Distance Sales Contracts
Distance Sales Contract for Face-to-Face Trainings in the Workshop
ARTICLE 1 - DEFINITIONS :
In the application and interpretation of the Distance Selling contract, the terms written below will express the written explanations opposite them.
SALES PERSON : Indicates the person who offers this Training and sells products and services to those who purchase the Training within the scope and content determined by him.
BUYER : Refers to real persons who purchase Training, receive services related to this Training, purchase products related to Training, acquire, use or benefit from a good or service or training for non-commercial or non-professional purposes through the website or mobile device application determined by the SELLER.
WEBSITE : The medium through which the SELLER sells its Education, services and products to the BUYER over the internet or via mobile device application, and is referred to as “www.minekeskin.com” or its mobile application in this agreement.
PLACE WHERE TRAINING WILL BE PROVIDED : The content of the training will be specified on the SELLER's "www.minekeskin.com" website or mobile application or in the e-mail that can be sent for confirmation purposes, and for Face-to-Face Training, unless otherwise stated, the physical address where the Training will be given is "Kazımdirik Mahallesi 217 Sokak No:21/A Bornova/İZMİR". In Online Training, it is the training that is provided over the internet and with information technology tools.
NUMBER OF PEOPLE TO BE GIVEN TRAINING : In Face to Face Training, it is the maximum number of people to whom Face to Face Training will be given, as specified in the contract on the SELLER's "www.minekeskin.com" website or mobile application or in the e-mail that can be sent for confirmation purposes.
DATE ON WHICH THE TRAINING WILL BE PROVIDED: In case of Face to Face Training, the dates on which the Face to Face Training will be provided, as specified in the contract, are indicated on the SELLER's "www.minekeskin.com" website or mobile application or in the e-mail that can be sent for confirmation purposes.
PRODUCT : It covers ONLINE TRAINING, FACE TO FACE TRAINING, services provided in connection with these Trainings and materials, food products, all kinds of movable goods and products provided in connection with and in accordance with these Trainings, sold to BUYERS on the “www.minekeskin.com” website or mobile device application. (Hereinafter, in this contract, Training will be referred to as service and product or Training or FACE TO FACE TRAINING)
AGREEMENT : Contains the terms and obligations of the sales transaction made by the SELLER to the BUYER via the “www.minekeskin.com” website or mobile device application. This Agreement covers the purchases, training, deliveries made by the BUYER via the “www.minekeskin.com” website or mobile device application belonging to the SELLER and the rights and obligations of the parties related to these.
LAW : Refers to the Consumer Protection Law
REGULATIONS : Refers to the Distance Sales Regulation.
ARTICLE 2 - PARTIES TO THE CONTRACT :
Sales person : MİNE KESKİN (Hereinafter referred to as SELLER in this contract)
Address : Kazimdirik District 217 Street No: 21/A Bornova/IZMIR
Tax Office and Number: 292 850 11 402 VD - Bornova
Telephone : 531 458 98 28
Web Address : “www.minekeskin.com”
Email Address: info@minekeskin.com
Buyer : ……………….(Hereinafter referred to as BUYER in this contract)
Address : ………………
Telephone : ……………….
Email Address : ………………..@.............com
BUYER is the person who purchases Training, receives services related to this Training and purchases products related to Training through the website or mobile device application determined by SELLER and whose personal information is entered.
The address and contact information of the person who is a member of the “www.minekeskin.com” website as the BUYER or who enters personal information without being a member is taken into account.
ARTICLE 3 - SUBJECT OF THE AGREEMENT :
ARTICLE 3 - SUBJECT OF THE AGREEMENT :
This Distance Selling Contract has been established electronically between the SELLER and the BUYER, the information of which is written below, within the framework of the terms and conditions specified below.
This Distance Selling Contract has been prepared in accordance with the Law on Consumer Protection and the Distance Contracts Regulation, and the parties to the Contract accept, declare and undertake that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Distance Contracts Regulation within the framework of the contract.
The subject of this contract is the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law and the Distance Contracts Regulation, in relation to the sales for which the BUYER has given approval-order electronically or via e-mail for the purchase of the Training to be provided by the SELLER at the place where the Training will be given, the services provided in connection with this Training and the products provided in connection with this Training and in accordance with the Training, in accordance with the qualities, features and pricing specified on the SELLER's "www.minekeskin.com" website or mobile application.
The BUYER accepts, declares and undertakes that he/she is informed about the basic characteristics, sales price, payment method, etc. of the FACE TO FACE EDUCATION, service and products subject to sale, and all preliminary information and right of withdrawal regarding the FACE TO FACE EDUCATION, service and product subject to sale, that he/she has confirmed this information electronically and then ordered and approved FACE TO FACE EDUCATION, in accordance with the provisions of this contract.
The Preliminary Information and Invoice on the payment page of the “www.minekeskin.com” website or mobile application are integral parts of this agreement.
ARTICLE 4 - MATTERS ABOUT WHICH THE BUYER IS INFORMED :
ARTICLE 4 - MATTERS ABOUT WHICH THE BUYER IS INFORMED :
The BUYER accepts that he/she has reviewed, read, understood and provided with the necessary information in all general and special explanations in the relevant sections of these web pages before the establishment of this Agreement by the BUYER on the “www.minekeskin.com” website or mobile application or by giving approval-order via electronic e-mail and before placing the order and assuming the payment obligation.
BUYER-SELLER's title, contact information and current introductory information,
Appropriate tools and methods for the stages of the sales process when purchasing the Products from the website and for correcting incorrectly entered information,
The confidentiality, data usage-processing and electronic communication rules to the BUYER applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of exercising the rights of the Parties,
Shipping restrictions for the products as set forth by the SELLER,
Payment methods and instruments accepted by the SELLER for the Products subject to the contract, basic features and characteristics of the Products, total price including taxes (total amount to be paid by the BUYER to the SELLER, including relevant expenses),
Information on the procedures for delivering the Products to the BUYER and shipping-delivery-cargo costs,
Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, the responsibilities of the Parties in these matters,
Products and other goods-services for which the BUYER does not have the right of withdrawal,) In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the BUYER will lose the right of withdrawal if the right is not exercised within the specified period,
For Products with a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may deduct an amount it deems appropriate for the damage or change in question from the refund it will make to the BUYER.
In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return),
Details of the conditions (special conditions) for the BUYER to benefit from various opportunities that may be applied from time to time on the website,
ARTICLE 5 - FACE-TO-FACE EDUCATION, SERVICE AND PRODUCT SCOPE :
ARTICLE 5 - FACE-TO-FACE EDUCATION, SERVICE AND PRODUCT SCOPE :
The type, type, quantity, brand/model/color, what it covers, content, date, unit price and sales price of the FACE TO FACE TRAINING, service and product to be provided, payment method and information, delivery information including the delivery place notified by the BUYER, shipping fee and invoice information are as stated in the sales invoice.
The basic features of YUZUZE ETEĞİTİM, the type of product, type, quantity, features, brand/model/color, what it includes, content, date, unit price and sales price, payment method and information, delivery information including the delivery place notified by the BUYER, cargo fee and invoice information are as stated on the sales invoice and on the "www.minekeskin.com" website or mobile application.
Payment Method, Invoice and Delivery Address are as stated on the Delivery Note / Delivery Note Invoice / Invoice.
