This Distance Sales Contract (“Contract”) regulates the parties’ rights and obligations concerning the sale and delivery of the product(s) (“Product”) specified below to be purchased by the Purchaser by ordering from the Vendor’s electronic commerce website www.ennush.com (“Website”) and other issues in accordance with Article 48 of the Consumer Protection Law No. 6502 (“Law”) and the Regulation on Distance Contracts (“Regulation”) published in the Official Gazette dated 27.11.2014 numbered 29188 with regard to this Law. Following the Purchaser’s acceptance of this contract on the Website, the Purchaser’s selected payment method shall be used to collect the Product’s price and cost.
Article 1 – Product, Price, Payment, and Delivery Details
The Product’s kind, type, quantity, brand, model, color, unit price, sale price, shipment fee, payment and collection information, delivery information, including the Purchaser’s specified delivery location, and other details are displayed to the Purchaser on the Website. If the shipping company does not have a branch at the Purchaser’s location, the Purchaser should receive the Product from a nearby branch, of which the Vendor shall notify. The Vendor shall provide the Purchaser with the necessary information regarding the issue (via e-mail, SMS, or phone call). Other delivery-related issues are addressed in Article 4 of the Contract.
Article 2 – The Vendor’s Obligation to Pre-Inform
In accordance with Regulation Article 5, the Purchaser has been informed prior to the conclusion of this Contract on all the issues listed below by the Vendor on the relevant Internet Site:
1. The primary features of the Product subject to the Contract,
2. The Vendor’s title, Central Registration System no,
3. The full address, phone number, and other contact information for the Purchaser that enables them to contact the Vendor,
If the Vendor has different contact information than those listed in subparagraph (c) for the Purchaser to submit complaints, relevant information,
The Product’s total price, including all taxes and duties including customs tax and duties if any, the price calculation method in cases the price cannot be calculated in advance due to the product’s quality, shipment, delivery, and any additional expenses if any, and the information that if these cannot be calculated in advance, the additional expenses can be paid,
Payment, delivery, and fulfillment information, as well as any related commitments and the Vendor’s methods for resolving the complaints,
The open address, fax number, and electronic mail information to which the notification of withdrawal shall be submitted,
The information regarding that in cases where the right of withdrawal cannot be used -in circumstances where the product’s security label is removed, destroyed, or damaged in any way as the details specified on the Website and the Contract- the Purchaser cannot benefit from the right of withdrawal,
The deposits or other financial assurances to be paid or provided by the Purchaser if any, on Vendor’s request, and the related conditions,
Technical protection measures that may affect the digital content’s functionality, if any,
The information about with which hardware or software the Vendor’s digital content can be used,
The information that the consumers can apply to Consumer Court or Consumer Arbitration Committee regarding the disputes,
This information is a part of the Contract and shall not be changed unless the Parties expressly agree otherwise.
The information in this article’s paragraphs (a), (e), (g), and (i) are also transparently presented to the Purchaser by the Vendor prior to the Purchaser entering a payment obligation.
Article 3 – The Purchaser’s Right of Withdrawal, Use of Right of Withdrawal, Circumstances Where the Right of Withdrawal is Abolished
Unless the security label has been removed, destroyed, or damaged, in which case the right of withdrawal is abolished, the Purchaser shall have the right to withdraw from the Contract within 14 (fourteen) days without providing any reason and without paying a penalty clause. The duration for the right of withdrawal shall commence on the day the Product is received by the Purchaser or the third party designated by the Purchaser. The Purchaser can use their right of withdrawal within the time between the contract being formed and the time the Product is delivered.
The Purchaser can use their right of withdrawal by sending an email to the Vendor’s email@example.com address with a clear statement outlining their decision to withdraw within the legal period of 14 (fourteen) days. The Purchaser shall be obliged to state their name and surname, address, date of order, date of delivery, the product subject to the right of withdrawal, and the price of the product to the Vendor in this clear statement. The Purchaser shall bear the burden of proof regarding the use of the right of withdrawal.
