Legal notice
1. PARTIES
This Agreement has been entered into between the parties specified below under the terms and conditions set forth herein.
A. “BUYER”; (hereinafter referred to as the “BUYER” in this Agreement)
B. “SELLER”; (hereinafter referred to as “WWW.HAMFABRICS.COM” in this Agreement)
FULL NAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, the BUYER shall be obliged to pay the price of the order and any additional charges specified, such as shipping fees and taxes, and that the BUYER has been informed accordingly.
2. DEFINITIONS
For the implementation and interpretation of this Agreement, the terms set forth below shall have the meanings stated opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction, other than the provision of goods, performed or undertaken to be performed in return for a fee or benefit,
WWW.HAMFABRICS.COM: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf or for the account of the party offering such goods,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The website belonging to WWW.HAMFABRICS.COM,
ORDERING PARTY: The natural or legal person requesting a good or service through the website belonging to WWW.HAMFABRICS.COM,
PARTIES: WWW.HAMFABRICS.COM and the BUYER,
AGREEMENT: This Agreement concluded between WWW.HAMFABRICS.COM and the BUYER,
GOODS: Movable property subject to shopping and intangible goods such as software, audio, images, and similar products prepared for use in an electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties, pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose characteristics and sales price are specified below and which the BUYER has electronically ordered through the website belonging to WWW.HAMFABRICS.COM.
The prices listed and announced on the website are sales prices. Announced prices and commitments shall remain valid until they are updated or changed. Prices announced for a limited period shall remain valid until the end of the specified period.
4. SELLER INFORMATION
Trade Name: WWW.HAMFABRICS.COM
Address: Çankaya Neighborhood, Nilgün Street, Nilgün Apartment, 7/11
Telephone: 0533372744
Fax:
Email: info@hamfabrics.com
5. BUYER INFORMATION
Recipient
Delivery Address
Telephone
Fax
Email/Username
6. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
6.1. The basic characteristics of the goods/product/products/service (type, quantity, brand/model, color, and number of units) are published on the website belonging to WWW.HAMFABRICS.COM. If a campaign has been organized by WWW.HAMFABRICS.COM, the basic characteristics of the relevant product may be reviewed throughout the campaign period. It is valid until the campaign date.
6.2. The prices listed and announced on the website are sales prices. Announced prices and commitments shall remain valid until they are updated or changed. Prices announced for a limited period shall remain valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the Agreement, including all taxes, is shown below.
Product Description — Quantity — Unit Price — Subtotal
(Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Method of Delivery
6.4. The shipping fee, which constitutes the cost of dispatching the product, shall be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/Username
Invoice Delivery: The invoice shall be delivered together with the order to the billing address at the time the order is delivered.
8. RULES REGARDING SECURITY, PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules, policies, and terms whose current principles are set out below shall apply to the protection, confidentiality, processing and use of information, communications, and other matters on the WEBSITE.
8.1. Necessary measures for the security of the information entered and transactions performed by the BUYER on the WEBSITE have been taken within the system infrastructure of WWW.HAMFABRICS.COM, to the extent permitted by current technical capabilities and according to the nature of the information and transaction. Nevertheless, because such information is entered from the BUYER’s device, the BUYER is responsible for taking the necessary measures on the BUYER’s side, including measures against viruses and similar malicious applications, to protect such information and prevent access by unrelated persons.
8.2. In addition to and as confirmation of the permissions and consents otherwise granted by the BUYER regarding personal data and commercial electronic communications, information obtained during the BUYER’s membership of and purchases through the WEBSITE may be recorded by WWW.HAMFABRICS.COM, C, indefinitely or for such period as they may determine, stored in printed or magnetic archives, updated where deemed necessary, shared, transmitted, transferred, used, and otherwise processed for the provision of various products/services and for electronic and other commercial or social communications conducted for all kinds of information, advertising and promotion, communication, campaigns, sales, marketing, store card, credit card, and membership applications, by the specified parties and their successors. Such data may also be submitted to the relevant authorities and courts where legally required. The BUYER has consented to and authorized the use, sharing, and processing of the BUYER’s existing and new personal and non-personal information within the above scope, in accordance with legislation on the protection of personal data and electronic commerce legislation, and to the sending of commercial or non-commercial electronic communications and other communications to the BUYER.
