DISTANCE SALES AGREEMENT 

 Article 1 – Parties:

a- Seller:

 

Title : YING YOUNG MODA TASARIM ÜRETİM VE PAZARLAMA A.Ş.

 

Address                        : Gayrettepe Mh. Prof. Dr. Bülent Tarcan Cd. Engin Pak İş Merkezi No:5 Beşiktaş/İstanbul

 

Phone : 0212 274 07 68

 

Email                        : yy@yingyoung.com

 

Mersis Number       : 0979113547600001

 

 

b- Buyer:

 

Adı–Soyad / Unvanı   :

Address                         :

Phone                        :

Email                        :

 

 

Article 2- Subject:

The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualifications and selling price of which are specified below, that the Buyer has ordered electronically from the Seller's website yingyoung.com.

In the event that the Buyer has a different legal status other than the Consumer, such as a trader/farmer/artisan, the Buyer agrees that under this agreement, the rights specifically granted to him under the provisions of the Law on the Protection of Consumers for Consumers and/or the Regulation on Distance Contracts. In this case, the Buyer accepts, declares and undertakes that there is no right of withdrawal/return in the Contract and that the periods arising from the consumer legislation in the Contract will be calculated in accordance with the provisions of the Turkish Code of Obligations and / or the Turkish Commercial Code, according to the legal title of the Buyer.000

Buyer, Seller's title, address, telephone and other access information, basic characteristics of the goods subject to sale, total sales price including taxes, payment method, delivery conditions and costs, etc. all preliminary information about the goods subject to sale and the use of the right of withdrawal and the official authorities to which they can submit their complaints and objections, etc. He/she accepts and declares that he/she has been informed by the Seller clearly, clearly and in accordance with the internet environment, that he/she has confirmed this preliminary information in electronic environment and then ordered the goods.

The Preliminary Information Form on the yingyoung.com website, the information form regarding Personal Data and the invoice issued on the order given by the Buyer are integral parts of this contract.

Article 3- Contractual Product/Payment/Delivery Information:

The type, quantity, sales price, payment method, delivery person, delivery address, invoice information, and shipping fee of the product/products purchased electronically are as follows.

The Buyer is responsible for any damages that may arise in cases where the Buyer's information is not conveyed correctly or is incomplete.

The Seller reserves the right to stop the order when the information given by the Buyer does not correspond to the reality, when it deems necessary. In cases where the Seller detects a problem in the order, if the Buyer cannot reach the Buyer from the telephone, e-mail and postal addresses given by the Buyer, it will freeze the execution of the order for 15 (fifteen) days. The Buyer is expected to contact the Seller regarding the issue during this period. If no response is received from the Buyer within this period, the Seller cancels the order so that both parties are not harmed.

Purchased Product/Products:
Name of the product : ……………………..

Product code : ……………………..

Number of Products     :  ………………………

Product Price / Payment Method:

Total Product Sales Price: ……….…. –TL (VAT INCLUDED)
Payment Method : [ ….. ] Credit Card /   [ …… ] Bank Transfer (or EFT)
Shipping cost : ………. -TL

Total Sales Price Including Cargo: …………..  (VAT INCLUDED)

Delivery Information:

Person to be Delivered              : …………………
Phone number : ………………….
Delivery Address           : …………………..

Billing Information:

Person / Institution to be Invoiced:  ………………………..
Billing address :  ………………………..
Tax Administration :  ………………………..
Tax Registration Number                        :  ………………………..

Article 4- Contract Date and Force Majeure:

The contract date is the date on which the order is placed by the Buyer on the yingyoung.com website.

Situations that do not exist or are not foreseen at the date of signing of the contract, develop beyond the control of the parties, and that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract, or to fulfill them on time, will be considered as force majeure (natural disaster, war, terrorism, uprising, changing legislative provisions, seizure or strike, lockout, production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing.

During the continuation of the force majeure, the parties will not be liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.

