DISTANCE SALES CONTRACT AND RECORDING OF PERSONAL DATA
- PARTIES TO THE AGREEMENT
- SELLER: Title: Newmos Glass Trading Ltd.
Address: Özgürlük Avenue No:9 Haspolat / Nicosia
Phone number: +90 (392) 233 – 5930
- BUYER: Full Name:
- PRODUCTS SUBJECT TO ORDER
- SUBJECT OF THE CONTRACT
- The subject of this Distance Sales Contract (hereinafter referred to as the “Contract”) is the determination of the rights and obligations of the Parties in relation to the sale and delivery of the product, which the Buyer has purchased by placing an electronic order from the Seller’s website hizlicamkibris.com, which has the qualifications written on the Internet Site (Hereinafter briefly referred to as the ‘Website’) and whose sales price is specified.
- The Buyer accepts and declares that the basic characteristics of the product subject to sale mentioned above, sales price, quantity, payment method, delivery conditions and similar information about the product subject to sale and cancellation and return conditions, confirm this information on their own will, and then place an order for the product.
- RIGHTS AND OBLIGATIONS OF PARTIES
- After full payment, the Seller is obliged to produce the products, whose quantity, size and type are entered in full on the Website, within the rates of wastage and delivery date in the options in the description of each product, and to deliver them completely as desired.
- While signing up for the Website and purchasing, the buyer is obliged to report all information requested from them, such as name, surname, company title, e-mail address, telephone, address, billing information, in accordance with the law, up to date, accurately and completely.
- PROVISIONS REGARDING THE ORDER(S)
- The parties to this Contract are the Buyer and the Seller. In this context, all obligations and responsibilities related to the performance of this Contract belong to the parties of the Contract.
- For the products that the buyer wishes to order, you can order the product by choosing options such as type, size, color, quantity of the product and entering its dimensions into the system.
- The Buyer agrees in advance that The return conditions will change depending on whether the products ordered are ready-made, personalized or corporate-specific orders. In this context, the Buyer accepts in advance that they do not have the right to return the products if the products are specially prepared for them, regardless of legal or real person.
- After placing the order, the Buyer can upload the order to the site via the login page. After checking the suitability of the order for production, approval regarding the suitability of the order for production will be obtained from the Buyer via electronic communication, and the Buyer’s order will be put into production after the confirmation is received via the e-mail ingenuity entered when placing the order or via the confirmation button on the website.
- After the buyer completes the purchase, within 7 (seven) days at the latest, the suitability of the dimensions for printing on issues such as cutting allowance, grinding allowance, hole placement is checked, and, if necessary, corrections are made regarding these issues. The final version suitable for production and the suitability of the order are sent to them via e-mail.
- The Buyer must approve the dimensions optimized for the order sent to them within 7 (seven) days. If the measurements are not confirmed within the given time, the design is produced and delivered by the Buyer as it was originally created. Due to the nature and dimensions of the products offered on the Website, the Buyer has to read the options presented to them in order to produce the product and, if necessary, choose from the options presented to them. The Buyer is responsible for the wrong options declared and chosen while choosing the product and the preparation of the product according to his own demand, as chosen from the Website.
- After the buyer chooses the product with all its qualities and completes their preferences, the purchase is completed with the payment.
- After the Buyer approves the design, the ordered products are delivered to the customer within 30 (thirty) days.
- CANCELLATION AND REFUND CONDITIONS
- Under this Contract, since, as a rule, there are products and services produced in accordance with the Buyer’s special requests and demands or made special to the Buyer by making changes or additions, these products cannot be canceled or returned.
- Before confirming order and design, and before the purchased products go into production, the buyer has the right to completely abandon the order. If the Buyer notifies the Seller of this waiver request in a timely manner via e-mail or via the telephone number on the ‘Contact’ page on the Website, the price of the product is returned to them within 10 (ten) working days, or upon the Buyer’s request or approval, this amount can be kept in their account and used in their future orders, or a coupon code can be defined to the Buyer and used in their next orders.
- In case the products subject to the order are requested to be canceled before they go into production, for the relevant orders, fees, if any, for the transactions made so far (glass cutting, lath cutting, etc.) are deducted, and the amount will be returned to the Buyer within 10 (ten) working days.
- DELIVERY OF THE PRODUCTS AND DELIVERY METHOD
- If “Delivery to Address” or “Delivery to Address + Assembly” option is selected, the products subject to the order will be delivered to the Buyer at the address specified by the Buyer above. The Buyer accepts, declares and undertakes that the information they give about the delivery of their order, such as “Delivery Information” and “Buyer”, is correct and up-to-date, and that the order can be received by themselves or the buyers they have determined, only in return for the presentation of their identity.
- As a rule, delivery cost belongs to the Buyer. If the Seller has declared on the Internet Site that the delivery fee of those who shop above the amount announced during the transaction period in the system will be covered by them or that they will make free delivery within the scope of the campaign, delivery cost will be covered by the Seller. However, the Seller is free to determine under which conditions the delivery will be covered by them and does not make any commitment regarding the delivery fee.
- Delivery is made as soon as possible, depending on the availability of stocks for ready-made products, production time for products to be produced, and not exceeding 30 (thirty) days after the price of the product subject to the order is transferred to the Seller.
- After confirmation of the Buyer’s payment information and confirmation in electronic form, the order will be deemed to have been placed.
- Orders placed on Saturday, Sunday and public holidays are deemed to have been given on the first business day following the confirmation of the payment information.
- SELLER’S RESPONSIBILITY AGAINST THE DEFECT
- The buyer is responsible for checking for defects during the delivery of the ordered products.
- If there is a clearly visible defect in the delivered products, the Buyer is obliged to notify the situation to the Seller within 3 (three) days. Otherwise, the Buyer shall be deemed to have accepted the delivered product as defective.
- The Buyer has an obligation to inspect and control (inspect and/or have the product examined) against any (hidden) defects in the products delivered to them and immediately notify the Seller if it detects/has a defect in the products within 8 (eight) days from the delivery date. Otherwise, the Buyer shall be deemed to have accepted the delivered product as defective.
- By creating a return request on the Website together with the defect notice, the Buyer is obliged to send the product to the Seller fully and completely as it was received. In order for the Buyer to return the delivered product for any reason, the product must be kept in its original packaging and returned in its original form, complete with all packaging materials, without any physical damage. In addition, all originals and copies of the waybill and invoice must be sent with the products.
- Except for damage caused by the delivering carrier, if there is any abnormal condition such as damage, dents or wetness that can be noticed before the package is opened, the Buyer should request the delivery officer to prepare a report.
- The seller performs the necessary checks with the notification duly made and after the delivery of the product to them, if the Buyer is right in their declarations (color difference that may occur, deep scratches that can be seen from 2m distance), they replace or reprint the defective product and delivers it to the Buyer at their own expense. The buyer can also request a refund if they wish. In this case, the refund will be made within 10 (ten) business days.
- In cases where the returned defective product is out of stock, there is no possibility of remanufacturing, the material to be produced cannot be found or due to similar compelling reasons, the possibility of replacing it with a non-defective product is no longer possible, the Seller declares and undertakes to return the product price to the Buyer in the same way as the collected method, without paying any interest or expense.
- PROVISIONS ON PRICES
- The fee for products ordered by the Buyer from the Website is stated on the Website and in the content of the invoice sent to the Buyer. Unless otherwise stated, prices do not include VAT.
- In case the Buyer makes shopping with credit card and in installments, the installment form chosen from the Internet Site is valid. In installment transactions, the relevant provisions of the contract in force between the buyer and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the Buyer, and the Seller has no liability regarding this matter.
- STATEMENTS OF THE SELLER AND SITUATIONS SELLER IS NOT RESPONSIBLE
- The Seller reserves the right to make changes on the prices, product, color, material types, ready-made designs, promotions and campaigns on the Website and/or cancel, delete, and disable all specified issues at any time, without the obligation to give any further notice. The Buyer agrees and declares in advance that they will not demand any compensation from the Seller for any direct and/or indirect damages incurred due to these changes or cancellations.
- The seller cannot be held responsible for the Buyer’s mistakes in the dimensions sent, wrong placement, improper processing, wrong glass type selection and color errors will occur While the order is being created.
- Although the seller is not obliged to examine whether the content prepared to be printed in the products to be produced is in compliance with the general legislation, they reserve the right to refuse to accept content that it does not deem appropriate and to cancel the order in this direction.
