Terms of service
ARTICLE 1 – PARTIES TO THE AGREEMENT
SELLER: PANİZ VATANDOUSTALAMDARİ
Address: KEMANKEŞ KARAMUSTAFAPAŞA MAH. KEMANKEŞ CAD. NO:40 İÇ KAPI NO:109 BEYOĞLU/İSTANBUL
Tax Office: Beyoğlu Tax Office
Tax ID No: 9240684104
Telephone: 05321398727
E-mail: info@panizsima.com
BUYER: ………
Name/Surname:
TR ID No:
Date of Birth:
Commercial Title (if any): ......
Address:
Tax Office (if any):
Tax ID No:
Telephone: ......
E-mail: .....
ARTICLE 2 – SUBJECT OF THE AGREEMENT
2.1. This Agreement sets out the rights and obligations of the Parties pursuant to the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Sales Agreements, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically via the SELLER’s website.
2.2. The BUYER hereby accepts and declares that, in the electronic environment, the BUYER has been clearly informed by the SELLER of the SELLER’s name, trade title, full address, telephone and other contact information, the basic characteristics of the products subject to sale, the sales price including all applicable taxes, the method of payment, delivery terms and costs, all preliminary information regarding the product subject to sale, the exercise of the “Right of Withdrawal,” and the official authorities to which complaints and objections may be submitted; and that the BUYER has confirmed such preliminary information and then placed the order for the products.
2.3. The preliminary information available on the website http://www.panizsima.com and the invoice issued for the order placed by the BUYER form integral parts of this Agreement.
ARTICLE 3 – CONTRACT PRODUCT
3.1. The type, nature, quantity, brand/model, sales price, method of payment, recipient, delivery address, invoice details, shipping cost, etc. of the contract product purchased electronically are as follows.
3.2. The person in whose name the invoice is issued and the person placing the order must be the same. The information below must be true, complete and accurate. The BUYER accepts, declares and undertakes to bear any and all responsibility arising from the provision of incorrect or incomplete information.
3.3. The SELLER reserves the right to suspend the order when deemed necessary and/or where the information provided by the BUYER is factually inaccurate. If the SELLER detects any problem with the order or is unable to contact the BUYER using the telephone number, e-mail address or mailing address provided by the BUYER, the SELLER shall have the right to suspend the processing of the order for 15 (fifteen) days. During this period, the BUYER is expected to contact the SELLER and confirm the order. If the BUYER does not respond within this period, the SELLER shall be entitled to unilaterally terminate or cancel the order.
Purchased Product / Products:
Name, Code: … pcs
Total Sales Price: …. - TRY
Method of Payment: Credit Card / Bank Transfer (EFT)
Recipient:
Telephone Number:
Delivery Address:
Invoice Person/Entity:
Invoice Address:
Tax Office:
Tax Identification Number:
Shipping Cost: … - TRY
E-mail: …..
ARTICLE 4 – RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The SELLER accepts and declares that, except in cases of force majeure, it will fulfill its contractual obligations in accordance with Law No. 4077 on the Protection of Consumers and the Regulation on Distance Sales Agreements.
4.2. The product subject to this Agreement shall be delivered to the BUYER or to the person/entity designated by the BUYER within 30 (thirty) days. This period may be extended by a maximum of 10 days, provided that prior written notice is given.
4.3. The SELLER is obliged to deliver the contract product in full, in good condition, in conformity with the specifications declared at the time of order, and together with the warranty certificate and user manual, if any.
4.4. If it is determined that the contract product cannot be supplied and/or if inventory problems are encountered, the BUYER shall be clearly and explicitly informed, and another product of equal quality and price may be sent to the BUYER, or the BUYER may wait for the product to be restocked, or the order may be cancelled in line with the BUYER’s decision.
4.5. In cases where it becomes impossible for the SELLER to fulfill its obligation to deliver the contract product, the BUYER shall be informed immediately, and the total amount paid by the BUYER and any related payment documents shall be returned to the BUYER and the Agreement shall be terminated within a maximum of 10 (ten) days. In such a case, the BUYER may not claim any additional pecuniary or non-pecuniary damages from the SELLER.
