Article 1 - Parties
1.1. Seller
Business Name: Gizem Şahin Akdoğan
Address: Uğurmumcu mah. Fatih Sultan Mehmet Cad. Filmsan Site No:8-A Kartal/ISTANBUL
Phone: 5356855202
Email address: info@orendadesign.com
Product return address: Gizem Şahin Akdoğan Uğurmumcu mah. Fatih Sultan Mehmet Cad. Filmsan Site No:8-A Kartal/ISTANBUL
1.2. Buyer
Name – surname/TR ID No.
Address
Telephone
E-mail
Article 2- Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically (e-commerce ) from the SELLER's website https://www.orendadesign.com.
The buyer accepts and declares that he/she has been informed by the seller in a clear, understandable and internet-friendly manner regarding the seller's name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information regarding the goods for sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc., in accordance with the provisions of this contract, that he/she has confirmed this preliminary information electronically and subsequently ordered the goods.
The preliminary information on the website https://www.orendadesign.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3 - Contractual Product/Payment/Delivery Information
The type and kind of product/products purchased electronically, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee are as follows. The person to be invoiced must be the same as the person making the contract. The information below must be accurate and complete. The buyer agrees to fully cover any damages that may arise from the inaccuracy or incompleteness of this information. In addition, the buyer accepts all liability that may arise from this situation.
SELLER reserves the right to stop the order if it deems necessary and if the information provided by the BUYER does not match the truth. If SELLER detects a problem with the order and cannot reach the BUYER via the phone, e-mail and postal addresses provided by the BUYER, it will freeze the execution of the order for 15 (fifteen) days. BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER will cancel the order in order to prevent damage to both parties.
Product/Products Purchased
Payment Method: Credit Card/Bank Transfer (EFT)
Person to be Delivered:
Phone number:
Article 4 - Contract Date and Force Majeure
The contract date is ../../…., which is the date on which the order is placed by the buyer.
Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will notify the other party of the situation immediately and in writing.
During the continuation of force majeure, the parties will not be held liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5 - Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure situations, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop at www.orendadesign.com. The seller will assume that the age stated by the buyer in the contract is correct. However, the seller will not be held responsible in any way if the buyer writes their age incorrectly.
5.2. https://www.orendadesign.com is not responsible for price errors that occur due to system errors. Based on this, the seller is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website. The buyer cannot claim rights from the seller based on system errors.
5.3. Shopping can be made via credit card (Visa, MasterCard , etc.) or bank transfer/EFT at https://www.orendadesign.com. Orders for which the transfer is not made within 3 (three) business days from the date of order will be canceled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when the transfer (EFT) reaches the bank accounts.
Article 6 - Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure reasons.
6.2. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the terms of the business contract and that he/she will make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer accepts and declares that he/she has received information about the name, title, full address, telephone and other contact information of the seller, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and expenses etc., all preliminary information about the goods for sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections etc. in a clear, understandable and internet-friendly manner from the website https://www.orendadesign.com. and that he/she has confirmed this preliminary information electronically.
6.4. Subject to the previous article, the Buyer declares that he/she has read and is informed about the https://www.orendadesign.com order/payment/usage procedure information, which includes the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and that he/she has given the necessary confirmation electronically.
6.5. In case the Buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.
Article 7 - Order/Payment Procedure
Order:
After the VAT-included TL amount of the products added to the shopping cart is approved by the buyer, credit card payments are processed via iKAS PAY Virtual POS. Before the orders are shipped, an e-mail is sent to the customer stating that the order is prepared. Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer using one or more of the phone/e-mail channels specified in the contract. If necessary, the buyer may be asked to contact their bank. The time the orders are processed is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer (EFT) has reached the seller's accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied due to a justified reason and/or a stock problem is encountered, if the buyer is informed immediately in a clear and understandable manner and gives his/her approval, another good of equal quality and price can be sent to the buyer or, in line with the buyer's wish and choice; another new product can be sent, it can be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated and/or the order can be cancelled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer is informed of this situation, the total amount paid and any documents that put him under debt are returned to him within fourteen days at the latest, and the contract is cancelled. In such a case, the buyer will not have any additional material or moral damage claims from the seller.