Article 5- Rights and Obligations of the Seller:

5.1. In cases where the Buyer has the title of consumer, the Seller may act as a trader, farmer, etc. In case of having a different legal title, the Seller shall be subject to Turkish Commercial Code and/or Turkish Code of Obligations etc. agrees and undertakes to fully fulfill the provisions of the relevant legislation and the obligations imposed on it in the contract within the framework of the relevant legislation.

5.2. Persons under the age of 18 (eighteen) cannot shop from yingyoung.com. The Seller shall assume that the age specified by the Buyer in the contract is correct. The Seller shall not be held liable in any way due to the wrong writing of the age of the Buyer.

5.3. yingyoung.com cannot be held responsible for advertisement and price errors caused by system errors or material errors. Accordingly, the Seller is not responsible for the system on the website, material errors or advertisement and price errors that may arise due to illegal interventions to the website. Based on system and material errors, the Buyer cannot claim any rights from the Seller.

5.4.  The processing time of orders placed on the yingyoung.com website is not the moment the order is placed, but the time the collection is made for the product ordered from the credit card account or bank transfer.

5.5. Links to other websites and/or other content that are not under the Seller's control and/or owned and/or operated by other third parties may be provided on the website of the Seller. These links are provided for the purpose of providing ease of orientation to the Buyer and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

6.6. The Seller may procure a different product of equal quality and price, by informing the Buyer and by obtaining her explicit approval, before the contractual performance obligation expires.

Article 6- Rights and Obligations of the Buyer:

6.1. The Buyer accepts and undertakes to fulfill the obligations imposed on her by this Agreement, except for force majeure. 

6.2. By placing an order, the Buyer accepts and undertakes that he/she is deemed to have accepted the terms of this Agreement and will make the payment in accordance with the payment method specified in the Agreement.

6.3. The Buyer, on the yingyoung.com website, the name, title, full address, telephone and other access information of the Seller, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of withdrawal and how to use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has clear, understandable and appropriate information on the subject of the internet and confirms this preliminary information in electronic environment.

6.4.  The buyer declares that she has read the product order, payment and product return conditions and is informed and gives the necessary confirmation in electronic environment.

6.5. If the buyer wishes to return the product she has purchased, she accepts and undertakes not to damage the product and its packaging under any circumstances, and to return the product within 10 (ten) days from the date of using the original invoice and delivery note and the right of withdrawal.

6.6. The buyer accepts that the right to return cannot be used in case the packaging, package and/or bottles are opened due to the nature of the products, since their return will not be appropriate in terms of health and hygiene.

6.7. In case the Buyer and the credit card holder used during the order are not the same person, or if a security vulnerability 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 submit 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 cardholder's bank stating that the credit card belongs to him. The order will be frozen until the Buyer provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the Seller has the right to cancel the order.

6.7. The Buyer declares and undertakes that the personal and other information provided while subscribing to the Seller's website are true, and that the Seller will immediately indemnify all losses incurred due to the untruthfulness of this information, in cash and in full, upon the Seller's first notification.

6.8. The Buyer agrees and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the website of the Seller. Otherwise, all legal and penal liabilities to arise will bind the Buyer completely and exclusively.

6.9. The Buyer may not use the Seller's website in a way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

6.10. The buyer will inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. It is the Buyer's responsibility to carefully protect the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used other than for ordinary use. The exceptions to the right of withdrawal in Article 9 are reserved, and in these cases, the Buyer's right of withdrawal cannot be mentioned. The invoice must be returned.

Article 7- Order and Payment Conditions:

After the Buyer approves the total amount of Turkish Lira, including VAT, for the products added to the shopping cart, credit card payment approval is received and the payment for the order is collected.

Before the orders are shipped, an order delivery information e-mail is sent to the Buyer.

Any disruption in the process or problems that may arise regarding credit card or bank transfer/EFT shall be notified to the Buyer by telephone or e-mail as specified in this Agreement. If necessary, the Buyer may be asked to contact his bank. The processing time of orders is not the moment the order is placed, but the time the product price is collected.