4.6. Persons under the age of 18 (eighteen) are not permitted to shop via the panizsima.com website. The SELLER will rely on the age declared by the BUYER in the Agreement. However, the BUYER shall be fully responsible for any misrepresentation regarding his/her age, and the SELLER shall not be held liable in this respect.
4.7. The SELLER shall not be held responsible for typographical errors and/or price errors arising from system failures, or for typographical and/or price errors resulting from unauthorized or unlawful interventions in the system. The BUYER accepts, declares and undertakes not to assert any claims or rights against the SELLER based on such errors.
ARTICLE 5 – RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The BUYER accepts and declares that, except in cases of force majeure, the BUYER will fully perform its obligations under this Agreement.
5.2. By placing an order, the BUYER accepts, declares and undertakes that the BUYER has accepted and confirmed the provisions of this Agreement and will make payment in accordance with the method of payment specified herein.
5.3. Delivery of the contract product is subject to payment of the product price by the BUYER using the chosen method of payment. If, for any reason, the product price is not paid or the payment is cancelled in the bank records, the SELLER shall be released from the obligation to deliver the product.
5.4. If, after delivery of the product, the relevant bank or financial institution fails to pay the product price to the SELLER due to unauthorized use of the BUYER’s credit card by third parties or for any other reason, the BUYER shall be obliged to return the product, if delivered, to the SELLER within 10 (ten) days. In such a case, the shipping costs shall be borne by the BUYER.
5.5. If the contract product is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held responsible if such recipient refuses to accept the delivery and/or fails to deliver the contract product to the BUYER. In such a case, all responsibility shall rest with the BUYER.
5.6. The BUYER shall inspect the contract product prior to accepting delivery and shall not accept crushed, broken, damaged or defective products, or products with damaged packaging, from the shipping company. If the BUYER accepts and receives the contract product from the carrier, the BUYER is deemed to have accepted that the product is in good condition and free from damage. The BUYER shall be solely responsible for the proper safekeeping of the product after delivery.
5.7. In cases where the BUYER is aware, or is expected to be aware, of defects on the date of signing this Agreement and/or on the date of delivery, the BUYER may not assert any rights against the SELLER based on non-conformity with the Agreement. The BUYER’s rights of choice arising from the Law on the Protection of Consumers are reserved with respect to other defects and hidden defects.
5.8. If the BUYER wishes to return the purchased product, the BUYER accepts, declares and undertakes not to damage the product or its packaging and to return the original invoice and delivery note during the return process.
5.9. The BUYER hereby accepts and declares that the BUYER has been clearly informed via the http://www.panizsima.com website, in the electronic environment, of the SELLER’s name, trade title, full address, telephone and other contact information, the basic characteristics of the products subject to sale, the sales price including all applicable taxes, the method of payment, delivery terms and costs, all preliminary information regarding the product subject to sale, the exercise of the “Right of Withdrawal,” and the official authorities to which complaints and objections may be submitted; and that the BUYER has confirmed such preliminary information in the electronic environment.
5.10. In line with the preceding article, the BUYER accepts and declares that the BUYER has read and been informed of the order/payment/usage procedures on www.panizsima.com, where instructions for ordering products, payment terms, product usage instructions and precautions against possible situations are provided, and that the BUYER has confirmed these matters in the electronic environment.
5.11. The rights of the SELLER in respect of all trademarks, patents, information and visual materials relating to the products and services are reserved pursuant to Industrial Property Law No. 6769, Decree Law No. 556 on the Protection of Trademarks, Decree Law No. 551 on the Protection of Patents, and the provisions of the Regulation on the Prevention of Unfair Competition. The BUYER hereby accepts, declares and undertakes that all trademarks, photographs, information and visual materials used within the scope of this purchase belong to the SELLER or to the registered owner of such trademarks, photographs, information and visual materials; and further accepts, declares and undertakes to keep such information and materials confidential, not to use them for any other purpose, and not to disclose them to any third party.