ARTICLE 6 - FACE TO FACE EDUCATION, SERVICE AND PRODUCT PRICE :
ARTICLE 6 - FACE TO FACE EDUCATION, SERVICE AND PRODUCT PRICE :
The price of the FACE TO FACE TRAINING, service and product with specified contents is shown on the “www.minekeskin.com” website or mobile application and is also included in the invoice sent to the BUYER.
The prices listed and announced on the “www.minekeskin.com” website or mobile application are the sales prices. The announced prices and qualifications are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
All taxes on the training, services or products subject to the contract are included in the sales price.
The name/title of the person who approved the contract must be the same as the name/title of the person who issued the invoice. The information about the BUYER must be correct and complete. The SELLER is not responsible for any damages that may arise from the inaccuracy or incompleteness of this information.
SELLER reserves the right to stop the Training, service or product, in short, the order, if it deems necessary, if the information provided by the BUYER does not match the truth. If SELLER detects a problem in the order and cannot reach the BUYER through the phone, e-mail or mail addresses provided by the BUYER, it will stop the order from being put into effect for 15 (fifteen) days. BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER will cancel the order in order to prevent damage to both parties.
SELLER is not responsible for price errors that occur due to system errors. Accordingly, SELLER is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website or mobile application. BUYER cannot claim any rights from SELLER based on system errors.
ARTICLE 7 - PAYMENT SCHEDULE :
ARTICLE 7 - PAYMENT SCHEDULE :
FACE TO FACE TRAINING orders can be placed via the “www.minekeskin.com” website or mobile application or via e-mail, by credit card (Visa, MasterCard , etc.) or bank transfer. Orders that are not paid within 1 (one) day from the date of order will be canceled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer or (EFT) has reached the SELLER’s bank accounts. Payment methods such as paid shipment or postal checks are not accepted.
Training classes include a limited number of BUYERS (students). If orders and payments are made from different BUYERS at the same time or on the same day, the maximum number of BUYERS to whom Training will be given will be exceeded and the Training class will be full, therefore, SELLER has the right to determine the persons to whom Training will be given from among the transactions for which payments have been made. BUYER accepts, declares and undertakes in advance that SELLER has the right to make such a determination and that it will not claim any compensation or material damage from SELLER if it remains outside of the Training with such determination of SELLER.
As stated in Article 6.2 above, due to exceeding the number of people determined for the Training, after the SELLER determines the BUYERS, the BUYERS who are not included in the Training have the option to request a refund of their payments or to request transfer-registration to the Training to be opened on the next most suitable date with the same content. The SELLER will refund the Training fee within 3 (three) business days at the latest from the date the request for refund reaches the SELLER in accordance with the procedures specified in this contract. The SELLER is not responsible for any delays and disruptions that may occur in the banks during the refund phase. If the BUYER chooses to be included in the next Training instead of a refund, the SELLER will register the BUYER in the Training to be opened on the next most suitable date with the same content.
BUYERS who do not want to use their credit card information on the internet are offered the opportunity to purchase via cash transfer or EFT. In payment via transfer or EFT, the BUYER can choose the bank most suitable for them and make the transaction. The moment the sale is realized is the moment when the transfer or EFT transaction is completed, i.e. when the transfer or EFT reaches the SELLER's bank account. All transaction fees and expenses that may arise regarding the transfer or EFT transactions that may be made are the responsibility of the Buyer, and the sales prices listed and announced on the "www.minekeskin.com" website or mobile application must be transferred to the Seller's accounts in full.
Payment methods are determined by the SELLER, payments other than the determined methods will not be accepted and do not grant the BUYER any rights for this reason.
ARTICLE 8 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER :
ARTICLE 8 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER :
BUYER accepts and undertakes to fully perform the obligations assigned to it in this contract, except for force majeure reasons.
The BUYER accepts and undertakes that by completing the order transaction electronically, he/she is deemed to have accepted the terms of the contract and will make the payment in accordance with the payment method specified in the contract.
The BUYER accepts and declares that he/she has received clear, understandable and internet-friendly information on the SELLER's name, title, full address, telephone and other contact information, basic characteristics of the Education, service and product subject to sale, sales price including taxes, payment method, delivery conditions and expenses, all preliminary information regarding the education, service and product subject to sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc. from the "www.minekeskin.com" website or mobile application, and that he/she has confirmed this preliminary information electronically.
BUYER declares that he/she has read and is informed about the Training, service and product order and payment conditions, product usage instructions and order/payment/usage procedure information and has given the necessary confirmation electronically.
If the BUYER wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.
ARTICLE 9 - DECLARATIONS AND COMMITMENTS OF THE SELLER :
ARTICLE 9 - DECLARATIONS AND COMMITMENTS OF THE SELLER :
SELLER is responsible for delivering the Training, services and products subject to this contract to the BUYER in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
Persons under the age of 18 (eighteen) cannot shop on their own behalf and account on the SELLER's website and mobile application. The SELLER will assume that the age stated by the BUYER in the contract is correct. However, the SELLER will not be held responsible in any way if the BUYER writes his/her age incorrectly.
If the SELLER cannot deliver the Training, service or products subject to the contract within the specified time or cannot carry out the Training due to force majeure, health problems, restrictive public decisions or extraordinary circumstances preventing transportation, the SELLER is obliged to notify the BUYER as soon as possible after learning of the situation.
ARTICLE 10 - RIGHT OF WITHDRAWAL - WITHDRAWAL FEE :
ARTICLE 10 - RIGHT OF WITHDRAWAL - WITHDRAWAL FEE :
The notice of right of withdrawal and notices regarding the Agreement are displayed on the “www.minekeskin.com” website or mobile application.
According to the Distance Contracts Regulation No. 29188; the BUYER cannot use the right of withdrawal in contracts regarding services that were started to be performed with the BUYER's approval before the expiration of the right of withdrawal period.
If there are more than 14 days until the FACE-TO-FACE TRAINING, the BUYER has the right of withdrawal provided that he/she notifies the SELLER in writing by e-mail at least 10 (ten) days before the FACE-TO-FACE TRAINING date.
However, the BUYER accepts that, as a result of exercising the right of withdrawal; he/she will pay the price of the materials to be used in the Training (the amount is half the price of the Training) to the SELLER as the WITHDRAWAL FEE in accordance with the preliminary information published on the "www.minekeskin.com" website or mobile application, which is an integral part of this contract, and therefore; the remaining balance after the withdrawal fee is deducted from the Training fee by the SELLER, will be refunded to the BUYER in accordance with the payment method used when purchasing the Training within 10 (ten) days following the notification to the SELLER regarding the exercise of the right of withdrawal. After the refund phase is carried out by the SELLER, the reflection of this amount in the BUYER's accounts is completely related to the bank transaction process, and the SELLER cannot intervene in this matter in any way, and the SELLER will not be responsible for any late refund.
In case of exercising the Right of Withdrawal, the Seller may cancel the invoice manually or electronically. If the Buyer enters the invoice received from the Seller into the accounting record and shows it as an expense, the Buyer must issue a return invoice. If the Buyer does not issue a return invoice in this case, no refund will be made to him/her.
Since the FACE-TO-FACE TRAINING subject to the contract is a content that requires a training plan to be made in accordance with the requests of the individuals and the products to be used in the training to be supplied in advance of the training and prepared in accordance with the training, the BUYER is deemed to have approved the performance of the FACE-TO-FACE TRAINING and the performance has been started by the SELLER by completing the purchase transaction from the "www.minekeskin.com" website or mobile application. For this reason, the BUYER cannot use the right of withdrawal in FACE-TO-FACE TRAINING contracts.