8.3. The BUYER may contact WWW.HAMFABRICS.COM through the specified communication channels to stop the use and processing of data and/or may stop communications at any time by contacting WWW.HAMFABRICS.COM through the same channels in accordance with legal procedures or by exercising the right to opt out in the electronic communications sent to the BUYER. Upon the BUYER’s express notification in this regard, personal data processing and/or communications addressed to the BUYER shall be stopped within the maximum statutory period. Furthermore, at the BUYER’s request, information other than that which must legally be retained and/or cannot legally be deleted shall be deleted from the data recording system or anonymized so that the BUYER cannot be identified. The BUYER may at any time apply to WWW.HAMFABRICS.COM through the communication channels specified above and obtain information regarding the processing of personal data, the persons to whom such data has been transferred, the correction of incomplete or inaccurate data, notification of such corrections to the relevant third parties, deletion or destruction of data, objection to any result arising against the BUYER through analysis by automated systems, and compensation for damages suffered due to unlawful processing of data. Applications and requests concerning these matters shall be fulfilled within the maximum statutory periods or may be rejected by explaining the legal grounds to the BUYER.
8.4. All intellectual and industrial property rights and ownership rights relating to all information and content on the WEBSITE and their arrangement, revision, and partial or complete use belong to WWW.HAMFABRICS.COM, except for those belonging to other third parties in accordance with the agreement of WWW.HAMFABRICS.COM.
8.5. WWW.HAMFABRICS.COM reserves the right to make any changes it may deem necessary concerning the matters stated above. Such changes shall become effective from the moment they are announced by WWW.HAMFABRICS.COM on the WEBSITE or through other appropriate methods.
8.6. Other websites accessed through the WEBSITE are subject to their own privacy and security policies and terms of use. WWW.HAMFABRICS.COM shall not be responsible for any disputes or adverse consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that the BUYER has read and obtained information concerning the basic characteristics, sales price, payment method, and preliminary delivery information regarding the product subject to the Agreement on the website belonging to WWW.HAMFABRICS.COM, and has provided the required confirmation electronically. By electronically confirming the Preliminary Information, the BUYER accepts, declares, and undertakes that, prior to the conclusion of the distance sales agreement, the BUYER has accurately and completely obtained the address that must be provided to the BUYER by WWW.HAMFABRICS.COM, the basic characteristics of the products ordered, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organization at the address designated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER’s place of residence, provided that the statutory period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
9.3. WWW.HAMFABRICS.COM accepts, declares, and undertakes to deliver the product subject to the Agreement completely, in accordance with the characteristics specified in the order, together with any warranty documents, user manuals, and other information and documents required for the product; to perform its obligations free from any defects, in a sound manner and in compliance with standards and legal requirements, based on the principles of accuracy and honesty; to preserve and improve service quality; to exercise the necessary care and diligence during performance; and to act with prudence and foresight.
9.4. Before the performance obligation arising from the Agreement expires, WWW.HAMFABRICS.COM may supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER’s express approval.
9.5. If performance of the product or service ordered becomes impossible and WWW.HAMFABRICS.COM is therefore unable to fulfill its obligations under the Agreement, WWW.HAMFABRICS.COM accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date on which it becomes aware of such impossibility and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that the BUYER shall electronically confirm this Agreement for delivery of the product subject to the Agreement and that, if the price of the product subject to the Agreement is not paid for any reason and/or the payment is canceled in the bank records, WWW.HAMFABRICS.COM’s obligation to deliver the product subject to the Agreement shall cease.
9.7. If, after delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address designated by the BUYER, the price of the product subject to the Agreement is not paid to WWW.HAMFABRICS.COM by the relevant bank or financial institution as a result of the unlawful use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares, and undertakes to return the product subject to the Agreement to WWW.HAMFABRICS.COM within 3 days, with the transportation costs to be borne by WWW.HAMFABRICS.COM.
9.8. If WWW.HAMFABRICS.COM is unable to deliver the product subject to the Agreement within the specified period due to force majeure events, such as circumstances arising beyond the control of the parties that could not have been foreseen in advance and that prevent and/or delay the parties from fulfilling their obligations, WWW.HAMFABRICS.COM accepts, declares, and undertakes to notify the BUYER. The BUYER shall also have the right to request from WWW.HAMFABRICS.COM the cancellation of the order, replacement of the product subject to the Agreement with an equivalent product, if any, and/or postponement of the delivery period until the obstructing circumstance ceases to exist. If the order is canceled by the BUYER, the product amount paid in cash shall be refunded to the BUYER in cash and in a single payment within 14 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days after cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average period required for an amount refunded to the credit card by WWW.HAMFABRICS.COM to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks and that, because the reflection of such amount in the BUYER’s account after its refund to the bank is entirely related to the bank’s processing procedures, the BUYER may not hold WWW.HAMFABRICS.COM responsible for possible delays.
9.9. WWW.HAMFABRICS.COM has the right to contact the BUYER for communication, marketing, notification, and other purposes by letter, email, SMS, telephone call, and other means through the address, email address, landline and mobile telephone numbers, and other contact information specified by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER accepts and declares that WWW.HAMFABRICS.COM may carry out the communication activities specified above in relation to the BUYER.
9.10. The BUYER shall inspect the goods/services subject to the Agreement before accepting delivery and shall not accept from the shipping company any damaged or defective goods/services, such as those that are dented, broken, or have torn packaging. Goods/services accepted upon delivery shall be deemed undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder whose card was used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used for the order before the product is delivered to the BUYER, WWW.HAMFABRICS.COM may request that the BUYER submit the identity and contact information of the credit card holder, the statement for the credit card used for the order for the previous month, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder. The order shall be suspended until the BUYER provides the requested information/documents. If such requests are not fulfilled within 24 hours, WWW.HAMFABRICS.COM shall have the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when becoming a member of the website belonging to WWW.HAMFABRICS.COM is accurate and that the BUYER shall immediately compensate WWW.HAMFABRICS.COM, in cash and in a single payment, upon the first notification by WWW.HAMFABRICS.COM, for all damages suffered by WWW.HAMFABRICS.COM due to the inaccuracy of such information.
9.13. The BUYER accepts and undertakes in advance to comply with and not violate the provisions of applicable legislation while using the website belonging to WWW.HAMFABRICS.COM. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding upon the BUYER.
9.14. The BUYER may not use the website belonging to WWW.HAMFABRICS.COM in any manner that disrupts public order, violates public morality, disturbs or harasses others, serves an unlawful purpose, or infringes the material or moral rights of others. Furthermore, the member may not engage in activities or operations that prevent or make it difficult for others to use the services, including spam, viruses, Trojan horses, and similar actions.
9.15. Links may be provided through the website belonging to WWW.HAMFABRICS.COM to other websites and/or other content that are not under the control of WWW.HAMFABRICS.COM and/or that are owned and/or operated by other third parties. Such links are provided solely for the convenience of directing the BUYER and do not constitute an endorsement of any website or the person operating such website, nor do they provide any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions listed in this Agreement shall be personally liable, both criminally and legally, for such violation and shall hold WWW.HAMFABRICS.COM harmless from the legal and criminal consequences of such violations. Furthermore, if the matter is brought before legal authorities due to such violation, WWW.HAMFABRICS.COM reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. Where the distance agreement relates to the sale of goods, the BUYER may exercise the right to withdraw from the Agreement by rejecting the goods within 14 (fourteen) days from the date on which the product is delivered to the BUYER or to the person/organization at the address designated by the BUYER, provided that WWW.HAMFABRICS.COM is notified, without assuming any legal or criminal liability and without providing any reason. In distance agreements concerning the provision of services, this period shall commence on the date the Agreement is signed. The right of withdrawal may not be exercised in service agreements where performance has commenced with the consumer’s approval before expiry of the withdrawal period. Costs arising from the exercise of the right of withdrawal shall be borne by WWW.HAMFABRICS.COM. By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed regarding the right of withdrawal.
10.2. To exercise the right of withdrawal, written notification must be sent to WWW.HAMFABRICS.COM by registered mail with return receipt, fax, or email within the 14 (fourteen)-day period, and the product must not have been used within the framework of the provisions titled “Products for Which the Right of Withdrawal Cannot Be Exercised” set forth in this Agreement. If this right is exercised:
a) The invoice for the product delivered to a third party or to the BUYER must be returned. (If the invoice for the product to be returned was issued to a company, it must be sent together with the return invoice issued by that company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The box and packaging of the products to be returned, together with any standard accessories, must be delivered completely and without damage.
d) WWW.HAMFABRICS.COM is obliged to refund to the BUYER the total amount and the documents placing the BUYER under an obligation no later than 10 days from the date on which the withdrawal notification reaches WWW.HAMFABRICS.COM, and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason attributable to the BUYER or if returning the goods becomes impossible, the BUYER shall compensate WWW.HAMFABRICS.COM for its losses in proportion to the BUYER’s fault. However, the BUYER shall not be responsible for changes or deterioration resulting from the proper use of the goods or product during the withdrawal period.
f) If exercising the right of withdrawal causes the order amount to fall below the campaign threshold determined by WWW.HAMFABRICS.COM, the discount applied under the campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the Regulation, returns are not permitted for goods prepared in accordance with the BUYER’s request or expressly personal needs and which are not suitable for return; lower pieces of underwear; swimsuit and bikini bottoms; makeup products; disposable products; goods that may deteriorate quickly or whose expiry date may pass; products whose return is unsuitable for health and hygiene reasons if their packaging has been opened by the BUYER after delivery; products that become mixed with other products after delivery and cannot, by their nature, be separated; periodical publications such as newspapers and magazines, except those supplied under subscription agreements; services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables whose packaging has been opened by the BUYER. Furthermore, under the Regulation, the right of withdrawal cannot be exercised for services whose performance has commenced with the consumer’s approval before expiry of the withdrawal period.
For cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassette tapes, and stationery consumables such as toner, cartridges, ribbons, and similar products to be returned, their packaging must remain unopened, and the products must not have been tried, damaged, or used.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes payment by credit card and falls into default, the BUYER accepts, declares, and undertakes that the BUYER shall pay interest and be liable to the card-issuing bank within the framework of the credit card agreement between the BUYER and the bank. In such a case, the relevant bank may take legal action and claim the resulting costs and attorney’s fees from the BUYER. In all circumstances, if the BUYER falls into default due to the BUYER’s debt, the BUYER accepts, declares, and undertakes to compensate WWW.HAMFABRICS.COM for the loss and damage suffered as a result of delayed performance of the debt.
13. COMPETENT COURT
For disputes arising from this Agreement, complaints and objections shall be submitted, within the monetary limits specified in the Law, to the consumer arbitration committee or consumer court located at the consumer’s place of residence or at the place where the consumer transaction was carried out.
14. ENTRY INTO FORCE
When the BUYER completes payment for an order placed through the Website, the BUYER shall be deemed to have accepted all terms of this Agreement. WWW.HAMFABRICS.COM is obliged to make the necessary software arrangements to obtain confirmation, before completion of the order, that this Agreement has been read and accepted by the BUYER on the website.
SELLER: WWW.HAMFABRICS.COM
BUYER:
DATE:
