1. Parties to and Subject Matter of the Agreement

1.1. Seller Information

Company Name: Emsun Tekstil İnşaat Sanayi Ticaret Ltd. Şti.

Address: Merkez Mah. Halaskargazi Caddesi No: 117 Şişli/Istanbul

Tel: 0212 233 19 79
E-mail: bilgi@emsuncocukdunyasi.com
Tax Identification Number: 333 004 5606

1.2. Buyer Information

Full Name (Company Name):
Address:
Tel:
Email:
Tax Identification Number (or Turkish Republic Identity Number, if unavailable): 

The Buyer and Seller shall hereinafter be referred to jointly as the “Parties”.

1.3. By purchasing products and services from the Seller, the Buyer acknowledges, represents and undertakes that they have read and understood this Agreement in its entirety and accepted each of its provisions.
1.4. This Agreement has been prepared to determine the rights and obligations of the Parties under the Turkish Consumer Protection Law No. 6502 and the Distance Contracts Regulation in relation to the sale of products and services purchased by the Buyer through www.emsuncocukdunyasi.com, which is controlled and operated by the Seller (hereinafter referred to as the “Site”), and the delivery of the products to the delivery address.

2. Products Subject to the Agreement and Product Information

2.1. The essential characteristics, sale price, delivery terms and payment conditions of the product subject to this Agreement are as follows:

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In addition to the total amount shown in the table above, the shipping fee will also be charged. The Buyer accepts, represents and undertakes that, in addition to the price of the products and services purchased, the shipping fee shall also be paid by the Buyer.

2.2. The Seller shall deliver the products and quantities specified in Article 2.1 in accordance with the delivery address and recipient information provided by the Buyer. The promised delivery shall be carried out through the courier companies with which the Seller works. Following the Buyer’s order, the Seller shall provide the Buyer with the shipping information.

3. Delivery

3.1. Unless the product(s) subject to the Agreement are specially prepared or manufactured in accordance with the Buyer’s specific instructions, they shall be delivered to the Buyer or to the person/organisation at the address specified by the Buyer within the statutory period, depending on the distance of the Buyer’s location, provided that the statutory period of 30 (thirty) days is not exceeded for each product included in the order.

3.2. For the product that the Buyer wishes to purchase under the Agreement to be delivered, this Agreement and the Preliminary Information Form must be confirmed electronically by the Buyer, and the price of the product(s) must be paid fully and completely using the Buyer’s preferred payment method. If the product price is not paid, is paid incompletely or the payment is cancelled in the bank records for any reason, the Seller shall be released from its obligation to deliver the product.

3.3. If the fulfilment of the goods or services subject to the order becomes impossible, the Seller shall notify the Buyer in writing or through a durable medium within 3 (three) days from the date on which it becomes aware of this situation. The Seller shall refund all payments collected, including delivery costs where applicable, to the Buyer no later than 30 (thirty) days from the date of notification.

4. Provisions and Conditions

4.1. The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in sound and complete condition, in accordance with the specifications stated in the order and consumer legislation, together with any warranty documents and user manuals, where applicable.

4.2. The Buyer accepts, represents and undertakes that they have read and understood the preliminary information uploaded by the Seller on the Site concerning the essential characteristics, sale price, payment method, delivery terms and shipping costs of the goods or services subject to the Agreement; that they have provided the necessary electronic confirmation; that by confirming the order through the Site they are aware that they have entered into an obligation to pay; that they are purchasing the product/service electronically; and that the sale price will be charged to the credit card/debit card details entered for the payment transaction.

4.3. By electronically confirming this Agreement and the Preliminary Information Form, the Buyer confirms that, before concluding the distance contract, they have received complete and accurate information from the Seller regarding the Seller’s address, the essential characteristics of the goods or services ordered, the price of the goods or services including taxes, and the payment, delivery and delivery-cost information.

4.4. If, following delivery of the goods or services, the bank or financial institution fails to pay the Seller the price of the goods or services because the Buyer’s credit card has been used unlawfully or improperly by unauthorised persons for reasons not attributable to the Buyer, the Buyer shall return the delivered goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In such a case, the Buyer shall be responsible for the delivery costs and any other expenses, losses or damages arising from this situation.