The Vendor shall be obliged to return all payments, including the delivery expenses for the Product to the Vendor if any, within 14 (fourteen) days from receiving the notification that the Purchaser has used their right of withdrawal. The Vendor shall issue refunds at one time and in accordance with the payment method used by the Purchaser when purchasing the product, without imposing any expense or obligation on the Purchaser.
When the right of withdrawal is used and the product is returned via the carrier specified by the Vendor, the Purchaser cannot be held accountable for the expenses of the return. In a case where the Vendor did not specify any carrier for return, the Purchaser cannot be charged for any return expense. If the carrier identified in the pre-information does not have a branch close to the Purchaser’s location, the Vendor shall be obliged to ensure that the goods to be returned are collected from the consumer without charging any additional expenses.
Unless the Vendor proposes that they shall take the Product, the Purchaser is obliged to return the Product to the Vendor, or the person authorized by the Vendor within 10 (ten) days after the Purchaser submitted the notification that they used their right of withdrawal.
Within the scope of this Contract herein, if the Purchaser removes the security tape on the Product, or this security tape is damaged in any way, the Purchaser shall not use their right of withdrawal due to the features of the Product. The security tape must remain on the Product when the Purchaser tests it. The Purchaser is recommended to remove the security tape only when they are certain they shall not be returning the Product. The fact that the security tape has been removed or damaged, shall pose an impediment to the use of the right to withdrawal by the Purchaser due to the nature of the Product. The Purchaser acknowledges that they cannot use the right of withdrawal if the security tape is removed.
Article 4 – General Provisions
The Vendor shall carry out the execution within the promised time period, beginning on the date the order is received. Within the scope of this Contract, this period cannot exceed 30 (thirty) days under any circumstances. If this period is exceeded, the Purchaser may terminate the Contract. If the Contract is terminated, the Vendor shall refund all the payments received, including the delivery expenses if any, within 14 (fourteen) days of receiving the withdrawal notification. The return is made in accordance with the payment method used by the Purchaser when paying the Product’s price to the Vendor. For example, if the price is paid by credit card, the return transaction is conducted by returning to the Purchaser’s credit card, and the Product price is returned to the same bank within the same period after the Purchaser cancels the order; since the amount’s deposition to the Purchaser’s account after this amount is returned to the bank by the Vendor is entirely related to bank’s transaction process, the Purchaser accepts beforehand that the Vendor cannot intervene in any way and undertake any responsibility (bank transactions to deposit the return into the Purchaser’s account can take up to three weeks). The Vendor has accounting, discount, and deduction rights in relation to the price to be returned arising from this Contract and the law, and these rights are reserved. The Purchaser’s legal rights are reserved and exist regarding the cases where the Purchaser terminates the Contract due to the Vendor not conducting their execution.
If the delivery of the Product subject to the order becomes impossible (carrying out the execution for the good becomes impossible), the Vendor shall notify the Purchaser in writing within 3 (three) days of being notified of the situation, and return all expenses received, including delivery expenses if any, within 14 (fourteen) days at the latest of the notification date.
If the Purchaser requests that the Vendor ship the Product via a carrier other than the one determined by the Vendor, the Vendor shall not be liable for any loss or damage that may occur after the Product has been delivered to the relevant carrier.
The Product is shipped and delivered by the Vendor via the contracted cargo company. If this cargo company does not have a branch near the Purchaser’s location, the Purchaser must receive the Product from another nearby branch of the relevant cargo company, of which the Vendor has notified the Purchaser.
Unless otherwise specified, the Purchaser shall be responsible for all delivery expenses (shipping fees, etc.) in general. The Vendor may not hold the Purchaser fully or partially liable for the delivery expenses in question, depending on the campaigns run during the sale, the terms of which are announced on the Website. In cases where the right of withdrawal is used for all or a portion of the products subject to the order (from which the Purchaser benefits if any) and the Vendor’s free shipping (delivery) campaign falls below the minimum shopping amount, all the delivery-cargo price that was not received within the scope of the campaign is received by offsetting from the amount to be returned to the Purchaser. (If the Purchaser paid for shipping and delivery, these costs are refunded.). Suchlike, in cases where the Purchaser bought products with a discount or for free (gift) of the same nature, via shopping at the minimum amount of any campaign of the Vendor, or the Purchaser won/used a gift certificate etc., as a result of using the right of withdrawal for all or a portion of the products subject to the order, it has fallen below the minimum price in question or the must of winning/using a gift certificate has been eliminated, thus, in other words, if the Purchaser violates or disregards the campaign utilization conditions/obtainment and use conditions, the full discount/reduction (or the gift product’s price if any) is offset from the amount to be returned to the Purchaser, and if insufficient, the amount is obtained from the payment method used during the shopping (including the credit card, etc.); if the Purchaser has won a gift certificate (virtual or physical), this is cancelled, and if the Purchaser used a (virtual or physical) gift certificate, points etc. the whole price is collected from the amount to be returned to the Purchaser, if in sufficient, the amount is obtained as aforementioned. These provisions apply to all instances in which the Product is returned and instances in which the right of withdrawal is used, except for defective products.
If the Purchaser is not present at their address during the delivery of the Products and the people at the address do not accept the delivery, the Vendor shall be deemed to have carried out their relevant execution. If there is no one to receive at the address, the Purchaser is liable to monitor the products’ delivery by contacting the cargo company. If the Product is to be delivered to another person or institution, the Vendor cannot be held accountable if the person or institution to whom the Product is to be delivered is not available at the address. In such cases, the Purchaser must pay for any damage caused by receiving the product late, as well as any expenses incurred as a result of the product waiting in the cargo company and/or the cargo being returned to the Vendor.
The Purchaser shall be responsible for inspecting the Product as soon as they receive it, and in case they discover a problem caused by the cargo, not accepting the Product, and requesting that the cargo company authority record the minutes. Otherwise, the Vendor shall have no liability.
Before receiving the Product, the Purchaser must pay the full purchase price, unless otherwise stated in writing by the Vendor. In case the price is not paid in full to the Vendor in outright sales or if the installment amount is not paid in installment sales, the Vendor may unilaterally terminate the Contract and refuse to deliver the Product. The Purchaser must return the Product to the Vendor within 3 (three) days at the latest if the bank/financial institution that issued the credit card used for the transaction does not pay the product’s price to the Vendor or requests the price be refunded. If the price is not paid due to the Purchaser’s fault or negligence, the Purchaser shall be responsible for the shipping expenses. All other contractual-legal rights of the Vendor, including the right to pursue the Product price without accepting the return, are also and without exception reserved. For the avoidance of doubt; when the Purchaser pays the sale price via the credit card, installment card, or other card issued by the banks (including financial institutions), all of the opportunities provided by these cards are the opportunities for credit and/or installment payment directly provided by the institution that issued the card; the Products sales within this scope and for which the Vendor collected the price outright or gradually are not sales on credit or installment sales, but outright sales. Within the scope of the relevant legislation, the Vendor shall have legal rights in cases legally considered installment sales (including the right to terminate the agreement and/or demand payment of all the remaining debt with default interest if the installments are not paid), and these rights are reserved. In the case of the Purchaser’s default, the default interest shall be implemented monthly in accordance with the applicable laws.
The Vendor shall notify the Purchaser if the Product cannot be delivered within the legal maximum period of 30 days due to exceptional circumstances (adverse weather conditions, heavy traffic, earthquake, flood, fire, etc.) other than the normal sale/delivery conditions. In this case, the Purchaser shall have the option of canceling the order, ordering a similar product, or waiting until the exceptional circumstance passes.
If it is understood that the Vendor shall be unable to supply the Product under the Contract, the Vendor may supply another good/service of the same quality and price and is deemed to have fulfilled their commitment under the Contract, provided that the Vendor notified the Purchaser using the legal method and obtained their verbal/written approval within three (3) days of being notified of the situation. The Purchaser shall have complete discretion over whether to grant the requested approval and if they decline, the contractual-legal provisions regarding order cancellation (contract termination) are implemented.
Some of the written aspects regarding the pre-information stated in the 2nd Article may not be included in this Contract due to their natures; however, they are included in the Pre-Information on the Website viewed/approved by the Purchaser, as well as the Website’s sales stages or general information pages/sections depending on their relevance.
The Purchaser can always access and review the Information and Contract sent to their notified email address following acceptance, by saving the relevant email on their devices. On the other hand, this information shall be stored for 3 (three) years in the Vendor’s systems.
In the settlement of all disputes that may arise from this Contract, the Vendor’s records (including the records in the computer environment) shall be considered evidence; the Parties’ rights arising from the relevant mandatory legal regulations regarding this matter shall be valid and reserved.
Article 5 – Settlement of Disputes
Within the monetary limits annually determined and announced by the Ministry of Trade as required by law, the Provincial and District Consumer Arbitration Committees shall oversee disputes arising out of this Contract, and the Consumer Courts in situations exceeding these limits. The Purchaser may apply to Arbitration Committees and Consumer Courts in their location or, if they prefer, in the Vendor’s location.
Article 6 – The Rules Regarding the Security, Confidentiality, Personal Information, Electronical Communication, and Intellectual Property Rights
To the best of present technical possibilities, the necessary measures for the safety of the information submitted to the Website and the transactions conducted by the Purchaser have been implemented in the system infrastructure on the Vendor’s side, in accordance with the nature of the information and transaction. On the other hand, because the information in question is submitted through the Purchaser’s device, taking the necessary precautions to protect the information, including those against threats such as viruses and similar, shall be the Purchaser’s responsibility.
The Purchaser’s personal data shall be processed in accordance with personal data protection legislation and electronic commerce legislation, based on their approval and permission for their personal data and commercial electronic communication otherwise.
The Purchaser can always stop the data processing by contacting the Vendor through the communication channels specified, or the communication by using their right to refuse granted in the electronic communications sent to them. In accordance with the Purchaser’s explicit notification regarding this matter, the personal data processing and/or electronic communications shall be stopped within the legal maximum period; and if the Purchaser so chooses, their information is deleted from the data recorder system or anonymized so their identity cannot be determined, except for the data that must or may be legally stored. If they so choose, the Purchaser can always contact the Vendor via the aforementioned communication channels and obtain information on the following: the transactions regarding the personal data processing, to whom they are transferred, correction if the data are missing or incorrect, the notification of the corrected information to the relevant third persons, deleting or destroying the data, objection to a conclusion against them based on the analysis of the data via automatic systems, and the recovery of damage suffered due to illegal data processing if happens. Their applications and requests pertaining to these matters shall be fulfilled within the maximum legal period, or they shall be denied with a legal explanation to the party.
Except for the rights belonging to third parties by the contract with the Vendor, all intellectual property rights regarding all types of information and content on the Website, their regulation, revision, and full/partial use shall belong to the Vendor.
The Vendor reserves the right to make any modifications they deem necessary; these modifications shall take effect after the Vendor announces them on the Website or other appropriate methods.
In the other websites accessed via the Website, their privacy and security policies shall be valid, and the Vendor shall not be liable for possible disputes and negative consequences.
Article 7 – The Purchaser’s Confirmation
The Purchaser declares that they have accepted that they have read all of the conditions and explanations written in this Contract as well as the order and contract pre-information on the Website, which is an integral part, had prior knowledge of the matters outlined in this Contract’s Article 3 including the Product’s basic features and qualifications, sale price, method of payment, delivery conditions, all other pre-information on the Vendor and the Product subject to sale, right of withdrawal, the personal information, and electronic communication, saw all of this on the Website and in the electronic environment, ordered the Product, and accepted the terms of this Contract by granting confirmation, approval, acceptance, and permission in the electronic environment.
The pre-information in question and this Contract are sent to the Purchaser’s e-mail address notified to the Vendor, and the confirmation that the order has been received is included in the mail in question along with the order summary.