ARTICLE 6 – ORDER / PAYMENT PROCESSING
6.1. After the total price of the products including VAT (or the total amount of installments in case of installment sales) added by the BUYER to the shopping cart on the website http://www.panizsima.com is confirmed by the BUYER, the payment is processed through the POS system of the relevant bank. Accordingly, an Order Confirmation e-mail is sent to the customer before the orders are shipped. No shipment is made before the Order Confirmation e-mail is sent.
6.2. The BUYER may place orders on the website http://www.panizsima.com using a credit card (Visa, MasterCard, etc.) or via bank transfer (wire/EFT). During bank transfer and/or EFT, the “Sender Information” must match the Invoice Information, and the order number must be indicated. Payment methods such as cash on delivery or postal checks are not accepted. If the relevant bank transfer is not made within one week following the order date, the relevant order is cancelled. The processing time of orders is the time when the relevant amount is collected from the credit card account or when the bank transfer (EFT) reaches the SELLER’s bank accounts, not the time when the order is placed.
6.3. Any malfunctions during the order and/or payment process, or any issues that may arise regarding the credit card, shall be notified to the BUYER via one or more of the communication methods (telephone, fax, e-mail, etc.) specified in this Agreement.
ARTICLE 7 – DELIVERY PROCEDURE
7.1. Once the Order Confirmation e-mail is sent to the BUYER, the product(s) are delivered to the courier company contracted by the SELLER, at the SELLER’s own cost and expense.
7.2. The product(s) shall be delivered to the BUYER’s address by the courier company contracted by the SELLER. The delivery period is 30 days from the date the Order Confirmation e-mail is sent. This period may be extended by a maximum of 10 days, provided that prior written notice is given to the BUYER. The BUYER may not hold the SELLER responsible for delays in delivery due to errors and/or deficiencies in the shipping information, due to various social events and natural disasters, or due to reasons beyond the SELLER’s control.
7.3. The SELLER shall not be responsible for any additional shipping costs incurred because the BUYER, or if the product is to be delivered to a person/entity other than the BUYER, such recipient, does not accept the delivery, or due to errors and/or deficiencies in the shipping information and/or if the BUYER cannot be located at the specified address. If the product(s) are not delivered on the specified date, delivery issues must be reported to customer service via the e-mail address info@panizsima.com.
7.4. Damaged packages must not be accepted, and the courier company representative must be asked to prepare a report. If the package is refused and a report is prepared, this must be reported to the SELLER’s customer service as soon as possible, together with the BUYER’s copy of the report. The BUYER accepts and declares that any product accepted by the BUYER is complete, free of defects and in good condition.
7.5. If, for any reason, the payment for the product is cancelled by the BUYER or the Bank, the SELLER shall no longer be obliged to deliver the product.
ARTICLE 8 – RIGHT OF WITHDRAWAL AND PRODUCT RETURN PROCEDURE
8.1. The BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to the BUYER and/or to the person/entity designated by the BUYER, without giving any reason and without incurring any legal or penal liability. To exercise the right of withdrawal, a written notification must be sent to the SELLER, and the product must be unused. To exercise this right, the original invoice delivered to the BUYER or the third party must be returned. The BUYER must fill in and sign the relevant sections of the two copies of the invoice issued by the SELLER and delivered with the product, send one copy to the SELLER together with the product, and keep the other copy.
8.2. The shipping costs of the returned product(s) shall be borne by the BUYER.
8.3. The right of withdrawal may not be exercised for products prepared or manufactured in line with the BUYER’s special requests and/or personal needs.
8.4. If the BUYER exercises the right of withdrawal, the SELLER shall return the total amount paid by the BUYER and any related payment documents to the BUYER within a maximum of 10 (ten) days from the date of receipt of the returned product and the invoice containing the withdrawal notice, without charging any costs or expenses to the BUYER. The product price shall be refunded to the BUYER within 5 (five) days following receipt of the withdrawal notice and the returned product. If the original product is not returned, VAT and other legal obligations, if any, shall not be refunded.