4.5. If the goods or services subject to the Agreement are to be delivered to a person or organisation other than the Buyer, the Seller cannot be held responsible if that person or organisation refuses to accept the delivery.

4.6. If the Buyer is not present at the address at which delivery of the order was requested, the order shall under no circumstances be left at another address. In such a case, the Buyer accepts the legal liabilities arising from having placed an order for an address at which they are not present.

4.7. The Seller is responsible for delivering the product subject to the Agreement in sound and complete condition and in accordance with the specifications stated in the order. Provided that there is a justified reason, the Seller may supply the Buyer with goods or services of equivalent quality and price before the performance period arising from the Agreement expires, provided that the Buyer is informed and gives explicit approval.

4.8. In accordance with Article 3.2 of this Agreement, this Agreement and the Preliminary Information Form must be confirmed electronically and the order price must be paid fully and completely. If, for any reason, the Buyer fails to satisfy all the specified conditions, the Buyer accepts, represents and undertakes that the Seller shall be released from its obligation to deliver the product.

4.9. The Seller is responsible for any loss or damage occurring until the goods are delivered to the Buyer or to a third party designated by the Buyer other than the carrier. If the Buyer requests that the goods be sent through a carrier other than the one designated by the Seller, the Seller shall not be responsible for any loss or damage occurring from the time the goods are delivered to the relevant carrier.

4.10. The service offered by the Seller is intended for the end user within the scope of retail sales. If the Seller suspects that the Buyer intends to resell the products, the Seller reserves the right to cancel the order and withhold delivery, even if this Agreement has already been concluded.

4.11. The Buyer must inspect the product before accepting delivery and must not accept any defective or damaged product that can be identified through an ordinary inspection from the Seller’s representative or the courier company. If the Buyer neglects to inspect the product and accepts delivery, the product shall be deemed to have been accepted in sound and undamaged condition.

5. Buyer’s Right of Withdrawal

5.1. The provisions and conditions governing the right of withdrawal under Article 5 of this Agreement shall apply only where the Buyer qualifies as a “Consumer” under the Turkish Consumer Protection Law No. 6502, the Distance Contracts Regulation and other applicable legislation.

5.2. A Buyer who qualifies as a Consumer has the right to withdraw from the Agreement within 14 (fourteen) days without providing any reason and without paying any contractual penalty. For contracts relating to the performance of services, the withdrawal period begins on the date the Agreement is concluded; for contracts relating to the delivery of goods, it begins on the date on which the Consumer or a third party designated by the Consumer takes possession of the goods.

5.3. The right of withdrawal shall be deemed to have been exercised if written notification, or notification through a durable medium, is sent to the Seller within the applicable period. The Seller’s contact details for submitting a withdrawal notification are as follows:

Address: Merkez Mahallesi Halaskargazi Caddesi No: 177 Şişli/İstanbul
Tel No: (0212) 231 31 80
E-Mail: bilgi@emsuncocukdunyasi.com

5.4. Where the Buyer exercises the right of withdrawal in accordance with Article 5.3 of the Agreement, the consumer Buyer shall be informed after the relevant notification reaches the Seller.

5.5. Within 14 (fourteen) days from the date on which the Seller receives the Buyer’s withdrawal notification, the Seller shall refund to the Buyer, in a single payment and without imposing any cost or liability on the consumer, all payments made by the Buyer to the Seller in relation to the relevant goods or services, including the cost of delivering the goods to the Buyer where applicable. The refund shall be made using a payment method compatible with the method used for the original purchase.

5.6. If the Buyer exercises the right of withdrawal, the courier company designated by the Seller to receive the returned product is the courier company specified in Article 2.2. If the goods are returned through the courier company specified in the relevant provision, the Buyer shall not be held responsible for the return costs. If the Buyer sends the returned goods through a courier company other than the contracted courier company specified in Article 2.2, the Seller shall not be responsible for the return shipping costs or for any damage suffered by the goods during transit. If the contracted courier company does not have a branch in the area where the consumer Buyer is located, the Seller shall arrange for the goods to be collected from the consumer without requesting any additional payment.

5.7. The Buyer must return the goods to the Seller within 10 (ten) days from the date on which the Buyer sends the withdrawal notification. The invoice, box, packaging, standard accessories, if any, and any other products supplied as gifts due to the purchase of the relevant goods must be returned to the Seller together with the returned goods, complete and undamaged.

5.8. Since refunds for orders paid through bank accounts or credit cards, and the time required for them to appear in the consumer Buyer’s account, depend entirely on the bank’s processing procedures, the Seller cannot intervene in possible delays. The Seller shall under no circumstances be held liable for any loss that the Buyer may suffer as a result of these procedures.

5.9. The Buyer may not exercise the right of withdrawal in the circumstances specified in Article 15 of the Distance Contracts Regulation or under agreements concluded in accordance with such circumstances.

6. Intellectual Property

6.1. The Buyer accepts and declares that all rights arising from the Turkish Law on Intellectual and Artistic Works (FSEK) relating to the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients, solid colour tones and all types of graphic designs, illustrations, drawings, designs and works used in the design of the products manufactured by the Seller, as well as all products offered for sale on the Site, belong to the Seller.

6.2. All intellectual and industrial property rights relating to any information and content available on the Site, and its arrangement, revision and partial or complete use, belong to the Seller, except for those belonging to other third parties under the Seller’s agreements. The product(s) purchased by the Buyer, or any information, software or services derived from all or part of such product(s), may not be modified, copied, distributed, reproduced, published, used in derivative works, transferred or sold. The Buyer accepts and undertakes that they shall not use or arrange for the use of the product purchased under this Agreement for unlawful purposes and/or through unlawful means. Otherwise, all civil and criminal liability that may arise shall belong to the Buyer. The Seller reserves the right to claim compensation and make any other claims arising from such unauthorised use against any allegations and claims that may be asserted against the Seller by third parties or competent authorities.

7. Resolution of Disputes

7.1. Any complaints and objections arising from this Agreement may, according to the monetary limits determined annually by the Turkish Ministry of Trade in December, be submitted to the Consumer Arbitration Committee or the Consumer Court located in the Buyer’s place of residence or in the place where the consumer transaction was carried out.

8. Final Provisions and Entry into Force

8.1. The Seller may assign its rights and obligations arising from this Agreement to third parties without obtaining the Buyer’s consent. The Buyer may not assign their rights and obligations arising from this Agreement to third parties without obtaining the Seller’s consent.

8.2. In any disputes that may arise under this Agreement, the Buyer accepts that the electronic and system records maintained by the Seller in its own database or servers, together with its commercial records, accounting records, microfilm, microfiche and computer records, shall constitute valid, binding, conclusive and exclusive evidence; that the Seller is exempt from the requirement to tender an oath; and that this provision constitutes an evidential agreement within the meaning of Article 193 of the Turkish Code of Civil Procedure.

8.3. The occurrence of circumstances beyond the reasonable control of the Parties that prevent and/or delay the performance of their obligations under this Agreement, without any fault or negligence on the part of the relevant Party, shall be considered force majeure. Examples include strikes, lockouts, war whether declared or undeclared, civil war, acts of terrorism, earthquakes, fires, floods and similar natural disasters; legislative and administrative actions by any public authority, provided that they do not arise from the inadequacy of either Party; and technical failures or delays resulting from other service providers supplying internet connectivity, among other similar circumstances. The Parties shall not be held liable for failing to perform their obligations fully or on time in situations involving such events, which are beyond their control and could not reasonably have been foreseen. A Party whose obligations are affected by force majeure shall notify the other Party in writing as soon as possible and shall provide, at the earliest opportunity, a document issued by an authorised person or institution evidencing the relevant force-majeure event.

8.4. The text of this Agreement shall be sent by email to the address provided by the Buyer immediately after its approval and shall be retained by the Seller for 3 (three) years. Whenever the Buyer wishes, they may request a copy of this Agreement from the Seller by submitting a request to bilgi@emsuncocukdunyasi.com

8.5. This Agreement shall be deemed concluded and shall enter into force on the date it is approved online by the Buyer through electronic confirmation. Transactions carried out through the Site shall be considered binding declarations of intent between the parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation in force.

SELLER
EMSUN TEKSTİL İNŞAAT SANAYİ TİCARET LTD. ŞTİ.

BUYER