confidentiality, processing-use of information, and communications, as well as other matters on the WEBSITE.
6.2. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken on the SELLER's system infrastructure, considering today's technical possibilities according to the nature of the information and transaction. However, since this information is entered by the BUYER's device, the responsibility for protecting them from unauthorized access, including viruses and similar harmful applications, lies with the BUYER.
6.3. The information acquired during the BUYER's membership on the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated if necessary, shared, transferred, processed, and used in various ways for all kinds of information, advertising-promotion, sales, marketing, store card, credit card, and membership applications by the SELLER, its affiliated companies, and their successors for an indefinite period or for the period they foresee, for electronic and other commercial-social communications to be made. In addition, these data may be shared with relevant authorities and courts when required by law. The BUYER has consented and given permission for the use, sharing, processing of their existing and new personal and non-personal information in accordance with data protection legislation and electronic commerce legislation.
6.4. The BUYER can always stop data usage-processing and/or communications 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 are stopped within the legal maximum period; moreover, unless required by law or possible, information other than those legally required to be retained may be deleted from the data recording system or anonymized so that it cannot be identified. If the BUYER wishes, they can apply to the SELLER at any time through the above communication channels and obtain information regarding personal data processing procedures, the people to whom they are transferred, correction of incorrect or incomplete information, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a negative result due to the processing of data through automatic systems, and compensation for damages in case of damage due to the processing of data unlawfully. Requests and applications regarding these matters will be fulfilled within the legal maximum periods or may not be accepted by being disclosed to the relevant party with legal justification.
6.5. All intellectual and industrial property rights and ownership rights related to any information and content on the WEBSITE, as well as their arrangement, revision, and partial/full use, belong to the SELLER, except for those owned by third parties according to the agreement of the SELLER.
6.6. The SELLER reserves the right to make any changes it deems necessary in the above-mentioned matters; these changes become effective from the moment they are announced by the SELLER on the WEBSITE or through other appropriate methods.
6.7. Regarding any information and content on other sites accessible from the WEBSITE, the privacy-security policies and terms of use belonging to them apply; the SELLER is not responsible for any disputes or negative consequences that may arise from them.
MADDE 7: GENERAL PROVISIONS
7.1. The Product subject to the contract is delivered to the BUYER or the third party/organization at the address indicated on the WEBSITE within the legal 15-day period, provided that it does not exceed the specified conditions in Article 2 of this Agreement. The SELLER sends and delivers the Products through a contracted cargo company. If the cargo company does not have a branch in the location of the BUYER, the BUYER must receive the Product from another nearby branch of the cargo company, as notified by the SELLER. Products that are in stock are delivered to the cargo within a maximum of three (3) business days from the order date. However, if there are promotional Products in the same order, the delivery of all Products subject to the order is made to the address and person specified by the CONSUMER within 3 (three) business days after the end of the campaign. Cargo companies, on average, deliver the shipments they receive from the SELLER to the BUYER within 3 (three) business days under normal conditions, depending on the distances.
7.2. Unless explicitly stated otherwise and generally, delivery costs (such as shipping fees, etc.) are borne by the BUYER. Depending on the campaigns that the SELLER carries out during the sale and declares on the WEBSITE, the SELLER may not reflect all or part of these delivery costs to the BUYER.
7.3. During the BUYER's membership on the WEBSITE and their shopping, the information obtained is recorded by the SELLER, its affiliated companies, and their successors for an indefinite period or for the period they foresee, and can be stored in printed/magnetic archives, updated when necessary, shared, transferred, processed, and used for electronic and other commercial-social communications for all kinds of information, advertising-promotion, sales, marketing, store card, credit card, and membership applications, within the scope mentioned here and their successors in the relevant information. These data may also be shared with relevant authorities and courts when required by law. The BUYER has consented and given permission for the use, sharing, processing of their existing and new personal and non-personal information in accordance with data protection legislation and electronic commerce legislation.
7.4. The BUYER is responsible for checking the Product at the time of delivery and, if there is a problem due to the cargo, not accepting the Product and preparing a report to the cargo company. Otherwise, the SELLER will not be responsible.
