// MEMBERSHIP CONTRACT

1.PARTIES

This Agreement is entered into between the following parties on the terms and conditions set out below.

  1. 'BUYER'; (hereinafter referred to as "BUYER" in the Contract)

All members:  All buyers who are members of CasiPaped.com, the e-commerce store of Casi Paped Turizm Reklam ve Organizasyon TİC. LTD. ŞTİ. (Hereinafter referred to as Buyer or Customer).
ADDRESS:

  1. 'SELLER'; (hereinafter referred to as "SELLER" in the Contract)

Casi Paped Turizm Reklam ve Organizasyon TİC. LTD. ŞTİ.

ADDRESS: Bebek Yokuşu Sok. No:13 F, 34342 Bebek

Beşiktaş / İstanbul

By accepting this Contract, BUYER agrees in advance that if he/she approves the order subject to the Contract, he/she will be obliged to pay the price subject to the order and any additional fees such as shipping fees and taxes, if any, and that he/she has been informed in this regard.

 

2.DEFINITIONS

In the application and interpretation of this Agreement, the following terms shall have the meanings ascribed to them.

MINISTER: Minister of Customs and Trade.

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Distant Sales Contracts Regulation (OG: 27.11.2014/29188),

SERVICE: The subject matter of any consumer transaction, other than the provision of goods, which is performed or undertaken to be performed in return for a fee or benefit,

SELLER: A company that offers goods to a consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the seller,

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

SITE: SELLER's website,

ORDERING PARTY: A natural or legal person who requests a good or service through SELLER's website,

PARTIES: SELLER and BUYER,

CONTRACT: This Contract concluded between SELLER and BUYER,

GOODS: The movable goods subject to the exchange and software, audio, video and similar intangible goods prepared for use in electronic.

 

3.SUBJECT

This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which BUYER has ordered electronically through SELLER's website.

The prices listed and announced on the site are the sales price. The advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

 

4. SELLER INFORMATION

Company Title: Casi Paped Turizm Reklam ve Organizasyon TİC. LTD. ŞTİ.

Address: Bebek Yokuşu Sok. No:13 F, 34342 Bebek Beşiktaş / İstanbul

Eposta: [email protected]

Phone: +90 212 275 05 04

 

5. BUYER INFORMATION

Person to be delivered to
Delivery Address
Phone
Fax
Email/user name

 

6. ORDERING PERSON INFORMATION

Full Name/ Title
Address
Phone
Fax
Email/user name

 

7. INFORMATION FOR THE PRODUCT(S) SUBJECT TO CONTRACT

1. The basic specifications (type, quantity, brand / model, color, quantity) of the Goods / Products / Products / Service are published on the SELLER's website. If a campaign is organized by SELLER, you can review the basic features of the relevant product during the campaign. Valid until the date of the campaign.

7.2. The prices listed and announced on the site are the sales price. The advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description

Quantity

Unit Price

Subtotal

(VAT Included)

Shipping Amount

Total:
 

 

Payment Method and Plan

Delivery Address

Person to be Delivered to

Invoice Address

Order Date

Delivery Date

Delivery Method

 

7.4.  BUYER shall pay the shipping fee for the shipment of the Product.

 

8. INVOICE INFORMATION

Full Name/ Title

Address

Phone

Fax

Email/user name

Invoice delivery: The invoice shall be delivered with the order to the invoice address during order delivery.

 

9. GENERAL PROVISIONS

9.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the product subject to the Contract, the sales price and payment method and the delivery on the SELLER's website and that he/she has given the necessary confirmation electronically. By confirming the Preliminary Information electronically, BUYER accepts, declares and undertakes that he/she has obtained the address that should be given to him/her by SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information correctly and completely before the establishment of the Distance Sales Contract.

9.2. Each product subject to the Contract shall be delivered to BUYER or the person and/or organization at the address indicated by BUYER within the period specified in the preliminary information section on the website, depending on the distance of BUYER's residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to BUYER within this period, BUYER reserves the right to terminate the Contract.