ARTICLE 11 - GENERAL PROVISIONS :
ARTICLE 11 - GENERAL PROVISIONS :
He/she accepts and declares that he/she has all the information regarding the basic and essential characteristics of the Training subject to the contract on the “www.minekeskin.com” website or mobile application, the sales price including all taxes, payment method and right of withdrawal and withdrawal fee, as well as the full commercial title, full address and contact information of the SELLER, that he/she has approved the purchase, that he/she has read the preliminary information, understood its content and has given the necessary confirmation electronically.
The entire transportation costs and responsibility required to reach the place where the Training will be given belong to the BUYER.
By confirming this contract electronically, the BUYER confirms that he/she has obtained the address that should be given to the BUYER by the SELLER before the conclusion of distance contracts, the basic features of the Education ordered, the price of the Education including taxes, payment information and the right of withdrawal and withdrawal fee information correctly and completely.
The parties accept and declare that they have accepted the provisions of the Consumer Protection Law and the Regulation on Distance Contracts, as well as the terms of this contract, and that they will act in accordance with these provisions.
If the SELLER cannot fulfill its contractual obligations due to force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation or a legitimate reason, it shall notify the BUYER of this situation before the expiration of the contractual obligation. In this case, if it is possible to provide the Training later and the place and conditions where the Training will be provided are suitable, the SELLER may provide the Training to the BUYER on a different date that is convenient for both parties.
However; in cases where the SELLER cannot fulfill its contractual obligations due to the reasons specified in Article 10.5 above, the BUYER may cancel its order instead of receiving the Training on a different day. In case the BUYER cancels the order for these reasons, the amount paid will be refunded within 10 (ten) days from the date of cancellation of the order, in accordance with the payment method used by the BUYER when purchasing the Training. After the refund phase of this amount is carried out by the SELLER, the reflection of this amount in the BUYER's accounts is completely related to the bank transaction process and the SELLER cannot intervene in this matter in any way and the SELLER will not be responsible for any late refund.
However, BUYER accepts that if it becomes impossible to provide the Training he/she purchased due to the reasons stated above; SELLER reserves the right to refund the Training fee if it notifies him/her before the performance obligation period expires that the Training cannot be provided. In this case, BUYER will not be able to make a request for Training to be provided on a different date instead of a refund, even if he/she is informed that the Training cannot be provided, or if it is based on a justified reason.
In order for the Training subject to the contract to be provided, the signed copy of this contract must be delivered to the SELLER or the relevant contract must be approved on the "www.minekeskin.com" website or mobile application, and the contract price must be paid using the payment method determined by the SELLER and preferred by the BUYER.
If the relevant bank or financial institution does not pay the Training fee to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the order is approved, the BUYER is obliged to compensate the SELLER for the Training fee.
If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the Education or Product is delivered to the BUYER, the SELLER may request the BUYER to present 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 card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
All articles of this contract have been read and accepted by the BUYER and the SELLER, and this contract enters into force as of the date the order is approved electronically by the BUYER.
ARTICLE 12 - RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS :
ARTICLE 12 - RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS :
Information such as the BUYER's name, surname, e-mail address, Turkish ID number, demographic data, financial data, etc., which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698;
The above mentioned data may be recorded by the SELLER indefinitely/temporarily, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways for the purposes of taking orders, providing products and services, developing products and services, solving system problems, carrying out payment transactions, -in case of prior approval- being used in marketing activities regarding orders, products and services, updating the information of the BUYER, managing and maintaining memberships, executing the distance sales contract and other contracts established between the BUYER and the SELLER, and for the SELLER to provide technical, logistic and other similar functions of third parties.
Commercial electronic communications may be made to BUYERS by the SELLER or its employees via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax, other electronic communication tools for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, credit card and membership information, transactions and applications in accordance with the current legislation. BUYER has accepted to receive commercial electronic messages.
The necessary precautions for the security of the information and transactions entered by the BUYER to the “www.minekeskin.com” website or mobile application have been taken in the SELLER’s own system infrastructure, in accordance with the nature of the information and transactions, to the extent of today’s technical possibilities. However, since the information in question is entered from the BUYER’s devices, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar harmful applications, to protect it and prevent it from being accessed by unrelated persons.
BUYER may contact SELLER through the specified communication channels and request that data usage-processing and/or communications be stopped at any time. In accordance with BUYER's clear notification in this regard, personal data transactions and/or communications to the party will be stopped within the maximum legal period; in addition, if requested, information other than those legally required and/or possible to be preserved will be deleted from the data recording system or anonymized in a way that will not reveal the identity.
BUYER may, if he/she wishes, apply to SELLER at any time and receive information on matters such as the procedures regarding the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by means of analysis by automatic systems, compensation in case of damages due to unlawful processing of data. The applications in question will be examined and the BUYER will be contacted within the legal period and within the periods stipulated in the legislation.
Regarding all information and content of the “www.minekeskin.com” website or mobile application, as well as their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights belong to the SELLER, except for those belonging to other third parties according to the agreement of the SELLER.
The privacy-security policies and terms of use of other sites accessed from the “www.minekeskin.com” website or mobile application are valid, and the SELLER is not responsible for any disputes or negative consequences that may arise.
ARTICLE 13 - NOTIFICATIONS AND EVIDENCE AGREEMENT :
ARTICLE 13 - NOTIFICATIONS AND EVIDENCE AGREEMENT :
Any correspondence between the parties within the scope of this contract, except for the mandatory cases listed in the legislation, will be made via e-mail. Correspondence to the contrary will not be valid. BUYER accepts, declares and undertakes that in disputes that may arise from this contract, SELLER's official books and commercial records, electronic information kept in its own database and servers and computer records will constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
ARTICLE 14 - RESOLUTION OF DISPUTES - AUTHORIZED JUDICIAL JURISDICTION :
ARTICLE 14 - RESOLUTION OF DISPUTES - AUTHORIZED JUDICIAL JURISDICTION :
In the application of the Preliminary Information Form and in disputes that may arise from this contract, the Consumer Arbitration Committees and Consumer Courts where the BUYER purchased the Goods or Services or where the BUYER resides or at the address of the SELLER are authorized up to the value declared by the Ministry of Industry and Trade. District/provincial Consumer Arbitration Committees are authorized regarding consumer demands in accordance with the lower and upper limits specified in the first paragraph of Article 68 of the Law No. 6502 on the Protection of Consumers.
ARTICLE 15 - EFFECTIVE DATE OF THE CONTRACT :
ARTICLE 15 - EFFECTIVE DATE OF THE CONTRACT :
This contract has been concluded and entered into force as of the approval date, after being read by the parties and approved electronically by the BUYER.
Distance Sales Agreement for Online Training ARTICLE 1 - DEFINITIONS:
In the application and interpretation of the Distance Selling contract, the terms written below will express the written explanations opposite them.
SELLER: The person who offers this Training and sells products and services to those who purchase the Training within the scope and content determined by him.
BUYER: Refers to real persons who purchase Training, receive services related to this Training, purchase products related to Training, acquire, use or benefit from a good or service or training for non-commercial or non-professional purposes through the website or mobile device application determined by the SELLER.
WEBSITE: The medium through which the SELLER sells its Education, services and products to the BUYER over the internet or via mobile device application, and is referred to as “www.minekeskin.com” or its mobile application in this agreement.
