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Distance Sales Agreement

DISTANCE SALES AGREEMENT

 

ARTICLE - 1.1

It is the Virtual Sales Agreement between Be'Calm Online and the Customer.

ARTICLE - 1.2

The subject of this contract is the Law No. 4077 on the Protection of Consumers regarding the sale and delivery of the product, whose qualities and sales price are stated below, that the seller sells to the buyer; It covers the rights and obligations of the parties in accordance with the provisions of the Regulation on Implementation Principles and Procedures of Distance Contracts.

ARTICLE - 2 SELLER INFORMATION

Seller: Be'Calm Online

Mersis no: 

Address: 5747/3 Sokak No: 9 MTK SiteÇamdibi, Bornova / İZMİR

Email: info@becalmonline.com

ARTICLE - 3 BUYER INFORMATION

All members: All buyers who are members of Be'Calm Online and shop. (hereinafter referred to as buyer or customer).

ARTICLE - 4 SUBJECT OF THE CONTRACT AND PRODUCT INFORMATION

Goods/Products or Services; Type, Quantity, Brand/Model, Color, Number, Sale Price and Payment Method are as stated on the site, and these promises may change without notifying the buyer.

ARTICLE - 5 GENERAL PROVISIONS

5.1 – The BUYER declares that he has read all the preliminary information regarding the basic characteristics, sales price, payment method and delivery of the product subject to the contract specified in Article 4, and has given the necessary confirmation in electronic environment.

5.2 – The product subject to the contract is delivered to the buyer or the person or organization at the address indicated in the preliminary information, depending on the distance of the buyer's place of residence for each product, provided that it does not exceed the legal 30-day period.

5.3 – If the product subject to the contract is to be delivered to a person or organization other than the buyer, the SELLER cannot be held responsible if the person or organization to be delivered does not accept the delivery.

5.4 – The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and together with the warranty documents and user manuals, if any.

5.5 – For the delivery of the product subject to the contract, this contract must be approved electronically and the sale price must be paid in the form of payment preferred by the buyer. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

5.6 – Unlawful or unlawful use of the buyer's credit card by unauthorized persons after the delivery of the product, not due to the buyer's fault

If the relevant bank or financial institution does not pay the product price to the SELLER due to the reason, the BUYER has to send the product delivered to the SELLER himself or the person or institution specified in the sales contract within 3 working days. In such a case, the shipping costs are the responsibility of the buyer.

5.7 – If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the buyer of the situation. In this case, the buyer may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In the event that the buyer cancels the order, the SELLER attempts to cancel the credit card receipt belonging to the buyer and return the relevant amount to the buyer's account within 14 days, and the transaction is notified to the BUYER via e-mail. In such a case, the SELLER cannot be held responsible for delays caused by the relevant bank.

5.8 – In case the products delivered to the person and/or institutions that the BUYER and/or the BUYER want to be delivered are defective or broken, the relevant product or products are sent to the SELLER, from the date of receipt by the BUYER, in order to carry out the necessary repair or replacement within the warranty conditions. It is sent within 14 days starting from the beginning and shipping costs are borne by the BUYER.

5.9 - Circumstances that did not exist and were not foreseen at the date of signing of the contract, that developed beyond the control of the parties, that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time, force majeure (of course) disaster, war, terrorism, riot, legislative provisions, seizure or strike, lockout, major malfunction in production and communication facilities, weather opposition and similar cases). In the event that the product/products subject to the contract cannot be delivered within the period due to force majeure, Be'Calm Online will notify the situation within 3 (three) days. One of the rights of postponement may be exercised until its withdrawal. If the order is canceled, the amount paid will be refunded by Be'Calm Online within 14 (fourteen) days.

5.10 - Be'Calm Online does not hold stock for the hundreds of thousands of products it sells, like all virtual shopping sites, but also produces. It supplies/produces products according to the orders of its customers. Although the lists for all products are updated every day, some ordered products may be out of stocks of the supplier organizations. In such cases, you will be informed by e-mail by our relevant department and the product price will be refunded to your card.

5.11 If your packages are not delivered within the specified timeframes during your shopping, you can send an e-mail to info@becalmonline.com. Package tracking can be done by calling the Cargo Company or by the customer. Package delivery

After receipt, it is deemed to be accepted that the cargo company has done its duty duly. For this reason; Packages that are found to be damaged during delivery should not be accepted and a report should be attached. Afterwards, a copy of the report should be sent to info@becalmonline.com by e-mail. Be'Calm Online will re-supply the product and re-delivery as soon as possible.