9.3. SELLER agrees, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if any, with the warranty documents, user manuals, information and documents required by the work, to perform the work within the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with prudence and foresight, in accordance with the requirements of the legal legislation, free from any defects.

9.4. SELLER may supply a different product of equal quality and price by informing BUYER and obtaining BUYER's explicit consent before the expiration of the performance obligation arising from the Contract.

9.5. SELLER agrees, declares and undertakes that if SELLER cannot fulfill its obligations under the Contract in the event that it is impossible to fulfill the product or service subject to the order, it shall notify the consumer in writing within 3 days from the date of learning of this situation and shall refund the total price to BUYER within 14 days. 

9.6. BUYER agrees, declares and undertakes that it will confirm this Contract electronically for the delivery of the product subject to the Contract, and if for any reason the price of the product subject to the Contract is not paid and/or canceled in the bank records, SELLER's obligation to deliver the product subject to the Contract will cease.

9.7. BUYER agrees, represents and undertakes that in the event that the price of the product subject to the Contract is not paid to SELLER by the relevant bank or financial institution as a result of unauthorized use of BUYER's credit card by unauthorized persons after the delivery of the product subject to the Contract to BUYER or the person and/or organization at the address indicated by BUYER, BUYER shall return the product subject to the Contract to SELLER within 3 days at SELLER's expense.

9.8. SELLER agrees, declares and undertakes to notify BUYER if SELLER is unable to deliver the product subject to the Contract in due time due to force majeure circumstances, such as the occurrence of unforeseen and unforeseeable circumstances which are beyond the will of the parties and which prevent and/or delay the parties from fulfilling their obligations. BUYER shall also have the right to request SELLER to cancel the order, to replace the product subject to the Contract with a comparable product, if any, and/or to postpone the delivery period until the removal of the preventive situation. If the order is canceled by BUYER, the product amount shall be paid to BUYER in cash and in lump sum within 14 days for payments made by BUYER in cash. For payments made by BUYER by credit card, the product amount shall be returned to the relevant bank within 14 days after the order is canceled by BUYER. BUYER acknowledges that the average process of reflecting the amount refunded by the SELLER to the credit card to BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount to BUYER's accounts after the return of this amount to the bank is entirely dependent on the bank's transaction process.

9.9. With the signing of this Agreement, SELLER has the right to reach BUYER via the address, e-mail address, fixed and mobile telephone lines and other contact information reported in ANNEX-1 and updated by BUYER later, by sending letters, e-mails, SMS and making phone calls and using other means for communication, for marketing, notification and other purposes. By accepting this Agreement, BUYER accepts and declares that SELLER may engage in the above-mentioned communication activities towards BUYER.

9.10. BUYER shall inspect the goods/services subject to the Contract before receiving them and shall not receive any damaged and defective goods/services such as dents, broken, torn packaging, etc. from the cargo company. The delivered goods/services shall be deemed to be undamaged and intact. The obligation to carefully protect the goods / services after delivery belongs to BUYER. If the right of withdrawal is to be used, the goods / service should not be used. The invoice must be returned.

9.11. In the event that BUYER and the credit card holder used during the order are not the same person or in the event that a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to BUYER, SELLER may request BUYER to submit the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the cardholder's bank stating that the credit card belongs to him/her. The order will be frozen until BUYER provides the information/documents subject to the request, and SELLER has the right to cancel the order if the aforementioned requests are not met within 24 hours.

9.12. BUYER declares and undertakes that the personal and other information provided by SELLER while becoming a member of SELLER's website is accurate, and that BUYER will compensate all damages that SELLER may incur due to inaccuracy of this information immediately, in cash and in lump sum upon SELLER's first notification.

9.13. BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate the same while using the SELLER's website. Otherwise, all legal and penal liabilities arising therefrom shall bind BUYER fully and exclusively.