After the order is received, in case it is understood that the contractual goods cannot be supplied and/or a stock problem is encountered, if the Buyer is immediately informed and approved, another product of the same quality and price may be sent to the Buyer or the product may be expected to enter the stocks and/or the order may be cancelled.

In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the Buyer shall be informed of this situation within 3 (three) days at the latest, and the total price paid and any documents that put him under debt, if any, shall be returned to him within 14 (fourteen) days at the latest, and the Contract shall be cancelled. In such a case, the Buyer shall not claim any additional material and moral damages from the Seller.

If the payment is made by wire transfer and EFT, the date of the payment will be taken into account. When making a wire transfer or EFT, “Gönderen Bilgileri”nin Fatura Bilgileri ile aynı olması ve sipariş numarasının mutlaka açıklama kısmında yazılması gereklidir.

After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, the Buyer is obliged to send the delivered product to the Seller within 10 (ten) days. In such cases, shipping costs belong to the Buyer.

 Article 8 – Delivery:

The invoice drawn up according to the billing information provided by the Buyer is delivered to the Buyer together with the Product. The Seller is not responsible if there is an error in the billing information reported by the Buyer.

Upon sending the Order Confirmation e-mail to the Buyer, the products are given to the courier company that the Seller has contracted with and the delivery is carried out by the said courier company.

The products will be delivered to the address specified by the Buyer during the order by the courier company with which the Seller has an agreement. Delivery is not possible to a different address.

The delivery period will be realized within a maximum of 30 (thirty) days from the sending of the Order Confirmation e-mail and the establishment of the contract.

The products are delivered to the Buyer at the regional office of the courier company by telephone notice in the regions where the courier companies do not deliver to the specified address.

In the regions where the Cargo Company delivers once a week, or in cases where there are errors or omissions in the delivery information, or in cases such as terrorism, social events and/or natural disasters, the specified day time may be extended. Due to these reasons, the Buyer cannot impose any responsibility on the Seller for the delays in delivery.

If the product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for the extra shipping costs that may arise from the person/organization not accepting the delivery, inaccuracy in the shipping information and/or the Buyer's absence. If the product/products did not reach the customer within the specified days, delivery problems should be reported to the customer services immediately by using the hello @yingyoung.com e-mail address. Otherwise, the responsibility is on the Buyer.

If it is seen that the packages of the products are damaged during the delivery, the packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company representative thinks that the package is not damaged, the Buyer has the right to open the package and have the products in it checked that it was delivered undamaged and to request that the situation be determined with a report.

The buyer is obliged to check during delivery whether the product quantity is suitable for the order, apart from the damage. If there is a deficiency in the number of products, the Buyer must register this issue in the delivery report (waybill). If a record is not kept for the defect at the time of delivery, the claims that there is a defect in the accepted number of products after the delivery will not be accepted.

In the event that a record is kept due to damaged products or incomplete delivery, the Buyer should immediately contact the Seller and notify the Seller of the record and request.

Article 9 – Procedure for Product Return and Right of Withdrawal:

The Buyer has the right to withdraw from this Agreement within 14 (fourteen) days after receiving the products, without giving any reason and without paying any penalty.

The right of withdrawal can be exercised by sending a declaration of withdrawal and related documents to the communication channels of the Seller in Article 1. In case the right of withdrawal is exercised, the product will be returned to the Seller within 10 (ten) days at the latest from the date of exercise of the right of withdrawal.

Pursuant to the general communiqué of the Tax Procedure Law, the Buyer must fill in the return sections at the bottom of the 2 (two) invoices belonging to the Seller delivered together with the product, and send a copy to the Seller together with the product, and keep the other copy at his/her responsibility.

The right of withdrawal period starts from the day the goods are delivered to the Buyer. The return shipping cost of the returned product or products is borne by the party paying the shipping cost.

There is no right of withdrawal for goods prepared in line with the buyer's wishes and / or her personal needs.

