1. PARTIES TO THE AGREEMENT
  1.  INFORMATION OF THE SELLER: (Bajjari/Seller)
Trade Name                       :Bajjari Fur Fashion- Ziyaddin Nergiz
Address                           :                                          Telsiz Mahallesi, 80/1 Sokak, Sazıyaman Apt. No:16-18C, Zeytinburnu/İstanbul
Phone                             :+905374378512 / +905372254940
E-mail                              :                bajjarifashion@outlook.com
  1.  INFORMATION OF THE BUYER (*):
Name/surname:  [●]
Address          :                       [●]
Phone              :  [●]
E-mail               :         [●]

Approval/Signing Date of the Agreement: [●]

The User Agreement and Privacy Policy approved by the BUYER, other product purchase agreements or other texts and forms regarding the use of the Platform are an integral part of this Agreement.

 (*) In case the Buyer is a merchant real or legal person and/or the invoice for the service is issued on behalf of the merchant Buyer; the Buyer cannot benefit from the provisions and other consumer rights granting special rights and opportunities to consumers set out in this Agreement and the relevant legislation.

Specific information and explanations that not included in this Agreement regarding the Product/s subject of this Agreement, are provided to the BUYER in other texts, especially the Terms of Use, before the screen containing this Agreement. Information contained therein is approved by the BUYER and it has been passed to the stage of ratification of this Agreement. For this reason, these specific information and explanations have also been accepted by the BUYER.

  • SUBJECT OF THE AGREEMENT

The subject matter of the Agreement is to determine the Parties’ rights and obligations in accordance with the relevant legal regulations regarding the purchase and delivery of the Product/s, whose qualities and sales price are specified below and which the BUYER has ordered electronically from the Platform, and the BUYER’s payment of the sales price to the SELLER during the completion of the order of the Product/s.

This Agreement has been drawn up in accordance with the Law and the Regulation. Parties agree and represent that they are aware of and understand their obligations and responsibilities arising from this Agreement and the Law and the Regulation.

  • DEFINITIONS

In the implementation and interpretation of this Agreement, the terms written below shall have the following meanings:

SELLER:  The person who offers goods to the consumer for commercial or professional purposes or acts in the name of or on behalf of the supplier and whose information is available at the entry of the Agreement,

BUYER: The natural or legal person who requests and purchases the Product on the Platform,

Platform: The website of the SELLER with the domain name www.bajjari.com ,

Agreement: This Agreement concluded between the SELLER and the BUYER,

Law:  Turkish Consumer Protection Law,

Regulation: Regulation on Distance Contracts

Product or Products: The movable goods subject to purchase,

Permanent Data Storage: Text message, electronic mail, internet, disc, CD, DVD, memory card and all similar tools or portals that enables the information sent by the BUYER or sent to the BUYER to be recorded, copied without modification and accessed as it is and in a manner that allows examining the information for a reasonable period of time in accordance with its purpose

  • PRODUCT/S SUBJECT TO AGREEMENT AND PRODUCT INFORMATION:
  • PRODUCT QUALIFICATIONS:
Model of the Product:[●]
Number of the Product:[●]
Sales Price (including VAT):               [●]
Delivery Fee                       :[●]
TOTAL                           :                                            [●]
  •  PAYMENT and DELIVERY:
Payment Plan and Method:             Credit Card/Debit Card  
Delivery Address              :[●]  
Invoice Address**            :[●]

Shipping Company/Cargo:       [●]

 (**) The invoice shall be delivered with the order to the delivery address at the time of order delivery.

  • The BUYER shall pay cash or in installments via credit card/debit card. In installment payments, installments can be made under the terms and conditions allowed by the relevant credit card. The products shall be delivered to the Delivery Address via the shipping company specified above within 30 (thirty) days at the latest from the day the order is sent to the SELLER.
  • In case the BUYER or person determined by the BUYER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. For this reason, the BUYER shall compensate all damages arising from the late delivery of the Product and shall bare responsibility from all expenses, taxes and cost incurred for the return of the Product and occurred due to Product has waited in the shipping company and/or the cargo cannot be delivered.
  • The Delivery fee, which is the Product’s delivery cost, is not included in the sales price and shall be paid by the BUYER. In case the BUYER wants to return the Product in any way and for any reason, the BUYER shall be exclusively responsible from fee for shipment, additional costs and taxes that may arise at the customs.
  • If the BUYER wants to return the Product, it must choose the shipping company specified above. Otherwise, except in situations where the SELLER has expressly permitted, it cannot be presumed that the Product has delivered to the SELLER.
  • The SELLER cannot be held responsible in case the Products cannot be delivered within the specified time and/or as promised and/or to the pledged person due to the BUYER’s fault or negligence.
  • PARTIES agree that in case the following conditions are met by the SELLER, another product of equal quality and price may be supplied to the BUYER.
  1. Understanding that the Product subject to the Agreement cannot be supplied due to a just reason.
  • Acquiring approval for the supply of another product by informing the BUYER in a clear and explicit way.
  • If the supply of the Product becomes impossible, the SELLER shall notify the BUYER in writing, online or via the Permanent Data Storage or by telephone within three days from the date of learning this situation and return the total amount to the BUYER in accordance with the relevant legislation.
  • In the event that relevant bank or financial institution does not pay the price of Product to the SELLER after the delivery of the Product due to the unfair or illegal use of the BUYER’s credit card by unauthorized persons; provided that Product has been delivered the BUYER, BUYER shall return the Product within 3 (three) business days to the SELLER. In this case the BUYER shall be responsible for all amounts including shipping, taxes and additional costs.
  • In case the price of the Product is not paid for any reason, or the bank payment is canceled after the Preliminary Information Form is approved and the Distance Sales Agreement is concluded, SELLER shall abstain from the obligation to deliver the Product until the BUYER pays the price of Product and informs the SELLER.
  • In case the SELLER cannot deliver the Product/s subject to the Agreement in due time due to force majeure, weather conditions preventing delivery, interruption of transportation and other extraordinary circumstances, it shall notify the BUYER. In this case, the BUYER may use one of the following rights: (i) cancellation of the order, (ii) replacement of the Product/s subject to the Agreement with an equivalent product that PARTIES agreed, if any, and/or (iii) postponement of the delivery time until the cessation of force majeure/hindering situation. In case the BUYER cancels the order, the total amount paid shall be returned in cash and in full within relevant legislation. For the payments made by the BUYER with credit card, the paid amount of the Product/s shall be returned to the relevant bank as soon as possible (within 3 working days on average) after learning that the order is canceled by the BUYER. Since the reflection of this amount on the BUYER’s accounts after the return of this amount to the bank is entirely related to the bank transaction process, the BUYER acknowledges and accepts that it is not possible for SELLER to intervene in any way for possible delays and the time it will take for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER’s account is not the responsibility of the SELLER.
  • GENERAL PROVISIONS
  •  The BUYER represents that it has carefully read and understood information about the basic qualities of the Product/s, sales price, payment method, delivery and other preliminary information hereunder as specified in the Platform and given its approval electronically regarding these.
  • By approving the Preliminary Information Form electronically, the BUYER confirms that he/she has, before the conclusion of this Agreement, obtained information related to basic qualities of the Product/s ordered, delivery, the Products’ price, including taxes, and payment information accurately and completely.
  • The BUYER can access the basic features of the Product/s subject to the Agreement from the Platform. The BUYER accepts that SELLER can make changes and updates regarding the basic features and prices of the Product/s at any time without the need for any notification during the discount and campaign periods. In case a discount or campaign period is determined by the SELLER, the basic features and sales prices of the Product/s shall be valid for this period. The BUYER accepts that it may not be able to access the information regarding the Product/s due to the expiry of the relevant period or due to the Product/s not being in stock.
  • During the shipping of the Product, during and after the customs procedures in the BUYER’s country, the costs incurred by the BUYER to receive the Product, other taxes and payments including customs duties are the sole responsibility of the BUYER. If the product is returned for any reason, the BUYER shall be responsible for the shipment fee, customs duties and costs that may arise due to the shipping of the Product.
  •  In the event that the BUYER wants to cancel the order after the order has been placed but before the delivery of the Product to the shipping company, the BUYER shall contact the SELLER using the methods specified in the article 6.3 of this Agreement. In this case, upon the SELLER approval, the SELLER shall refund the BUYER’s relevant bank for the refund of the price of the Product. The SELLER shall not be responsible for the delays within the scope of the return policy of the relevant bank.
  • RIGHT OF WITHDRAWAL

 

  • BUYER is entitled to reject/return the Product and terminate the Agreement within (14) fourteen days starting from the date on which the Product is received by the BUYER or delivered to the third person/organization at the address indicated by the BUYER, without providing a termination reason. In any case, exceptional circumstances in which the right of withdrawal cannot be exercised are reserved:

a) for the supply of goods made to the consumer’s specifications or clearly personalized (including those that are customized to the person/personal needs by making changes or additions);

b) for supply of goods that are liable to deteriorate or expire rapidly;

c) for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and its protective elements, such as packaging, tape, seal, package, unsealed after delivery;

d) for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

e) for the supply of the books, digital content and computer consumables presented in the material environment If the protective elements such as packaging, tape, seal, package are unsealed after the delivery of the goods;

f) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier or seller;

g) for the supply of periodical publications, such as newspaper or magazine with the exception of subscription contracts for the supply of such publications;

h) for the supply of accommodation, transport of goods, car rental services, catering or services related to leisure activities that requires for a specific date or period of performance;

i) for the services rendered right away via electronic medium or intangible goods delivered right away and for the services started to be given upon the consent of the consumer before the expiration of right of withdrawal period;

j) and other goods and services considered outside the scope of distance sales in accordance with the relevant legislation.

  • Within 10 (ten) days from the date of receipt of the withdrawal notification to the SELLER, it is obligatory to send the Product back to the above-mentioned Product return address of the SELLER or the person authorized by the SELLER. The BUYER is solely responsible for any shipping costs, taxes, customs costs and additional expenses that may arise from the return of the Product/s. The BUYER, under all circumstances, shall return the Products only via the shipping/cargo company specified above with which the SELLER has an agreement, or which can be selected from the Platform if the SELLER allows.
  • To exercise right of withdrawal, it shall be notified to the SELLER that this right is used within this period;
  1. in writing to the SELLER’s above-mentioned address or
  2. with an e-mail to be sent to the SELLER’s e-mail address bajjarifashion@outlook.com, or
  3. to the phone numbers of the SELLER +905374378512 or +905372254940  .

In the event that the Product is returned directly to the SELLER without using any of these methods, the SELLER cannot be held responsible for any damage, loss of the Product or any expense.

  • If the BUYER does not share the following information with the SELLER while making the withdrawal notification, the SELLER shall be deemed not to have received any notice of withdrawal.
  • The Product and its quantity subject to the right of withdrawal
  • Sales price
  • Order date and delivery date
  • BUYER’s full name, surname and address
  • Date of withdrawal notification.
  •  The BUYER when exercising right of withdrawal shall send

a.    invoice of the Product delivered to the BUYER, or the person designated by the Buyer as the deliverable person,

b.    The Product/s to be returned complete and undamaged together with its box, packaging and standard accessories, if any, to the SELLER with the Shipping Company determined by Agreement within 10 days from the notification of the use of the right of withdrawal. The SELLER shall not be responsible for the Products sent to the SELLER without a notice of withdrawal.

      If the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it shall be responsible for the changes and deteriorations that occur.

  • In case that the BUYER exercises its right of withdrawal, the SELLER shall take immediate action at the relevant bank to return the price of the Product to the BUYER’s bank account or credit card account within 14 (fourteen) days from the date of receipt of the withdrawal notification. In any case, the SELLER reserves its right to delay the relevant refund period until the product is received, in case the Product does not reach it. The BUYER shall be solely responsible for bank deductions and costs and international transfer fees that may occur during the transfer of the refund amount to the BUYER’s account.
  • When exercising its right of withdrawl, the BUYER is obliged to make the return in accordance with the customs rules and legislation and to clearly state that the Product is “returned” when delivering it to the shipping company. The SELLER is shall not be held responsible from the Product that cannot pass through the customs border to the SELLER’s country or Product that does not reach the SELLER.
  • DEFAULT

In case the Product/s sent by the SELLER is defective, the BUYER may, to the extent appropriate for the Product; (i) use the right to replace the relevant product with a new one (ii) to reduce the price at the rate of defects, or (iii) to withdraw from the Agreement. In this situation, PARTIES shall decide on the optional right to be used together.

  • PRIVACY AND PROTECTION OF PERSONAL DATA

Under this Agreement, the SELLER accepts and declares that it will fulfill its obligations arising from all kinds of legislation, including the Law on the Protection of Personal Data, and the Terms of Use and Privacy Policy in the Platform.

BUYER declares and undertakes that the personal data and other information provided while subscribing to and using the Platform are accurate. BUYER shall immediately compensate all damages incurred by the SELLER due to in accurate information, in cash and at the first request of the SELLER.

In accordance with type of information and transaction, the necessary measures for the security of the information and transactions provided to the Platform by the BUYER shall be taken in the system infrastructure of the SELLER within the scope of today’s technical possibilities. However, since the said information is provided from the devices belonging to the BUYER, it is the BUYER’s responsibility to take the necessary measures, including those related to viruses and similar harmful applications, to ensure they are protected by the BUYER and cannot be accessed without authorization.

  • INTELLECTUAL PROPERTY RIGHTS

BUYER acknowledges that the Platform and the design, text, image, html code and other codes on the Platform and all related elements without limited to these are used under the intellectual property rights belonging to SELLER, or used by the SELLER under the license right obtained from a third party. The BUYER undertakes that without written consent of SELLER it cannot use these intellectual property rights under any conditions, even for reference and promotional activities. The BUYER cannot engage in an attitude or behavior that may infringe on the copyright, trademark or other rights of the SELLER or create unfair competition or engage in advertising activities in violation of the aforementioned legislation.

  1. SETTLEMENT OF DISPUTES AND COMPETENT JURISDICTION

For the implementation of the Agreement, Parties agree that Turkish law and legislations will be applicable.  In case of any dispute in the application of the Agreement, the Consumer Arbitration Committees announced by the Ministry of Customs and Trade of the Republic of Turkey and specified in the Law and Consumer Courts and Enforcement Offices shall be competent.