7.5. Unless explicitly stated otherwise by the SELLER, the BUYER must have fully paid the price of the Product before receiving it. In the case of cash sales, if the full price of the Product is not paid to the SELLER before delivery, or if the due installment amount in installment sales is not paid, the SELLER may unilaterally cancel the contract and may not deliver the Product. In case of non-payment of the purchase price after the Product is delivered, the SELLER may request the return of the Product from the BUYER. If there is a problem with the payment of the Product due to the BUYER's credit card or other payment methods, the BUYER will be responsible for the shipping costs. The SELLER's legal and contractual rights, including but not limited to pursuing the payment of the Product price without accepting the return, are reserved.
7.6. In case the delivery of the Product within the legal maximum 15-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, etc.) is not possible, the SELLER informs the BUYER about the situation. In this case, the BUYER can cancel the order, place an order for a similar Product, or wait until the end of the extraordinary situation.
7.7. If the SELLER realizes that it cannot supply the Product, it can supply another good/service of equal quality-price, notify the BUYER in writing within 3 (three) days from the date of realization of this situation, and obtain their written or verbal approval. The BUYER is free to give or not give this approval, and in cases where approval is not given, the contractual-legal provisions regarding order cancellation apply.
7.8. In cancellations made in accordance with the contract-law, including legal returns, if the price of the Product has been collected, it will be refunded to the BUYER within a maximum of 14 days. The requirements of the rule below are reserved. The refund is made to the payment method used by the BUYER for the payment of the Product price. For example, in the case of payments by credit card, the refund transaction is also made to the BUYER's credit card, and the amount of the Product is refunded to the relevant bank after the cancellation of the order by the BUYER; since the reflection of this amount into the accounts of the BUYER is entirely related to the bank transaction process, the BUYER acknowledges in advance that the SELLER cannot intervene and take responsibility in any way for possible delays (bank processes for reflecting the refund to the BUYER's account generally may take up to three weeks). The SELLER's legal rights regarding the offset, discount, and deductions from the refund, arising from this Agreement and the law, are reserved.
7.9. The BUYER can notify the SELLER of their requests and complaints regarding the Product and the sale by contacting the SELLER through the communication channels specified in the introduction section of the Agreement, in oral or written form.
7.10. Some of the issues stated in Article 3 above may not be included in this Agreement in terms of their nature; however, they are included in the Pre-Informations seen/approved by the BUYER on the WEBSITE, as well as in the information pages/sections of the WEBSITE (according to the relevant sales stages or general) information pages/sections.
7.11. The BUYER can always access and review the pre-information and this Agreement by saving and storing the e-mail (mail) sent to their notified e-mail address after acceptance. On the other hand, they are kept in the SELLER's systems for three years.
7.12. The records of the SELLER constitute evidence in the resolution of any kind of dispute that may arise from or in the implementation of this Agreement; the parties' legal rights arising from relevant mandatory legal regulations are valid and reserved.
MADDE 8: LEGAL RECOURSE OF THE BUYER - AUTHORIZED JUDICIAL AUTHORITIES
In case of disputes arising from this Agreement, Consumer Arbitration Committees in the province and district, within the monetary limits determined and announced annually by the Ministry of Customs and Trade, are authorized and responsible. In cases exceeding these limits, Consumer Courts have jurisdiction. In this context, the BUYER can apply to Arbitration Committees and Consumer Courts in their place of residence or, if desired, to those in the SELLER's place of residence. The BUYER acknowledges and declares that they have read all the conditions and explanations written in this Agreement and the pre-information of the order-contract (on the WEBSITE), which constitutes an integral part of it, that they are informed in advance about all the essential characteristics and qualities of the product/products subject to the sale, the sales price, payment method, delivery conditions, all other pre-information-information about the SELLER and the product subject to the sale, the right of withdrawal, and the conditions of personal information-electronic communication and reward points, and that they have seen all of them in electronic form on the WEBSITE and confirmed-accepted-approved-authorized the order through electronic means, accepting the provisions of this Agreement. Both the aforementioned pre-information and this Agreement are sent to the BUYER's above-mentioned e-mail address, and confirmation of the receipt of the order is included separately in the order summary in the same electronic mail.
Mersis No: 0631171150100001