In the event that the Buyer exercises her right of withdrawal, the Seller shall return the total amount received within 14 (fourteen) days at the latest from the receipt of the invoice containing the withdrawal notification together with the product (the package / packaging / covers of the products must be unopened) and any documents that put the Buyer in debt, if any, without incurring any expense to the Buyer.

The decrease in the value of the received goods or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the Buyer's fault, the Seller must compensate the value or decrease in the value of the goods.

If the returned product reaches the Seller, it is accepted as a return if it meets the conditions specified in this contract, and the refund is made to the Buyer's credit card/account for which the product price is paid. No refund will be made until the product is returned. The period of reflection of refunds made to the credit card to the credit card accounts is at the disposal of the relevant bank.

The following matters constitute exceptions to the right of withdrawal:

  1. a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
  2. b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
  3. c) Contracts for the delivery of perishable or expired goods.

ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.

  1. d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
  2. e) Contracts for books, digital content and computer consumables, data recording and data storage devices offered in material media, in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
  3. f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
  4. g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.

ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

  1. h) Cayma hakkı süresi sona ermeden önce, tüketicinin onayı ile ifasına başlanan hizmetlere ilişkin sözleşmeler.

In order for cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packages must be unopened, untested, intact and unused.

Article 10 – Expiry Date:

The expiry date of the products is written on each product.

Article 11 – Confidentiality:

The information provided by the Buyer to the Seller with the information specified in this contract will not be shared with third parties by the Seller.
The seller will only be able to disclose this information within the framework of the existence of an administrative / legal obligation.

Buyer credit card information is never stored by the Seller. Credit card information is only securely transmitted to the relevant banks during the collection process and used for provisioning, and is deleted from the system after provision.

Information such as e-mail address, postal address and telephone of the recipient will not be shared with third parties.

The Buyer accepts that the Seller informs her about its products and / or campaigns periodically via SMS or e-mail, and declares that she consents to these notifications.

The Buyer consents to the storage and use of her personal data for the implementation of this contract, and to share it with the relevant banks regarding the payments with the cargo companies within the framework of the delivery purpose.

Despite the fact that it has been processed in accordance with the provisions of the Personal Data Protection Law and other relevant laws, the Buyer accepts that she has been informed that her personal data will be deleted, destroyed or anonymized, ex officio or upon the request of the person concerned, in accordance with the procedures and principles set forth in the regulation, without prejudice to the provisions of other laws, in the event that the reasons requiring processing are eliminated.

In accordance with the Law on the Protection of Personal Data, the Buyer, regarding the personal data shared within the framework of this distance sales relationship, to learn whether personal data is processed or not, and to request information if personal data has been processed; learning the purpose of processing personal data and whether they are used in accordance with its purpose; to know the third parties to whom personal data is transferred in the country or abroad; to request correction of personal data in case of incomplete or incorrect processing; to request the deletion or destruction of personal data within the framework of the conditions set forth in the previous paragraph; Requesting the notification of the correction, destruction, deletion, anonymization processes made as a result of exercising the rights within the scope of the Personal Data Protection Law, to the third parties to whom the personal data has been transferred; object to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems; accepts that he/she has been informed that he/she has the right to request the compensation of the damage in case of loss due to the unlawful processing of personal data.

The Buyer consents to the sharing of her personal data with the relevant State Institutions upon request.

Article 12 – State of Default and Its Legal Consequences:

The Buyer accepts, declares and undertakes that he/she will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder and the bank, in case he/she defaults on payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the Buyer, and in any case, the Buyer accepts, declares and undertakes that he will pay the Seller's loss and damage due to the delayed performance of the debt, in the event that the Buyer defaults due to its debt.

Article 13 – Authorized Courts and Enforcement Offices in Case of Dispute:

In case of disputes arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the Buyer or the Seller are authorized. The Buyer has the right to apply to the Consumer Arbitration Committees or Consumer Courts for any dispute within the scope of this Agreement.

 

SALES PERSON:

BUYER:

HISTORY: