Article 1 – Parties
- 1.1. Seller
Name: İZERSAN YAPI MALZEMELERİ SAN. VE TİC. LTD. ŞTİ.
Address: Folkart Towers A Tower No:47 Floor:28/2809 Bayraklı / İZMİR
Phone: 0232 970 13 95
Email: Info@Izersan.Com.Tr
- 1.2. Buyer
Name – Surname / ID Number
Address
Phone
Article 2 – Subject
- 2.1. This Distance Sales Agreement is prepared in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Agreement declare and accept that they are aware of and understand the obligations and responsibilities arising from Law No. 6502 and the Regulation on Distance Contracts.
- 2.2. The subject of this Agreement is the sale and delivery of the product(s), the specifications and sales price of which are specified below, which the Buyer ordered electronically from the Seller’s website http://www.dryfix.com.tr, and the determination of the parties’ rights and obligations according to the provisions of Law No. 6502 on the Protection of Consumers.
- 2.3. The Buyer declares and accepts that the Seller has clearly, understandably, and appropriately informed him/her via the internet about the Seller’s name, title, full address, phone and other contact details, the main characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, all preliminary information related to the goods subject to sale, the conditions, duration, and procedures for exercising the right of withdrawal (“cooling-off”), in which cases this right cannot be exercised or conditions under which it is lost, and the official authorities to whom complaints and objections can be submitted; and that the Buyer electronically confirmed this preliminary information and subsequently placed the order in accordance with this Agreement.
Http://Www.Dryfix.Com.Tr pre-information on the website and the invoice issued upon the order by the Buyer constitute integral parts of this Agreement.
Article 3 – Basic Characteristics of the Goods or Services / Payment / Delivery Information
- 3.1. The type and kind of products (goods/services), quantity, brand/model, sales price, payment method, person receiving the delivery, delivery address, invoice information, and shipping fee are as stated below. The delivery information including the delivery address notified by the Buyer is as stated below. The person invoiced must be the same as the contracting party.
- 3.2. The information below must be accurate and complete. The Buyer accepts full responsibility for any damages arising from incorrect or incomplete information and assumes all liabilities resulting from this situation.
- 3.3. The Seller reserves the right to suspend the order if the information provided by the Buyer does not match reality. If the Seller detects a problem in the order and cannot reach the Buyer via the phone, email, or postal address provided, the Seller will suspend the order for 15 (fifteen) days. The Buyer is expected to contact the Seller within this period. If no response is received from the Buyer within this period, the Seller may cancel the order to prevent harm to both parties.
- 3.4. Shopping can be made using a credit card through http://www.dryfix.com.tr.
Article 10 – Order Procedure
- 10.1. After the buyer approves the total amount in Turkish Lira including VAT of the products added to the shopping cart (in installment transactions, the total installment amounts), the transaction is processed via the POS terminal of the related bank card. Therefore, an order confirmation email is sent to the customer before shipment. No shipment is made before the order confirmation email is sent.
- 10.2. Any disruptions in the order process or problems related to the credit card will be notified to the buyer through one or more of the contact methods (phone/fax/email) specified in the contract. If necessary, the buyer may be asked to contact their bank.
- 10.3. The time when orders are processed for orders created without membership or registration is not the time the order is placed but the time when it is confirmed that the payment has been successfully collected from the credit card via the website.
- 10.4. In exceptional justified cases, if it is understood that the product subject to the contract cannot be supplied and/or there is a stock problem, the buyer will be clearly and understandably informed. Upon the buyer’s approval, another product of equal quality and price may be sent or, according to the buyer’s preference and choice, a new or different product may be sent, the buyer may wait for the product to be restocked or for other obstacles preventing delivery to be removed, and/or the order may be canceled.
- 10.5. If the delivery obligation of the product subject to the contract becomes impossible to fulfill, the buyer will be informed of this situation and the total amount paid and any documents that cause liability will be refunded within ten days at the latest, and the contract will be canceled. In such a case, the buyer shall not have any further material or moral claims against the seller.
Article 11 – Payment Procedure
If after delivery of the product, the buyer’s credit card is used unlawfully or illegally by unauthorized persons without the buyer’s fault, and the relevant bank or financial institution does not pay the seller the product price, the buyer is obliged to send the product delivered to him/her back to the seller within 10 days. In such cases, shipping costs are borne by the buyer.
If the buyer has chosen to pay by credit card, the buyer accepts, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information from their bank, and that provisions regarding interest and default interest will apply within the scope of the “Credit Card Agreement” between the bank and the buyer according to the applicable legislation.
Article 12 – Shipment Procedure
Upon sending the order confirmation email, the product(s) are handed over to the cargo company contracted by the seller.
Article 13 – Delivery Procedure
- 13.1. The product(s) will be delivered to the buyer’s address via the cargo company contracted by the seller. The delivery time is determined as soon as possible from the sending of the order confirmation email and the establishment of the contract, or according to the delivery information specified in the buyer’s order details note. This period may be extended by up to ten days if the buyer is notified in writing or via a permanent data carrier beforehand.