- The seller accepts that they know that some printed products are not suitable for outdoor use, they will not be exposed to the sun or moisture, and some products should be kept in suitable storage conditions.
- Regarding the subject of this Contract, the Buyer agrees and undertakes not to claim any damages, including any positive and/or negative damage and loss of profit, in case of incomplete or defective performance of the Contract by the Seller. In this context, the Seller’s material liability that may arise from this Contract is up to the maximum amount of the order.
- The Users declare, accept and undertake that they comply with all national and international legislation on the prevention of terrorism and financing of terrorism and money laundering, that they have a terrorist connection or extension, that they are aware of, that pose a threat to the national security and integrity of the country, that take part in activities that disrupt the peace of the nation, that the state declares / that they are not affiliated with any institution or organization that is on the terrorist organization lists, engaged in money laundering activities or suspected of being involved.
- As a result of breach tort, negligence or other reasons of contract, they do not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records.
- PRIVACY AND PROTECTION OF PERSONAL DATA
- The Seller accepts that they will take the necessary measures by making reasonable efforts to ensure the security of the information entered by the User on the Website and the transactions performed, and that the measures to protect this information have been taken to the extent technical possibilities allow. However, due to the fact that the protection is not sufficient when the user enters the said information from their own device, from being accessed by unrelated third parties and/or from viruses and similar harmful applications.
- Regarding all information and/or content related to the Website and their revision, arrangement and full and/or partial use, all intellectual and/or visual and/or arrangement and/or renewal and/or change, that is, all intellectual-industrial and property rights, except for the Contracts made by the Seller with other third parties and those reserved for third parties, belong solely to the Seller.
- Via the contact information specified by the Seller on the Website, the User can always use the personal data usage transactions and/or communications by contacting the Seller. With the user’s notification, the Seller may suspend or delete the User’s personal data and/or communications or, if required by law, may continue to keep the personal data and/or communications anonymously, without revealing the User’s identity.
- Even if the User’s membership expires, the user accepts and declares that all personal and shopping information provided on the Website, including this application form, is correct, and the Seller and/or Program Collaborators are not responsible for any damages that may occur as a result of the collection and processing of the information provided by the User by the Program Collaborators, and the failure to update the information provided within the scope of the Website or the User’s giving false information.
- The Buyer acknowledges that they have been notified that they have the following rights;
- The right to be informed about whether the personal information he has given is being processed;
- The right to be informed about the purpose of processing personal data and to learn whether the aforementioned information is used for this purpose;
- The right to know the third parties to whom personal data is transferred, if any;
- The right to request the correction of this information and to request the notification of the change to the third parties to whom the data has been transferred in case of inaccurate and/or incomplete personal data;
- The right to request the deletion of personal data within the framework of the law and/or the terms of this Contract and to request the notification of the third parties to whom the data has been transferred;
- The right to demand the compensation of the damage in case the Buyer suffers damage due to the unlawful processing of personal data.
- FORCE MAJEURE
- It is considered force majeure that Circumstances that did not exist at the date of conclusion of the Contract and developed beyond the control of the Seller, which, as a result, make it impossible for the Seller to partially or completely fulfill the obligations and responsibilities undertaken by the Contract, or to fulfill them on time (all kinds of natural disasters, wars, terrorism, uprisings, changes in legislative provisions, seizures, strikes, lockouts, major malfunctions in production and communication facilities, widespread and/or continuous electricity and/or internet interruptions, etc.),
- In the event of Force Majeure, the Seller may avoid unilaterally fulfilling the obligations under this Contract, without compensation, by returning the price paid.
- In case the force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Contract and request a refund of the price paid.
- APPLICABLE LAW AND PLACE OF JURISDICTION
- In all kinds of disputes that arise / may arise between the parties, The Buyer irrevocably accepts, declares and undertakes that the Seller’s commercial books, records and documents, as well as computer, fax records, microfilms, and e-mail correspondence will be considered as definitive evidence.
- This Contract has been arranged and approved electronically between the Parties before the Buyer makes the payment; İn this context, this Contract replaces the written Contract between the Parties and has the effect of an electronic document.
- In the resolution of any dispute arising from this Contract, The Courts of the Turkish Republic of Northern Cyprus are authorized and in charge, and the law of the Turkish Republic of Northern Cyprus will be applied in the resolution of any dispute.