Article 1 – Subject and Parties of the Agreement
1.1. This agreement determines the rights, laws, and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts regarding the sale of products and services and the delivery of products to the delivery address made by the BUYER, whose detailed information is provided below, through the website operated by the SELLER, www.thebeach.com.tr; (hereinafter referred to as the WEBSITE).
1.2. The BUYER declares and undertakes that they are aware of the basic qualities of the goods or services subject to sale, the sales price, payment method, delivery conditions, and all pre-information regarding the goods or services subject to sale and the right of withdrawal, that they have confirmed this pre-information electronically, and subsequently placed an order for the goods or services in accordance with the provisions of this agreement. The pre-information and invoice on the payment page of www.thebeach.com.tr are an integral part of this agreement.
1.3. SELLER INFORMATION
Title: Evson İnşaat Taahhüt Sanayi Ve Ticaret Ltd.Şti
Address: Alaaddinbey Mah. 613.Sk. 5 Nolu BĞMZ No:2 A NİLÜFER/BURSA Phone: (+90) 224 441 41 58 Fax: (+90) 224 443 02 46 Email: info@thebeach.com.tr
1.4. BUYER INFORMATION
1.4. BUYER INFORMATION
Name / Title:
Delivery Address:
Phone:
Email:
IP Address:
Article 2 – Date of the Agreement
2.1. This agreement was concluded by the parties on the date of @Model.Date when the BUYER’s order was completed on the WEBSITE, and a copy of the agreement was sent to the BUYER’s email address.
Article 3 – Subject of the Agreement: Products and Services
3.1. The details of the products and services ordered by the BUYER, including the pre-sale prices inclusive of taxes and quantity information, are specified.
Article 4 – Delivery of Products
4.1. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the INTERNET SITE or to the person/organization indicated at the address, along with its invoice, securely packaged and intact, within a maximum of 30 days, unless there are compelling reasons necessitating an extension of this period.
4.2. If the PRODUCT is to be delivered to another person/organization other than the BUYER, the SELLER shall not be held responsible for the refusal of the recipient to accept delivery.
4.3. The BUYER is responsible for inspecting the PRODUCT upon delivery and refusing acceptance of the PRODUCT and documenting any issues arising from the shipment to the CARRIER representative if any shipping-related issues are observed. Otherwise, the SELLER will not accept liability.
Article 5 – Payment Method
5.1. Due to the fact that installment sales are made only with credit cards belonging to Banks, the BUYER acknowledges, declares, and undertakes that he/she will additionally confirm the relevant interest rates and default interest rates from his/her bank and that, in accordance with the provisions of the current legislation, the provisions regarding interest and default interest will be applied between the Bank and the buyer within the scope of the credit card agreement. Installment/payment facilities provided by institutions such as Banks and financial institutions offering credit cards, installment cards, etc. are installment payment facilities provided by a loan and/or directly by the said institution; in this context, the sales of PRODUCTS where the SELLER has fully collected its price are not considered installment sales, but cash sales. The SELLER’s legal rights in cases considered as installment sales by law (including the right to terminate the contract if any of the installments are not paid and to demand the payment of the entire remaining debt together with default interest) exist and are reserved. In the event of default by the BUYER, a default interest of 5% per month shall be applied.
Article 6 – General Provisions
6.1. The BUYER acknowledges that he/she has read and informed about the basic characteristics of the products displayed on the WEBSITE, the sales price, payment method, and delivery information, and provided the necessary confirmation electronically for the sale.
6.2. By confirming this agreement electronically, the BUYER confirms that he/she has acquired correct and complete information about the address to be given by the Seller before the conclusion of the distance contracts, the basic characteristics of the ordered products, the prices of the products including taxes, payment, and delivery information.
6.3. The SELLER is responsible for delivering the product covered by the contract intact, complete, in accordance with the specified qualifications in the order, and, if any, with warranty certificates and user manuals.
6.4. The SELLER may supply a different product of equal quality and price before the performance obligation arising from the contract expires.
6.5. If the SELLER is unable to fulfill the contractual obligations due to the impossibility of performance of the product or service subject to the contract, the SELLER shall notify the consumer of this situation before the performance obligation arising from the contract expires and may supply a different product of equal quality and price.
6.6. It is a condition that the signed copy of this agreement has been delivered to the SELLER for the delivery of the product covered by the contract and the payment of its price in the form preferred by the BUYER. In the event that the price of the product is not paid for any reason or is canceled in the bank records, the SELLER is deemed to have been relieved of the obligation to deliver the product.
6.7. If, for any reason, the Bank/financial institution to which the credit card transaction is affiliated with does not pay the PRODUCT price to the SELLER after the delivery of the PRODUCT, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the expense of the BUYER. The SELLER’s right to follow up on the collection of the PRODUCT price and all other contractual and legal rights is reserved separately and in any case.
6.8. In cases where the PRODUCT cannot be delivered within the 30-day period due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire, etc.) and the delay exceeds 10 days, the SELLER informs the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the end of the extraordinary situation. If the order is canceled and the price of the PRODUCT has been collected, it shall be refunded to the BUYER within 10 days from the date of cancellation. In credit card payments, the refund transaction is made to the BUYER’s credit card
Article 7 – Right of Withdrawal
7.1. The SELLER acknowledges and undertakes that the BUYER has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of delivery of the goods or signing of the contract without assuming any legal or penal liability, and undertakes to take back the goods from the date the withdrawal notification reaches the SELLER or the product provider.
7.2. It is mandatory to submit a written notification to the SELLER within this period in order to exercise the right of withdrawal. In case of exercising this right, it is obligatory to return the original copy of the invoice and a cargo delivery receipt indicating that the PRODUCT has been sent to the SELLER or to the BUYER or a third party. The price of the PRODUCT shall be refunded to the BUYER within 10 days following the receipt of these documents. In credit card payments, the refund transaction is made to the BUYER’s credit card.
7.3. In accordance with tax legislation, if the original invoice is not sent, VAT and any other legal obligations cannot be refunded. The shipping cost of the returned product shall be borne by the BUYER.
7.4. In the case of PRODUCTS produced according to the special requests and demands of the BUYER or customized with alterations or additions, or PRODUCTS that cannot be returned due to their nature, or which may rapidly deteriorate or expire, the BUYER cannot exercise the right of withdrawal.
Article 8 – Products Excluded from the Right of Withdrawal
8.1. Products that cannot be returned by their nature include single-use products, duplicable software and programs, and products that deteriorate rapidly or may expire.
8.2. The return of the following products is subject to the condition that the product’s packaging is unopened, undamaged, and the product is unused and untested.
All kinds of Cosmetic Products – Innerwear Products – All kinds of Personal Care Products – All kinds of software and programs – DVD, VCD, CD, and tapes – Computer and stationery consumables (toner, cartridge, ribbon, etc.)
Article 9 – Evidence Agreement and Competent Court
9.1. The records of the SELLER (including records in magnetic media such as computer-audio recordings) constitute conclusive evidence in the resolution of any disputes arising from or relating to this Agreement and/or its implementation; Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade, and in cases exceeding this value, Consumer Courts and Execution Offices in the domicile of the BUYER and the SELLER are authorized.
9.2. The BUYER declares, accepts, and undertakes that he/she has read all the conditions and explanations written in this Agreement and the order form, received all the sales conditions and other preliminary information, examined them, and fully accepted them.