PLACE WHERE TRAINING WILL BE PROVIDED: The content of the training will be specified on the SELLER's "www.minekeskin.com" website or mobile application or in the e-mail that can be sent for confirmation purposes, and for Face-to-Face Training, unless otherwise stated, the physical address where the Training will be provided is "Kazımdirik Mahallesi 217 Sokak No:21/A Bornova/İZMİR". In Online Training, it is the training provided over the internet and with information technology tools.
PRODUCT: It includes ONLINE TRAINING sold to BUYERS on the “www.minekeskin.com” website or mobile device application, the service provided in connection with this Training and the materials provided in connection with and in accordance with this Training. (Hereinafter, in this contract, Training will be referred to as service and product or as Training or ONLINE TRAINING)
ONLINE EDUCATION: It is the name given to the education provided online, remotely, with the help of tools such as video, audio, graphics, computers and multimedia technology on the "www.minekeskin.com" website or mobile device application.
CONTRACT: It includes the terms and obligations of the sales transaction made by the SELLER to the BUYER via the “www.minekeskin.com” website or mobile device application. This Agreement covers the purchases, training, deliveries made by the BUYER via the “www.minekeskin.com” website or mobile device application belonging to the SELLER and the rights and obligations of the parties related to these.
LAW: Refers to the Law on Consumer Protection.
REGULATION: Refers to the Distance Sales Regulation.
ARTICLE 2 - PARTIES TO THE CONTRACT:
Seller: MİNE KESKİN (Hereinafter referred to as SELLER in this contract)
Address: Kazimdirik District 217 Street No: 21/A Bornova/IZMIR
Tax Office and Number: ……………..VD - ………………..
Telephone : ……………….
Web Address: “www.minekeskin.com”
Email Address: info@minekeskin.com
Buyer: ……………….(Hereinafter referred to as BUYER in this contract)
Address : ………………
Telephone : ……………….
E-mail Address: ………………..@.............com
BUYER is the person who purchases Training, receives services related to this Training and purchases products related to Training through the website or mobile device application determined by SELLER and whose personal information is entered.
The address and contact information of the person who is a member of the “www.minekeskin.com” website as the BUYER or who enters personal information without being a member is taken into account.
ARTICLE 3 - SUBJECT OF THE AGREEMENT:
This Distance Selling Contract has been established electronically between the SELLER and the BUYER, the information of which is written below, within the framework of the terms and conditions specified below.
This Distance Selling Contract has been prepared in accordance with the Law on Consumer Protection and the Distance Contracts Regulation, and the parties to the Contract accept, declare and undertake that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Distance Contracts Regulation within the framework of the contract.
The subject of this contract is the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law and the Distance Contracts Regulation, in relation to the sales in which the BUYER gives approval-order electronically or via e-mail for the purchase of Online Education, services provided in connection with this Online Education and products provided in connection with this Online Education and in accordance with the Education, according to the qualities, features and pricing specified on the SELLER's "www.minekeskin.com" website or mobile application.
The BUYER accepts, declares and undertakes that he/she is informed about the basic characteristics, sales price, payment method, etc. of the ONLINE EDUCATION, service and products subject to sale, all preliminary information and right of withdrawal regarding the ONLINE EDUCATION, service and product subject to sale, that he/she has confirmed this information electronically and then ordered and approved ONLINE EDUCATION, in accordance with the provisions of this contract.
The Preliminary Information and Invoice on the payment page of the “www.minekeskin.com” website or mobile application are integral parts of this agreement.
ARTICLE 4 - MATTERS ABOUT WHICH THE BUYER IS INFORMED:
The BUYER accepts that he/she has reviewed, read, understood and provided with the necessary information in all general and special explanations in the relevant sections of these web pages before the establishment of this Agreement by the BUYER on the “www.minekeskin.com” website or mobile application or by giving approval-order via electronic e-mail and before placing the order and assuming the payment obligation.
BUYER-SELLER's title, contact information and current introductory information,
Appropriate tools and methods for the stages of the sales process when purchasing the Products from the website and for correcting incorrectly entered information,
The confidentiality, data usage-processing and electronic communication rules to the BUYER applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of exercising the rights of the Parties,
Shipping restrictions for the products as set forth by the SELLER,
Payment methods and instruments accepted by the SELLER for the Products subject to the contract, basic features and characteristics of the Products, total price including taxes (total amount to be paid by the BUYER to the SELLER, including relevant expenses),
Information on the procedures for delivering the Products to the BUYER and shipping-delivery-cargo costs,
Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, the responsibilities of the Parties in these matters,
Products and other goods-services for which the BUYER does not have the right of withdrawal, j) In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the BUYER will lose the right of withdrawal if the right is not exercised within the specified period,
For Products with a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may deduct an amount it deems appropriate for the damage or change in question from the refund it will make to the BUYER.
In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return),
Details of the conditions (special conditions) for the BUYER to benefit from various opportunities that may be applied from time to time on the website,
ARTICLE 5 - ONLINE TRAINING, SERVICE AND PRODUCT SCOPE:
ARTICLE 5 - ONLINE TRAINING, SERVICE AND PRODUCT SCOPE:
The type, type, quantity, brand/model/color, what it covers, content, date, unit price and sales price of the ONLINE TRAINING, service and product to be provided, payment method and information, delivery information including the delivery place notified by the BUYER, shipping fee and invoice information are as stated in the sales invoice.
The basic features of ONLINE EDUCATION, the type of product, type, quantity, features, brand/model/color, what it includes, content, date, unit price and sales price, payment method and information, delivery information including the delivery place notified by the BUYER, cargo fee and invoice information are as stated on the sales invoice and on the "www.minekeskin.com" website or mobile application.
Since the service in question for ONLINE TRAINING is a digital content service, the BUYER can start to benefit from the service as soon as he/she completes the purchase transaction. After the purchase transaction is completed and the training fee is transferred to the SELLER's account, the BUYER will be given a login link to log in to the "www.minekeskin.com" website or mobile application to receive the training or will be able to benefit from the training with the user login and password that will be created on the site.
The SELLER will send the login link for ONLINE TRAINING to the e-mail address used by the BUYER when registering to the “www.minekeskin.com” website or mobile application within 1 (one) day at the latest after the BUYER completes the purchase transaction.
Payment Method, Invoice and Delivery Address are as stated on the Delivery Note / Delivery Note Invoice / Invoice.
ARTICLE 6 - ONLINE TRAINING, SERVICE AND PRODUCT PRICE:
ARTICLE 6 - ONLINE TRAINING, SERVICE AND PRODUCT PRICE:
The price of ONLINE TRAINING, service and product with specified contents is shown on the “www.minekeskin.com” website or mobile application and is also included in the invoice sent to the BUYER.
The prices listed and announced on the “www.minekeskin.com” website or mobile application are the sales prices. The announced prices and qualifications are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
All taxes on the training, services or products subject to the contract are included in the sales price.
The name/title of the person who approved the contract must be the same as the name/title of the person who issued the invoice. The information about the BUYER must be correct and complete. The SELLER is not responsible for any damages that may arise from the inaccuracy or incompleteness of this information.
SELLER reserves the right to stop the Training, service or product, in short, the order, if it deems necessary, if the information provided by the BUYER does not match the truth. If SELLER detects a problem in the order and cannot reach the BUYER through the phone, e-mail or mail addresses provided by the BUYER, it will stop the order from being put into effect for 15 (fifteen) days. BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER will cancel the order in order to prevent damage to both parties.
SELLER is not responsible for price errors that occur due to system errors. Accordingly, SELLER is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website or mobile application. BUYER cannot claim any rights from SELLER based on system errors.
ARTICLE 7 - PAYMENT SCHEDULE:
ARTICLE 7 - PAYMENT SCHEDULE:
ONLINE TRAINING orders can be placed via the “www.minekeskin.com” website or mobile application or via e-mail, by credit card (Visa, MasterCard , etc.) or bank transfer. Orders that are not paid within 1 (one) day from the date of order will be canceled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer or (EFT) has reached the SELLER’s bank accounts. Payment methods such as paid shipment or postal checks are not accepted.
BUYERS who do not want to use their credit card information on the internet are offered the opportunity to purchase via cash transfer or EFT. In payment via transfer or EFT, the BUYER can choose the bank most suitable for them and make the transaction. The moment the sale is realized is the moment when the transfer or EFT transaction is completed, i.e. when the transfer or EFT reaches the SELLER's bank account. All transaction fees and expenses that may arise regarding the transfer or EFT transactions that may be made are the responsibility of the Buyer, and the sales prices listed and announced on the "www.minekeskin.com" website or mobile application must be transferred to the Seller's accounts in full.
Payment methods are determined by the SELLER, payments other than the determined methods will not be accepted and do not grant the BUYER any rights for this reason.
ARTICLE 8 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER:
ARTICLE 8 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER:
BUYER accepts and undertakes to fully perform the obligations assigned to it in this contract, except for force majeure reasons.
The BUYER accepts and undertakes that by completing the order transaction electronically, he/she is deemed to have accepted the terms of the contract and will make the payment in accordance with the payment method specified in the contract.
The BUYER accepts and declares that he/she has received clear, understandable and internet-friendly information on the SELLER's name, title, full address, telephone and other contact information, basic characteristics of the Education, service and product subject to sale, sales price including taxes, payment method, delivery conditions and expenses, all preliminary information regarding the education, service and product subject to sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc. from the "www.minekeskin.com" website or mobile application, and that he/she has confirmed this preliminary information electronically.
BUYER declares that he/she has read and is informed about the Training, service and product order and payment conditions, product usage instructions and order/payment/usage procedure information and has given the necessary confirmation electronically.
If the BUYER wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.
ARTICLE 9 - DECLARATIONS AND COMMITMENTS OF THE SELLER:
ARTICLE 9 - DECLARATIONS AND COMMITMENTS OF THE SELLER:
SELLER is responsible for delivering the Training, services and products subject to this contract to the BUYER in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
Persons under the age of 18 (eighteen) cannot shop on their own behalf and account on the SELLER's website and mobile application. The SELLER will assume that the age stated by the BUYER in the contract is correct. However, the SELLER will not be held responsible in any way if the BUYER writes his/her age incorrectly.
If the SELLER cannot deliver the Training, service or products subject to the contract within the specified time or cannot carry out the Training due to force majeure, health problems, restrictive public decisions or extraordinary circumstances preventing transportation, the SELLER is obliged to notify the BUYER as soon as possible after learning of the situation.
ARTICLE 10 - RIGHT OF WITHDRAWAL - WITHDRAWAL FEE:
ARTICLE 10 - RIGHT OF WITHDRAWAL - WITHDRAWAL FEE:
The notice of right of withdrawal and notices regarding the Agreement are displayed on the “www.minekeskin.com” website or mobile application.
According to Article 15 (ğ) of the Distance Contracts Regulation No. 29188, the Buyer cannot exercise the right of withdrawal in contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
Since the ONLINE TRAINING subject to the contract is a content that is specific to individuals by nature, requires a training plan to be made within the framework of the requests of individuals and requires the products to be procured in advance of the training and prepared in accordance with the training, and also since the use of the link and password to be provided is always available to the BUYER, the BUYER is deemed to have approved the performance of the ONLINE TRAINING and the performance has been started by the SELLER by completing the purchase transaction from the “www.minekeskin.com” website or mobile application. For this reason, the BUYER cannot use the right of withdrawal in ONLINE TRAINING contracts.
ARTICLE 11 - GENERAL PROVISIONS:
ARTICLE 11 - GENERAL PROVISIONS:
He/she accepts and declares that he/she has all the information regarding the basic and essential characteristics of the Training subject to the contract on the “www.minekeskin.com” website or mobile application, the sales price including all taxes, payment method and right of withdrawal and withdrawal fee, as well as the full commercial title, full address and contact information of the SELLER, that he/she has approved the purchase, that he/she has read the preliminary information, understood its content and has given the necessary confirmation electronically.
By confirming this contract electronically, the BUYER confirms that he/she has obtained the address that should be given to the BUYER by the SELLER before the conclusion of distance contracts, the basic features of the Education ordered, the price of the Education including taxes, payment information and the right of withdrawal and withdrawal fee information correctly and completely.
The parties accept and declare that they have accepted the provisions of the Consumer Protection Law and the Regulation on Distance Contracts, as well as the terms of this contract, and that they will act in accordance with these provisions.
In order for the Training subject to the contract to be provided, the signed copy of this contract must be delivered to the SELLER or the relevant contract must be approved on the "www.minekeskin.com" website or mobile application, and the contract price must be paid using the payment method determined by the SELLER and preferred by the BUYER.
If the relevant bank or financial institution does not pay the Training fee to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the order is approved, the BUYER is obliged to compensate the SELLER for the Training fee.
If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the Education or Product is delivered to the BUYER, the SELLER may request the BUYER to present 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 card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
All articles of this contract have been read and accepted by the BUYER and the SELLER, and this contract enters into force as of the date the order is approved electronically by the BUYER.
For the delivery of ONLINE TRAINING, which is the subject of the contract, the training fee must be paid using the payment method preferred by the BUYER. If the training fee is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver ONLINE TRAINING.
ARTICLE 12 - RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
ARTICLE 12 - RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
Information such as the BUYER's name, surname, e-mail address, Turkish ID number, demographic data, financial data, etc., which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698;
The above mentioned data may be recorded by the SELLER indefinitely/temporarily, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways for the purposes of taking orders, providing products and services, developing products and services, solving system problems, carrying out payment transactions, -in case of prior approval- being used in marketing activities regarding orders, products and services, updating the information of the BUYER, managing and maintaining memberships, executing the distance sales contract and other contracts established between the BUYER and the SELLER, and for the SELLER to provide technical, logistic and other similar functions of third parties.
Commercial electronic communications may be made to BUYERS by the SELLER or its employees via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax, other electronic communication tools for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, credit card and membership information, transactions and applications in accordance with the current legislation. BUYER has accepted to receive commercial electronic messages.
The necessary precautions for the security of the information and transactions entered by the BUYER to the “www.minekeskin.com” website or mobile application have been taken in the SELLER’s own system infrastructure, in accordance with the nature of the information and transactions, to the extent of today’s technical possibilities. However, since the information in question is entered from the BUYER’s devices, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar harmful applications, to protect it and prevent it from being accessed by unrelated persons.
BUYER may contact SELLER through the specified communication channels and request that data usage-processing and/or communications be stopped at any time. In accordance with BUYER's clear notification in this regard, personal data transactions and/or communications to the party will be stopped within the maximum legal period; in addition, if requested, information other than those legally required and/or possible to be preserved will be deleted from the data recording system or anonymized in a way that will not reveal the identity.
BUYER may, if he/she wishes, apply to SELLER at any time and receive information on matters such as the procedures regarding the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by means of analysis by automatic systems, compensation in case of damages due to unlawful processing of data. The applications in question will be examined and the BUYER will be contacted within the legal period and within the periods stipulated in the legislation.
Regarding all information and content of the “www.minekeskin.com” website or mobile application, as well as their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights belong to the SELLER, except for those belonging to other third parties according to the agreement of the SELLER.
The privacy-security policies and terms of use of other sites accessed from the “www.minekeskin.com” website or mobile application are valid, and the SELLER is not responsible for any disputes or negative consequences that may arise.
ARTICLE 13 - NOTIFICATIONS AND EVIDENCE AGREEMENT:
ARTICLE 13 - NOTIFICATIONS AND EVIDENCE AGREEMENT:
Any correspondence between the parties within the scope of this contract, except for the mandatory cases listed in the legislation, will be made via e-mail. Correspondence to the contrary will not be valid. BUYER accepts, declares and undertakes that in disputes that may arise from this contract, SELLER's official books and commercial records, electronic information kept in its own database and servers and computer records will constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
ARTICLE 14 - RESOLUTION OF DISPUTES - AUTHORIZED JUDICIAL JURISDICTION:
ARTICLE 14 - RESOLUTION OF DISPUTES - AUTHORIZED JUDICIAL JURISDICTION:
In the application of the Preliminary Information Form and in disputes that may arise from this contract, the Consumer Arbitration Committees and Consumer Courts where the BUYER purchased the Goods or Services or where the BUYER resides or at the address of the SELLER are authorized up to the value declared by the Ministry of Industry and Trade. District/provincial Consumer Arbitration Committees are authorized regarding consumer demands in accordance with the lower and upper limits specified in the first paragraph of Article 68 of the Law No. 6502 on the Protection of Consumers.
ARTICLE 15 - EFFECTIVE DATE OF THE AGREEMENT:
ARTICLE 15 - EFFECTIVE DATE OF THE AGREEMENT:
This contract has been concluded and entered into force as of the approval date, after being read by the parties and approved electronically by the BUYER.
Product Sales Distance Sales Contract ARTICLE 1 - DEFINITIONS :
In the application and interpretation of the Distance Selling contract, the terms written below will express the written explanations opposite them.
SALES PERSON : Indicates the person who offers this Training and sells products and services to those who purchase the Training within the scope and content determined by him.
BUYER : Refers to real persons who purchase Training, receive services related to this Training, purchase products related to Training, acquire, use or benefit from a good or service or training for non-commercial or non-professional purposes through the website or mobile device application determined by the SELLER.
WEBSITE : The medium through which the SELLER sells its Education, services and products to the BUYER over the internet or via mobile device application, and is referred to as “www.minekeskin.com” or its mobile application in this agreement.
PRODUCT : "Online training, face-to-face training sold to BUYERS on the "www.minekeskin.com" website or mobile device application, services provided in connection with these trainings and materials provided in connection with and in accordance with these trainings, food products sold outside of trainings, all kinds of movable goods and products, software, sound, image and all kinds of similar products prepared for use in electronic environment. (Hereinafter referred to as TRAINING or SERVICE or PRODUCT or ONLINE TRAINING or FACE-TO-FACE TRAINING in this contract)
AGREEMENT : Contains the terms and obligations of the sales transaction made by the SELLER to the BUYER via the “www.minekeskin.com” website or mobile device application. This Agreement covers the purchases, training, deliveries made by the BUYER via the “www.minekeskin.com” website or mobile device application belonging to the SELLER and the rights and obligations of the parties related to these.
LAW : Refers to the Consumer Protection Law
REGULATIONS : Refers to the Distance Sales Regulation.
ARTICLE 2 - PARTIES TO THE CONTRACT :
ARTICLE 2 - PARTIES TO THE CONTRACT :
Sales person : MİNE KESKİN (Hereinafter referred to as SELLER in this contract)
Address : Kazimdirik District 217 Street No: 21/A Bornova/IZMIR
Tax Office and Number: ……………..VD - ………………..
Telephone : ……………….
Web Address : “www.minekeskin.com”
Email Address: info@minekeskin.com
Buyer : ……………….(Hereinafter referred to as BUYER in this contract)
Address : ………………
Telephone : ……………….
Email Address : ………………..@.............com
BUYER is the person who purchases Training, receives services related to this Training and purchases products related to Training, purchases food products, all kinds of movable goods and products other than trainings, software prepared for use in electronic environment, sound, image and all kinds of similar products and whose personal information is entered through the website or mobile device application determined by SELLER.
The address and contact information of the person who is a member of the “www.minekeskin.com” website as the BUYER or who enters personal information without being a member is taken into account.
ARTICLE 3 - SUBJECT OF THE AGREEMENT :
ARTICLE 3 - SUBJECT OF THE AGREEMENT :
This Distance Selling Contract has been established electronically between the SELLER and the BUYER, the information of which is written below, within the framework of the terms and conditions specified below.
This Distance Selling Contract has been prepared in accordance with the Law on Consumer Protection and the Distance Contracts Regulation, and the parties to the Contract accept, declare and undertake that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Distance Contracts Regulation within the framework of the contract.
The subject of this contract is the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Distance Contracts Regulation, in relation to the sales in which the BUYER gives approval-order electronically or via e-mail for the purchase of training to be received, services to be received in connection with training and products to be received in connection with training, food products to be received in addition to training, all kinds of movable goods and products, software prepared for use in electronic environment, sound, image and all kinds of similar products, according to the qualities, specifications and pricing specified on the "www.minekeskin.com" website or mobile application of the SELLER.
The BUYER accepts, declares and undertakes, in accordance with the provisions of this contract, that he/she is informed about the basic characteristics, sales price, payment method, etc. of the products subject to sale, all preliminary information about the training, services and products subject to sale and the right of withdrawal, that he/she has confirmed this information electronically and then ordered and approved the training or product.
The Preliminary Information and Invoice on the payment page of the “www.minekeskin.com” website or mobile application are integral parts of this agreement.
ARTICLE 4 - MATTERS ABOUT WHICH THE BUYER IS INFORMED :
ARTICLE 4 - MATTERS ABOUT WHICH THE BUYER IS INFORMED :
The BUYER accepts that he/she has reviewed, read, understood and provided with the necessary information in all general and special explanations in the relevant sections of these web pages before the establishment of this Agreement by the BUYER on the “www.minekeskin.com” website or mobile application or by giving approval-order via electronic e-mail and before placing the order and assuming the payment obligation.
BUYER-SELLER's title, contact information and current introductory information,
Appropriate tools and methods for the stages of the sales process when purchasing the Products from the website and for correcting incorrectly entered information,
The confidentiality, data usage-processing and electronic communication rules to the BUYER applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of exercising the rights of the Parties,
Shipping restrictions for the products as set forth by the SELLER,
Payment methods and instruments accepted by the SELLER for the Products subject to the contract, basic features and characteristics of the Products, total price including taxes (total amount to be paid by the BUYER to the SELLER, including relevant expenses),
Information on the procedures for delivering the Products to the BUYER and shipping-delivery-cargo costs,
Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, the responsibilities of the Parties in these matters,
Products and other goods-services for which the BUYER does not have the right of withdrawal, j) In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the BUYER will lose the right of withdrawal if the right is not exercised within the specified period,
For Products with a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may deduct an amount it deems appropriate for the damage or change in question from the refund it will make to the BUYER.