- 13.2. Products will be sent with telephone notification to regions where cargo companies do not deliver to the address directly.
- 13.3. In regions where the cargo company delivers once a week, delays may occur due to incorrect or incomplete shipment information, certain social events, or natural disasters. The buyer cannot hold the seller responsible for such delays. If the product is delivered to a person/organization other than the buyer, the seller is not responsible for extra shipping costs arising from refusal of delivery by the recipient, incorrect shipment information, and/or the buyer not being present. If the product(s) have not reached the customer within the specified days, delivery problems must be immediately reported to customer service at Info@Izersan.Com.Tr.
- 13.4. In case of a damaged package; damaged packages must not be accepted and a report must be drawn up with the cargo company official. If the cargo company official believes the package is not damaged, the buyer has the right to open the package on the spot, check that the products have been delivered undamaged, and request that this be recorded with a report. After the buyer accepts the package, it is assumed that the cargo company has fully fulfilled its duty. If the package is not accepted and a report is made, this situation must be reported to the seller’s Customer Service as soon as possible along with the copy of the report kept by the buyer.
Article 14 – Right of Withdrawal
- 14.1. The buyer may return the purchased goods/services by exercising their right of withdrawal within 14 (fourteen) days from the delivery date without assuming any legal or criminal liability and without giving any reason. According to the General Communiqué of the Tax Procedure Law No. 385, for the return process to be carried out, the buyer must fully and correctly fill out the return sections at the bottom of the two invoices issued by the seller delivered with the goods, sign them, send one copy along with the product to the seller, and keep the other copy. The withdrawal period starts from the date the product is delivered to the buyer. The shipping cost for the returned product(s) must be borne by the buyer.
- 14.2. There is no right of withdrawal for goods prepared according to the buyer’s requests and/or explicit personal needs.
- 14.3. The buyer must send the product to be returned under the right of withdrawal, along with its box, packaging, and if available, standard accessories to the seller within 10 (ten) days from exercising the right of withdrawal. The shipping cost of returned products shall be borne by the buyer. Within 14 (fourteen) days following the exercise of the right of withdrawal, the total amount paid by the buyer through the payment method used at purchase and any documents creating a debt will be refunded to the buyer.
- 14.4. In the event of exercising the right of withdrawal,
- the original invoice of the product delivered to the buyer must be returned (If the invoice for the product to be returned is corporate, it must be sent together with the return invoice issued by the corporation. Returns for orders invoiced to corporations cannot be completed without a RETURN INVOICE).
- Filling out the return form is mandatory.
Article 15 – Situations Where the Right of Withdrawal Cannot Be Exercised
The right of withdrawal cannot be exercised in the following cases:
- Goods and services whose price depends on fluctuations in financial markets and are outside the control of the seller,
- Goods prepared according to the consumer’s requests or personal needs (all colors except white are custom made),
- Perishable goods or goods with an expiration date,
- Goods whose protective elements such as packaging, seals, tape, or package have been opened after delivery and whose return is not suitable for health and hygiene reasons,
- Goods that are mixed with other products after delivery and cannot be separated due to their nature,
- Books, digital content, and computer consumables presented in a material form, if the protective elements such as packaging, tape, seal, or package have been opened after delivery,
- Periodicals such as newspapers and magazines, except those provided under a subscription contract,
- Services related to accommodation, transportation of goods, car rental, food and beverage supply, and leisure or entertainment activities to be performed on a specific date or during a specific period,
- Services performed immediately in an electronic environment or intangible goods delivered instantly to the consumer,
- Services for which performance has begun with the consumer’s consent before the end of the withdrawal period.
Article 16 – Refund Procedure
- 16.1. In cases where the buyer exercises the right of withdrawal or when the ordered product cannot be supplied for various reasons or when the arbitration committee decides a refund for the buyer, if the purchase was made by credit card and in installments, the refund procedure to the credit card is as follows.
- 16.2. The bank refunds the buyer with the same number of installments as the product was purchased. After the seller notifies the bank of the cancellation of the product sale, in case of refund of installment payments made via bank POS to the buyer’s credit card, the refund amounts requested are transferred again in installments by the bank to the buyer’s account so that the involved parties do not suffer any loss. If the installment payments made by the buyer until the cancellation date do not coincide with the card’s billing periods, one refund will be posted monthly to the card, and the buyer will continue to receive the installments paid before the refund until the installments of the sale end, thus deducting from their current debts. Furthermore, since installment sales are only made with bank-issued credit cards, the buyer agrees, declares, and undertakes to separately confirm the relevant interest rates and default interest with their bank, and that the provisions regarding interest and default interest are applied under the “Credit Card Agreement” between the bank and the buyer. In the case of a return of goods or services purchased by card, the seller cannot pay cash to the buyer according to the agreement with the bank. The seller will perform the refund through the relevant software and is obliged to pay the amount to the bank either in cash or by offset; therefore, cash payment to the buyer is not possible under the procedure described above. Refunds to the credit card will be made by the bank following the seller’s notification of the sale cancellation to the bank. The buyer acknowledges and accepts having read and agreed to this procedure.