5.12 - Be'Calm Online reserves the right to make changes in the features, designs and materials of the products in the product catalog when it deems necessary, provided that they do not change their quality and appearance. Although the prices on the website and/or mobile application and in the Catalog are valid for the period specified on the site, the application and the front cover, Be'Calm Online reserves the right to change the prices after this date. Be'Calm Online reserves the right to change prices in case of extraordinary economic conditions and changes in tax laws beyond Be'Calm Online's control. No liability can be attributed to Be'Calm Online for printing errors on its website and/or mobile application and in the Catalogue, which are beyond Be'Calm Online's control. Be'Calm Online reserves the right to correct such errors. Be'Calm Online is not responsible for any damage or damage that may occur as a result of not complying with the usage style written in the individual user manual of our customers. Some products whose prices and descriptions are not specified in the photographs are not included in our product range and have been added for information and visual purposes only. The label price written on the product is valid. Be'Calm Online reserves the right to correct such errors. It is important to update the version in mobile applications. Although the version has been updated by Be'Calm Online, no responsibility can be attributed to Be'Calm Online for errors or problems that may arise if the user uses the old version.

5.13 - The member cannot use the Be'Calm Online website and portal services and in any way disrupt public order, violate general morality, disturb or harass others, for an unlawful purpose, infringing on the intellectual and copyright rights of others, the services they receive It cannot be made available to third parties, subject to commercial activities such as leasing or offering for sale. In addition, the member cannot engage in activities (spam, viruses, trojan horses, etc.) and transactions that prevent or make it difficult for others to use the services.

5.14 - The member will not be responsible for the reading of the member data by unauthorized persons and the damages that may occur to the member software and data. The Member has agreed in advance not to claim compensation from Be'Calm Online for any damage he may incur due to the use of the Be'Calm Online website and portal services.

5.15 The Member has agreed not to access or use other internet users' software and data without permission. Otherwise, the legal and penal responsibilities arising from this will belong to the member completely.

5.16 - The member who violates one or more of the articles listed in this membership agreement is personally liable criminally and legally for this violation, and Be'Calm Online will keep it separate from the legal and penal consequences of these violations. Moreover; If the case is transferred to the legal field due to this violation,

Be'Calm Online reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

5.17 - Be'Calm Online always has the right to unilaterally delete the member's membership and delete the customer's files, documents and information when necessary. The member accepts this savings in advance. In this case, Be'Calm Online has no responsibility.

5.18 - Be'Calm Online does not guarantee or guarantee the accuracy, completeness, adequacy and up-to-dateness of any information on the Be'Calm Online website in any way. The user cannot in any way claim that the information and/or portal services on the website are inaccurate or that he has suffered damage based on this information. Be'Calm Online may change, correct and/or remove such information and/or portal services at any time without the need for prior notice and/or warning in any form or form. Be'Calm Online has taken every precaution to ensure that its website and portal services are error-free. However, no guarantee is given for errors that exist or may occur on the site.

5.19 - The materials and documents on the Be'Calm Online website cannot be changed, copied, reproduced or republished by the member in any way.

5.20 - Be'Calm Online may change, update or cancel the terms of the membership agreement at any time without the need for prior notice and/or warning in any form or form. Any provision changed, updated or repealed will be effective for all members at the time of publication.

5.14- This contract becomes valid after it is electronically approved by the buyer (after membership is completed) and delivered to the Be'Calm Online address.

ARTICLE - 6 RIGHT OF WITHDRAWAL:

The buyer has the right to withdraw within fourteen (14) days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order for the right of withdrawal to be exercised, the SELLER must be notified by e-mail within this period and the product must not be used within the framework of the provisions of Article 7 and the packaging must not be damaged. In case this right is exercised, it is obligatory to return the original sales invoice and a copy of the cargo delivery report stating that the product delivered to the 3rd party or the Buyer has been sent to the SELLER. Within 14 days following the receipt of these documents, the SELLER makes an attempt at the relevant bank to return the product price to the BUYER's credit card account. The SELLER cannot be held responsible for the problems on the bank's part in the return of the product price. If the original sales invoice is not sent, the value added tax and other legal obligations, if any, are not refunded. The shipping cost of the product returned due to the right of withdrawal belongs to the BUYER.

 

ARTICLE - 7 TERM AND TERMINATION OF THE AGREEMENT:

This contract enters into force with the declaration of acceptance by the Member. Although the Be'Calm Online contract is deemed to have been accepted by presenting the contract to the Member, the contracts not approved by the Member cannot be used against Be'Calm Online.

This agreement will remain in effect until the member cancels his/her membership or Be'Calm Online cancels his/her membership. Be'Calm Online will be able to terminate the contract unilaterally by canceling the membership of the member in case the member violates any provision of the membership agreement.

ARTICLE 8 RESOLUTION OF DISPUTES:

Denizli Courts and Enforcement Offices are authorized in disputes related to this contract.

ARTICLE - 9 FORCE:

Membership registration means that the member has read all the articles in the membership agreement and accepted the articles in the membership agreement. This Agreement was concluded at the time of the member's membership and entered into force mutually. It is sufficient to be approved by the member in electronic environment, and the signature of the member will not be sought.

 

On the Be'Calm Online website, you read the essential information about the essential qualities, features, sales price including VAT, payment and delivery method, and supply and delivery times of all the products that are the subject of the contract, and that you have all the information about the products and in line with this information, you You accept and declare that you give consent. The person shopping from Be'Calm Online is deemed to have read, accepted and confirmed all the above items electronically.

Privacy and Security

CONFIDENTIALITY AGREEMENT

 

It is our duty to protect your personal information and ideas that you share with us by participating in Be'Calm Online. The following principles define how we will treat this personal information and your ideas.

 

(1) Information We Collect We may collect, store and use the following personal information: (a) Information about your visit and use of the Site. (b) Information about any transaction and application you make on the site. (c) Information you provide to become a member of the site and to benefit from online services (2) Site Visit Information During your visit to our site, we may collect information such as your IP address, geographic location, web browser type, sender source, duration of visit and number of page/content views. We may use this information for the administration of the site, increasing the usability of the site and for marketing purposes.

This site uses 'cookies'. The text file sent by the web server to the web browser and saved by the browser is called a cookie. This cookie file is sent back to the server every time the browser requests a page from the server. In this way, the web server identifies and tracks your browser.

We may send you cookies to be saved on your computer's hard drive. We can use the information we obtain from these cookies for the purposes of managing the site, increasing the usability of the site and marketing. We may also use this information to recognize your computer when you visit our site and to personalize the site for you. Apart from this, our advertising providers may also send you cookies.

Most browsers have settings that prevent accepting cookies. For this, check your browser's help files. However, if you do not accept cookies, you will greatly reduce usability when using many sites, including ours. (3) Use of Personal Information The personal information you provide to this site is used for the purposes specified in the privacy policy or described on the relevant pages.

In addition to the uses specified in the other articles of the privacy policy, your personal information may be used for the following purposes:

(a) To make your visit more efficient by personalizing the site. (b) To send information that may be of interest to you, other than for marketing purposes, via e-mail, a message through the site or a similar system. (c) To send information about our club for marketing purposes and which we think will be of interest to you, via the site or by e-mail if you accept it. (d) To provide information to other companies for statistical purposes only but will not be used to identify you.

Unless you have given your consent, your personal information will not be shared with third parties for direct marketing purposes. (4) Other Information In addition to the purposes specified in the other articles of the privacy policy, we may use your personal information for the following reasons:

(a) To the extent required by law, if required by us. (b) Due to legal investigations that have been or will be opened. (c) To protect our legal rights (including to provide information necessary to prevent fraud).

As stated in these privacy policies, we will not share your personal information with third parties. (5) International Data Flow Your information and ideas we collect from you may be stored or processed in other countries where we operate, provided that they are used in accordance with these privacy principles. (6) Security of Personal Information

We will take the necessary measures to prevent the loss, misuse and alteration of your personal information and ideas. However, because data flow over the Internet is inherently insecure, we cannot guarantee the security of such data flowing over the Internet.

It is your responsibility to keep your password confidential. No one will ever ask you for your password. The site administration cannot access your password without your knowledge and consent.

(7) Be'Calm Online never requests information such as credit card or password via e-mail or telephone.

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