Payment:
https://www.orendadesign.com offers the option to order via bank transfer/EFT to buyers who do not want to use their credit card information on the internet. In payment via bank transfer, the buyer can transfer the amount to www.orendadesign.com’s Türkiye İş Bankası account. If an EFT has been made, the date of transfer to the account will be taken into account. When making a bank transfer and/or EFT, the “Sender Information” must be the same as the Invoice Information and the order number must be written.
If the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the product, the Buyer is required to send the product delivered to him to the Seller within 10 days. In such cases, the shipping costs belong to the Buyer.
Article 8 - Shipping/Delivery Procedure
Shipping:
Once the order confirmation email is sent, the product/products are delivered to the cargo company that the seller has a contract with. www.orendadesign.com's contracted cargo company is Yurtiçi Kargo.
Delivery:
The product/products will be delivered to the recipient's address by Yurtiçi Kargo, which www.orendadesign.com has an agreement with. The delivery period is a maximum of 7 business days from the sending of the Order confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the recipient is notified in writing or via a continuous data carrier in advance.
Products are sent to areas where cargo companies do not deliver to addresses with a phone notification.
In regions where the Cargo Company delivers once a week, in cases of inaccuracies or omissions in the shipping information, in some social events and natural disasters, there may be a delay in the specified day period. The buyer cannot impose any liability on the seller due to these delays.
If the product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for any extra shipping costs that may arise due to the person/organization not accepting the delivery, incorrect shipping information and/or the Buyer not being at the location.
In case of damaged packages; Damaged packages should not be accepted and a report should be prepared by the Cargo Company. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to open the package there, check that the products were delivered without damage and request that the situation be recorded in a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty. If the package is not accepted and a report is prepared, the situation should be reported to the seller Customer Services as soon as possible, together with the copy of the report that is kept by the Buyer.
Article 9 - Procedure Regarding Product Return and Right of Withdrawal
Product Returns:
The buyer has the right to withdraw from the contract within 14 (fourteen) days after receiving the goods, without giving any reason and without paying any penalty.
The right of withdrawal period starts from the day the product is delivered to the buyer. If the reason for returning the returned product or products is arbitrary circumstances, the cost must be covered by the buyer. However, if there is a faulty product caused by the Seller, the cost must be covered by the Seller.
There is no right of withdrawal for goods that are prepared in accordance with the buyer's wishes and/or clearly in line with his personal needs.
If the buyer exercises his right of withdrawal, the seller will refund the total price received and any documents that put the consumer in debt, if any, within ten days at the latest from the date the invoice containing the notice of withdrawal reaches the seller together with the product, without charging any cost to the consumer.
The decrease in the value of the goods received or the existence of a reason that makes return impossible does not prevent the right of withdrawal from being exercised. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate for the value of the goods or the decrease in its value.
The general return period for any product purchased by mistake is 7 days. During this period, the return of products whose packaging has been opened in a way that would damage the product will not be accepted. Returns must be made with the original packaging and invoice.
If the product or its packaging is opened, damaged, broken, damaged, torn, used or any other conditions are detected in the product or its packaging purchased by mistake and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be accepted for return and the price will not be refunded.
For product returns, the situation must first be communicated to customer services. The information about sending the product back is communicated to the customer by the seller. After this conversation, the product must be delivered to the seller with the invoice containing the information about the return, via the cargo company (Yurtiçi Kargo) that delivers to the recipient's address.
If the returned product reaches the seller and meets the conditions specified in this contract, it will be accepted as a return and the refund will be made to the buyer's credit card/account. No refund will be made without returning the product. The time it takes for refunds made to a credit card to be reflected in credit card accounts is at the discretion of the relevant bank.
In case of return of goods and services purchased with the card, the seller cannot make a cash payment to the buyer in accordance with the contract made with the Bank. In case of a return transaction, the member business, namely the seller, will make the refund through the relevant software, and since the member business, namely the seller, is obliged to pay the relevant amount to the bank in cash or on account, the payment cannot be made to the buyer in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer pays the amount to the Bank in a single payment.
COMPETENT COURT
Complaints and objections in disputes arising from this contract shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the following law. Information regarding the monetary limit is below:
Effective as of 28/05/2014:
a) In accordance with Article 68 of the Consumer Protection Law No. 6502, in disputes with a value below 2,000.00 (two thousand) TL, to the district consumer arbitration committees,
b) In disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
FORCE
The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