8.5. To return a product, the BUYER must first notify the SELLER’s customer service of this matter. Then, the product to be returned must be delivered to the SELLER, together with the invoice containing the return information, via the courier company that delivered the product to the BUYER. If the product returned to the SELLER meets the conditions set out in this Agreement, the return shall be accepted and the relevant amount shall be refunded to the BUYER’s credit card/account. No refund shall be made until the product is returned. The time it takes for the refund to be reflected in the credit card account is at the discretion of the relevant bank.
8.6. If the purchase was made by credit card and in installments, the refund to the credit card account shall be as follows: The Bank will refund the BUYER in the same number of installments as the original purchase. After the SELLER pays the full product price to the bank in a lump sum, in order to protect the interests of both parties, the Bank will transfer the refund amounts to the card account in installments. If the date of refund and the statement date do not coincide, one (1) refund installment will be reflected on the card each month, and the BUYER will receive the installments paid prior to the refund only after the completion of all installments; such amounts will be deducted from the BUYER’s current debts and obligations.
8.7. In the case of returns of products and services purchased by credit card, the SELLER cannot make cash payments to the BUYER in accordance with the agreement concluded with the Bank. In the event of a refund transaction, the merchant, i.e. the SELLER, shall process the refund via the relevant software, and since the SELLER is obliged to make payment to the Bank in cash or on account, and in accordance with the procedure detailed above, the SELLER cannot make cash payments to the BUYER. The refund to the credit card shall be made by the Bank in accordance with the above procedure, after the BUYER has paid the Bank in full.
ARTICLE 9 – FORCE MAJEURE
9.1. Circumstances that did not exist or could not have been foreseen on the date of signature of this Agreement, as well as events beyond the reasonable control of the Parties (including but not limited to natural disasters, war, acts of terrorism, insurrection, changes in legislation, confiscation or seizure, strike, lockout, major failures in production and communication facilities, etc.) which prevent and/or delay either or both Parties from performing their obligations hereunder, in whole or in part, shall be deemed force majeure events. The Party affected by a force majeure event shall immediately notify the other Party in writing.
9.2. For the duration of the force majeure event, the Parties shall not be liable for their failure to perform their obligations hereunder. If such force majeure event continues for more than 30 (thirty) days, each Party shall be entitled to unilaterally terminate this Agreement.
ARTICLE 10 – WARRANTY
Products that are used and cleaned properly in accordance with the user manual are warranted for 2 years against all manufacturing defects under the conditions set out below. The SELLER’s warranty obligation applies to consumers within the scope of Law No. 4077. For matters of a commercial nature, the provisions of the Turkish Commercial Code shall apply.
ARTICLE 11 – CONFIDENTIALITY
11.1. Information provided by the BUYER within the scope of this Agreement, and information and data provided to the SELLER for payment purposes, shall not be disclosed by the SELLER to third parties. The SELLER shall disclose such information only where there is an administrative/statutory obligation to do so. The BUYER’s credit card details are not stored in the SELLER’s database.
11.2. The BUYER’s e-mail address, postal address and telephone information may be used by the SELLER for standard product delivery and information procedures. By means of this Agreement, the BUYER accepts and declares that the BUYER consents to receiving information on new campaigns, promotions and new products.
ARTICLE 12 – COMPETENT COURTS AND ENFORCEMENT OFFICES
In the event of any dispute arising from the implementation of this Agreement, the Consumer Arbitration Committees shall have jurisdiction for disputes up to the monetary limits announced by the Ministry of Industry and Trade, and the Consumer Courts shall have jurisdiction for disputes above such amounts; where there is no Consumer Court, the Civil Courts of First Instance shall have jurisdiction.
ARTICLE 13 – DATE OF AGREEMENT
The date of this Agreement is …./…./……, being the date on which the BUYER places the order. Upon completion of the order, the BUYER shall be deemed to have accepted all the terms and conditions of this Agreement.
This document has been executed by the SELLER on …/…/…. As the BUYER, I have read, understood and accepted all the matters set out in this Preliminary Information Form for Sale and Distance Sales Agreement, and I have approved and confirmed all of its provisions.