9.14. BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harasses others, for any purpose contrary to the law, or infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

9.15. SELLER's website may be linked to other websites and/or other contents that are not under SELLER's control and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease of navigation to the BUYER and do not endorse any website or the person operating that website and do not constitute any guarantee for the information contained in the linked website.

9.16. Any Member who violates one or more of the provisions of this Agreement shall be criminally and civilly liable for such violation and shall hold SELLER harmless from the civil and criminal consequences of such violations. In addition, due to this violation, if the incident is brought to the legal field, SELLER reserves the right to claim compensation against the member for non-compliance with the membership Contract.

 

10. RIGHT OF WITHDRAWAL

10.1. If the distance contract is related to the sale of goods, the BUYER may exercise his right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him or to the person/organization at the address he has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he notifies the SELLER. In distance contracts regarding service provision, this period starts from the date of signing the contract. The right of withdrawal may not be exercised for service Contracts for which the performance of the service has commenced with the consent of the consumer before the expiry of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the provisions of "Products for which the Right of Withdrawal cannot be Exercised" regulated in this Contract. In case this right is exercised, 

a) The invoice of the product delivered to the third party or BUYER (if the invoice of the product to be returned is corporate) must be sent together with the return invoice issued by the institution when returning. Returns of orders whose invoice is issued on behalf of institutions will not be completed unless the RETURN INVOICE is issued.

b) The return form must be filled out,

c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.

d) SELLER is obliged to return the total price and the documents that put BUYER under debt, to BUYER, within a period of 10 days at the latest from the receipt of the notice of withdrawal and to receive the goods back within a period of 20 days.

e) If, due to BUYER's fault, the value of the goods decreases or the return becomes impossible, BUYER shall be obliged to compensate the SELLER for the damages in proportion to its fault. However, BUYER shall not be liable for any changes and deterioration caused by the proper use of the goods or products within the right of withdrawal period. 

f) In the event that the right of withdrawal is exercised and the campaign limit amount issued by SELLER falls below the campaign limit amount, the discount amount used within the scope of the campaign will be canceled.

 

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Return of products that are prepared in accordance with BUYER's request or explicit personal needs and are not suitable for return, underwear bottoms, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoilage or are likely to expire, products that are not suitable for return in terms of health and hygiene if the packaging is opened by BUYER after delivery to BUYER, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription contract, services rendered instantly electronically or intangible goods delivered instantly to the consumer, audio or video recordings  books, digital content, software programs, data recording and data storage devices, computer consumables whose packaging has been opened are not possible in accordance with the Regulations. In addition, before the expiration of the right of withdrawal period, it is not possible to exercise the right of withdrawal regarding the services started to be performed with the approval of the consumer in accordance with the Regulation.

Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untested, unspoiled and unused in order to be returned.


12. DEFAULT AND LEGAL CONSEQUENCES THEREOF

BUYER accepts, declares and undertakes that if it defaults in the event of payment transactions by credit card, BUYER shall pay interest and be liable to the bank in accordance with the credit card Contracts between it and the card issuing bank. In this case, the relevant bank may take legal action and may demand BUYER's costs and attorney's fees from BUYER and in any case, BUYER agrees that in the event it defaults on its debt, it shall pay the damages and losses incurred by SELLER due to the delayed performance of the debt

 

13. AUTHORIZED COURT

Complaints and objections regarding disputes arising from this contract will 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 provided below: 

As of 28/05/2014, applications are as follows:

a) In disputes with a value below 2,000.00 (two thousand) TL, in accordance with Article 68 of the Consumer Protection Law No. 6502: District consumer arbitration committees,

b) In disputes with a value below 3,000.00 (three thousand) TL: Province consumer arbitration committees,

c) In cases of disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL in provinces with metropolitan status: Province consumer arbitration committees.
This Agreement is made for commercial purposes.

14. ENFORCEMENT

The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.

SELLER: Casi Paped Turizm Reklam ve Organizasyon TİC. LTD. ŞTİ.

BUYER:

DATE: 

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