Article 17 – Privacy
- 18.1. The information specified in this contract by the buyer and the information provided to the seller for payment purposes will not be shared with third parties by the seller. The seller may only disclose such information within the scope of administrative/legal obligations. If the seller holds information requested during any judicial investigation with documented authority, the seller may provide it to the relevant authority.
- 18.2. Credit card information is never stored; it is only securely transmitted to the relevant banks during the collection process for authorization purposes and is deleted from the system after authorization.
- 18.3. The buyer’s email address, postal address, and telephone number are used by the seller only for standard product delivery and notification procedures. Occasionally, campaign information, new product information, and promotional details may be sent to the buyer after obtaining their consent.
Madde 18-Bildirimler ve Delil Sözleşmesi
All correspondence between the parties under this agreement shall be conducted via e-mail, except for mandatory cases specified by law. The Buyer acknowledges, declares, and undertakes that in case of disputes arising from this agreement, the seller’s official books and commercial records, as well as the electronic data and computer records kept on its own servers, shall constitute binding, conclusive, and exclusive evidence, and that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
Article 19 – General Provisions
- 20.1. The product subject to the contract shall be delivered to the Buyer or a third party at the address indicated on the website within the legal period of 30 (thirty) days at the latest, under the conditions stated below. The Seller ships and delivers the products via contracted cargo companies. If the cargo company does not have a branch in the Buyer’s location, the Buyer must pick up the product from another nearby branch notified by the Seller.
- 20.2. Unless otherwise expressly stated, delivery costs (such as shipping fees) shall be borne by the Buyer. Depending on campaigns conducted at the time of sale and announced on the website, the Seller may cover all or part of the delivery costs without charging the Buyer.
- 20.3. If the Buyer is not physically present at the delivery address at the time of delivery or if the persons at the address refuse to accept the delivery, the Seller shall be deemed to have fulfilled its obligation. If no one is available at the address to receive the product, it is the Buyer’s responsibility to contact the cargo company and follow up on the shipment. The Seller shall not be held responsible for additional shipping costs incurred due to incorrect shipment information or the absence/refusal of the recipient if the product is delivered to a person/organization other than the Buyer. In such cases, any damages caused by the delayed receipt of the product, waiting at the cargo company, or return shipping costs to the Seller shall be borne by the Buyer.
- 20.4. The Buyer is responsible for inspecting the product at the time of receipt and for refusing acceptance and recording a report with the cargo company if any damage caused by the cargo is detected. Otherwise, the Seller shall not accept any responsibility.
- 20.5. Unless otherwise stipulated in writing by the Seller, the Buyer must fully pay the price before taking delivery. In cash sales, if the full price is not paid to the Seller before delivery, or in installment sales if the installment due is not paid, the Seller may unilaterally cancel the contract and withhold delivery of the product. If the bank/financial institution associated with the credit card used for payment does not pay the Seller for any reason after delivery or requests a refund, the Buyer must return the product to the Seller within 3 (three) days at the latest. If non-payment is due to the Buyer’s fault or negligence, shipping costs shall be borne by the Buyer. The Seller reserves all contractual and legal rights to pursue the product price without accepting returns. For the avoidance of doubt, when the Buyer pays with credit cards or installment cards issued by banks (including financial institutions), all facilities provided by these cards are directly credit and/or installment payment options granted by the card issuer; sales conducted and paid in full or in installments by the Seller are considered cash sales between the parties. The Seller’s legal rights in cases of installment sales (such as terminating the contract if installments are not paid and/or demanding payment of the remaining debt with default interest) are valid and reserved within the scope of relevant legislation. In case of Buyer’s default, default interest is applied monthly as per applicable laws.
- 20.6. If the Seller learns that it cannot supply the product subject to the contract, the Seller shall inform the Buyer clearly and in accordance with the law within 3 (three) days from the date of learning this, obtain verbal/written approval, and may supply another product/service of equal quality and price, thereby fulfilling its contractual obligation. The Buyer is free to approve or refuse this; if refused, the contract cancellation provisions shall apply.
- 20.7. The Buyer may verbally or in writing communicate any requests or complaints related to the product and sale through the Seller’s contact channels provided at the beginning of this contract.
- 20.8. In the resolution of any disputes arising from or related to this contract, the Seller’s records (including computer and audio recordings stored in magnetic media) shall constitute evidence; the parties’ rights under mandatory legal provisions remain valid and reserved.
Article 20 – Competent Court in Case of Dispute
In the enforcement of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the location where the Buyer resides and where the goods or services were purchased shall have jurisdiction up to the value announced by the Ministry of Customs and Trade. According to Article 68, Paragraph 1 of Law No. 6502 on Consumer Protection, district/provincial consumer arbitration committees have jurisdiction regarding consumer claims within the specified limits.
By placing an order, the Buyer is deemed to have accepted all terms of this agreement.
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