In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return),
Details of the conditions (special conditions) for the BUYER to benefit from various opportunities that may be applied from time to time on the website,
ARTICLE 5 - PRODUCT SCOPE :
ARTICLE 5 - PRODUCT SCOPE :
The type, kind, quantity, brand/model/color, what it covers, content, date, unit price and sales price of the training, service and product to be sold, payment method and information, delivery information including the delivery place notified by the BUYER, shipping fee and invoice information are as stated in the sales invoice.
The basic features of the Product and Training are available on the “www.minekeskin.com” website or mobile application.
Payment Method, Invoice and Delivery Address are as stated on the Delivery Note / Delivery Note Invoice / Invoice.
ARTICLE 6 - PRODUCT AND SERVICE PRICE :
ARTICLE 6 - PRODUCT AND SERVICE PRICE :
The price of the Product and Training with specified contents is shown on the “www.minekeskin.com” website or mobile application and is also included in the invoice sent to the BUYER.
The prices listed and announced on the “www.minekeskin.com” website or mobile application are the sales prices. The announced prices and qualifications are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
All taxes on the Product, Training or services subject to the contract are included in the sales price.
The name/title of the person who approved the contract must be the same as the name/title of the person who issued the invoice. The information about the BUYER must be correct and complete. The SELLER is not responsible for any damages that may arise from the inaccuracy or incompleteness of this information.
SELLER reserves the right to stop the Training, service or product, in short, the order, if it deems necessary, if the information provided by the BUYER does not match the truth. If SELLER detects a problem in the order and cannot reach the BUYER through the phone, e-mail or mail addresses provided by the BUYER, it will stop the order from being put into effect for 15 (fifteen) days. BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER will cancel the order in order to prevent damage to both parties.
SELLER is not responsible for price errors that occur due to system errors. Accordingly, SELLER is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website or mobile application. BUYER cannot claim any rights from SELLER based on system errors.
ARTICLE 7 - PAYMENT SCHEDULE :
ARTICLE 7 - PAYMENT SCHEDULE :
Product or Training orders can be placed via the “www.minekeskin.com” website or mobile application or via e-mail, by credit card (Visa, MasterCard , etc.) or bank transfer. Orders that are not paid within 1 (one) day from the date of order will be canceled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer or (EFT) has reached the SELLER’s bank accounts. Payment methods such as paid shipment or postal checks are not accepted.
BUYERS who do not want to use their credit card information on the internet are offered the opportunity to purchase via cash transfer or EFT. In payment via transfer or EFT, the BUYER can choose the bank most suitable for them and make the transaction. The moment the sale is realized is the moment when the transfer or EFT transaction is completed, i.e. when the transfer or EFT reaches the SELLER's bank account. All transaction fees and expenses that may arise regarding the transfer or EFT transactions that may be made are the responsibility of the Buyer, and the sales prices listed and announced on the "www.minekeskin.com" website or mobile application must be transferred to the Seller's accounts in full.
Payment methods are determined by the SELLER, payments other than the determined methods will not be accepted and do not grant the BUYER any rights for this reason.
ARTICLE 8 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER :
ARTICLE 8 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER :
BUYER accepts and undertakes to fully perform the obligations assigned to it in this contract, except for force majeure reasons.
The BUYER accepts and undertakes that by completing the order transaction electronically, he/she is deemed to have accepted the terms of the contract and will make the payment in accordance with the payment method specified in the contract.
The BUYER accepts and declares that he/she has been informed about the SELLER's name, title, full address, telephone and other contact information, basic characteristics of the Product, Education and Service subject to sale, sales price including taxes, payment method, delivery conditions and expenses, all Preliminary Information regarding the Product, Education and Service subject to sale, the use of the right of "Withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc. in a clear, understandable and internet-friendly manner, and that he/she has confirmed this Preliminary Information electronically from the "www.minekeskin.com" website or mobile application.
BUYER declares that he/she has read and is informed about the Product, Training and Service order and payment conditions, Product usage instructions and order/payment/usage procedure information and has given the necessary confirmation electronically.
If the BUYER wishes to return the Product he/she purchased, he/she accepts and undertakes not to damage the Product or its packaging in any way and to return the original invoice and delivery note at the time of return.
ARTICLE 9 - DECLARATIONS AND COMMITMENTS OF THE SELLER :
ARTICLE 9 - DECLARATIONS AND COMMITMENTS OF THE SELLER :
SELLER is responsible for delivering the Products, Training and Services subject to this contract to the BUYER in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
Persons under the age of 18 (eighteen) cannot shop on their own behalf and account on the SELLER's website and mobile application. The SELLER will assume that the age stated by the BUYER in the contract is correct. However, the SELLER will not be held responsible in any way if the BUYER writes his/her age incorrectly.
If the SELLER cannot deliver the Products, Training and Services subject to the contract within the due date or cannot carry out the Training due to force majeure, health problems, restrictive public decisions or extraordinary circumstances preventing transportation, the SELLER is obliged to notify the BUYER as soon as possible after learning of the situation.
ARTICLE 10 - RIGHT OF WITHDRAWAL - WITHDRAWAL FEE :
ARTICLE 10 - RIGHT OF WITHDRAWAL - WITHDRAWAL FEE :
The BUYER may return the Product he/she purchased, without assuming any legal or criminal liability and without giving any justification, by exercising his/her right of withdrawal within 15 (fifteen) days from the date of delivery.
The notice of right of withdrawal and notices regarding the Agreement are displayed on the “www.minekeskin.com” website or mobile application.
In order to exercise the right of withdrawal, it is necessary to notify the SELLER within the due time in accordance with the provisions of the legislation and the withdrawal right exercise option on the website.
In case of exercising the right of withdrawal:
The BUYER must send the Product back to the SELLER via the cargo company within 10 (ten) days from exercising his right of withdrawal.
Within the scope of the right of withdrawal, the Product box, packaging, standard accessories, if any, and other products gifted with the Product must also be returned complete and undamaged.
The BUYER shall not be responsible for any changes or deteriorations that occur if the Product is used in accordance with its operation, technical specifications and usage instructions within the withdrawal period.
Within 14 (fourteen) days following the exercise of the right of withdrawal, the Product price will be refunded to the BUYER in the same manner as paid. When the Product is returned to the SELLER, the original invoice presented to the BUYER at the time of delivery of the Product must also be returned by the BUYER.
The shipping costs of the product being delivered to the BUYER and the shipping costs if the product is later requested to be returned are the responsibility of the BUYER. The SELLER is not responsible for any damage that may occur during the shipping process during the return phase of the product.
In cases where the BUYER exercises his right of withdrawal or the Product in question cannot be supplied for various reasons or the Arbitration Committee decides to refund the amount to the BUYER, if the purchase was made by credit card and in installments, the procedure for refunding the amount to the credit card is stated below. :
The Bank makes the repayment to the BUYER in installments, regardless of the number of installments in which the BUYER purchased the Product. After the SELLER pays the entire Product price to the bank in one go, in the event that the installment expenses made from the Bank POS are refunded to the BUYER's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date does not coincide with the card's statement closing dates, will be reflected on the card as 1 (one) refund each month and the BUYER will receive the installments paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.
ARTICLE 11 - CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED :
ARTICLE 11 - CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED :
BUYER cannot exercise the right of withdrawal in the following contracts:
Contracts for goods or services whose prices change depending on fluctuations in financial markets or are not under the control of the SELLER.
Contracts for goods prepared in line with the consumer's wishes or personal needs
Contracts for the delivery of goods that are perishable or subject to expiry
Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under subscription contracts.
Contracts that must be made on a specific date or period and that relate to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes.
Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.
Contracts regarding services that are started to be performed with the approval of the BUYER before the expiry of the right of withdrawal period.
If the Product/Service subject to the contract consists of Product/Service types that are excluded from the scope of application of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the BUYER's home with the SELLER's regular deliveries and services in areas such as travel, accommodation, restaurant business, entertainment sector), the right of withdrawal cannot be exercised since the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.
ARTICLE 12 - GENERAL PROVISIONS :
ARTICLE 12 - GENERAL PROVISIONS :
He/she accepts and declares that he/she has all the information regarding the basic and essential characteristics of the Product, Training, sales price including all taxes, payment method, right of withdrawal and withdrawal fee, full commercial title, full address and contact information of the SELLER, which is the subject of the contract on the “www.minekeskin.com” website or mobile application, that he/she has approved the purchase, that he/she has read the Preliminary Information, understood its content and has given the necessary confirmation electronically.
By confirming this contract electronically, the BUYER confirms that he/she has obtained the address that should be given to the BUYER by the SELLER before the conclusion of distance contracts, the basic features of the ordered Product and Training, the price of the Training including taxes, payment information, right of withdrawal and withdrawal fee information correctly and completely.
The parties accept and declare that they have accepted the provisions of the Consumer Protection Law and the Regulation on Distance Contracts, as well as the terms of this contract, and that they will act in accordance with these provisions.
Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the Preliminary Information section on the website, depending on the distance to the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the SELLER fails to fulfill its obligation within this period, the BUYER may terminate the Contract. The delivery date specified as "estimated delivery date" on the website is stated as an estimate and this expression does not include any commitment. These products shall be delivered to the BUYER within 30 days at the latest, as specified in the legislation. In the event that the BUYER or the person to whom the delivery is made is not present at the address at the time of delivery, the SELLER shall not be responsible for any damages and expenses arising from the BUYER receiving the product late and/or not receiving it at all.
In order for the Product or Training subject to the contract to be provided, the signed copy of this contract must be delivered to the SELLER or the relevant contract must be approved on the "www.minekeskin.com" website or mobile application, and the contract price must be paid using the payment method determined by the SELLER and preferred by the BUYER.
SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the Contract.
If the relevant bank or financial institution does not pay the Product or Training fee to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the order is approved, the BUYER is obliged to compensate the SELLER for the Product or Training fee.
All articles of this contract have been read and accepted by the BUYER and the SELLER, and this contract enters into force as of the date the order is approved electronically by the BUYER.
For the delivery of the Product or Training subject to the contract, the Product or Training fee must be paid using the payment method preferred by the BUYER. If the Product or Training fee is not paid or is cancelled in bank records for any reason, the SELLER is deemed to be relieved of its obligation to deliver or perform the Product or Training.
BUYER accepts, declares and undertakes that if the price of the Product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product subject to the Contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the Product subject to the Contract to the SELLER within 3 days, the shipping costs being borne by the BUYER.
The BUYER shall inspect the Product/service subject to the Contract before receiving it; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The Product/service received shall be deemed to be undamaged and intact. The obligation to carefully protect the Product/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the Product/service must not be used. The invoice must be returned.
The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the 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 is cancelled in the records of the bank or financial institution, the SELLER's obligation to deliver the Product subject to the Agreement will end. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for payments made to the SELLER by the bank and/or financial institution but for which a failed code is sent by the bank and/or financial institution for any reason.
In cases where the fulfillment of the Product or service subject to the order becomes impossible, the SELLER must notify the BUYER in writing or via the BUYER data keeper within 3 (three) days from the date of learning about this situation and return all payments collected, including delivery costs, if any, within 15 (fifteen) days from the date of notification at the latest. The fact that the Product is not in stock is not considered as the impossibility of fulfilling the Product fulfillment. In payments made by the BUYER with a credit card, the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 (two) to 3 (three) weeks, and since the reflection of this amount in the BUYER's accounts after it is refunded to the bank is entirely related to the bank transaction process, the BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present 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 card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
ARTICLE 13 - RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS :
ARTICLE 13 - RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS :
Information such as the BUYER's name, surname, e-mail address, Turkish ID number, demographic data, financial data, etc., which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698;
The above mentioned data may be recorded by the SELLER indefinitely/temporarily, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways for the purposes of taking orders, providing products and services, developing products and services, solving system problems, carrying out payment transactions, -in case of prior approval- being used in marketing activities regarding orders, products and services, updating the information of the BUYER, managing and maintaining memberships, executing the distance sales contract and other contracts established between the BUYER and the SELLER, and for the SELLER to provide technical, logistic and other similar functions of third parties.
Commercial electronic communications may be made to BUYERS by the SELLER or its employees via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax, other electronic communication tools for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, credit card and membership information, transactions and applications in accordance with the current legislation. BUYER has accepted to receive commercial electronic messages.
The necessary precautions for the security of the information and transactions entered by the BUYER to the “www.minekeskin.com” website or mobile application have been taken in the SELLER’s own system infrastructure, in accordance with the nature of the information and transactions, to the extent of today’s technical possibilities. However, since the information in question is entered from the BUYER’s devices, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar harmful applications, to protect it and prevent it from being accessed by unrelated persons.
BUYER may contact SELLER through the specified communication channels and request that data usage-processing and/or communications be stopped at any time. In accordance with BUYER's clear notification in this regard, personal data transactions and/or communications to the party will be stopped within the maximum legal period; in addition, if requested, information other than those legally required and/or possible to be preserved will be deleted from the data recording system or anonymized in a way that will not reveal the identity.
BUYER may, if he/she wishes, apply to SELLER at any time and receive information on matters such as the procedures regarding the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by means of analysis by automatic systems, compensation in case of damages due to unlawful processing of data. The applications in question will be examined and the BUYER will be contacted within the legal period and within the periods stipulated in the legislation.
Regarding all information and content of the “www.minekeskin.com” website or mobile application, as well as their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights belong to the SELLER, except for those belonging to other third parties according to the agreement of the SELLER.
The privacy-security policies and terms of use of other sites accessed from the “www.minekeskin.com” website or mobile application are valid, and the SELLER is not responsible for any disputes or negative consequences that may arise.
ARTICLE 14 - NOTIFICATIONS AND EVIDENCE AGREEMENT :
ARTICLE 14 - NOTIFICATIONS AND EVIDENCE AGREEMENT :
Any correspondence between the parties within the scope of this contract, except for the mandatory cases listed in the legislation, will be made via e-mail. Correspondence to the contrary will not be valid. BUYER accepts, declares and undertakes that in disputes that may arise from this contract, SELLER's official books and commercial records, electronic information kept in its own database and servers and computer records will constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
ARTICLE 15 - RESOLUTION OF DISPUTES - AUTHORIZED JUDICIAL JURISDICTION :
ARTICLE 15 - RESOLUTION OF DISPUTES - AUTHORIZED JUDICIAL JURISDICTION :
In disputes that may arise from this contract, Izmir Provincial and District Consumer Arbitration Committees are authorized and competent up to the legally determined value, and Izmir Consumer Courts are competent and competent for disputes above this value.
ARTICLE 16 - EFFECTIVE DATE OF THE AGREEMENT :
ARTICLE 16 - EFFECTIVE DATE OF THE AGREEMENT :
This contract has been concluded and entered into force as of the approval date, after being read by the parties and approved electronically by the BUYER.