This Agreement regulates the rights and obligations of the parties regarding the sale, delivery and other matters of the product/products that the Buyer wishes to purchase by placing an order from the Seller’s website named https://www.prodocase.com. After the Buyer approves this Agreement on the website, the price and additional expenses of the product/products ordered are collected through the payment method chosen by the Buyer.

1.      PARTIES

2.      PRODUCT, DELIVERY AND PAYMENT INFORMATION SUBJECT TO THE CONTRACT

1. The Buyer accepts and declares that he/she has been informed about the model, quantity, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product/products purchased electronically before the payment is made and that he/she has approved this transaction. The person to be invoiced and the person who made the contract must be the same.

2. The Seller shall send the products via the contracted cargo company within a maximum of 30 days. If this cargo company does not have a branch in the Buyer's location, the Buyer must pick up the product from the closest branch of the cargo company within 7 days at the latest; otherwise, the Buyer is responsible for all damages and expenses that may arise. (The necessary information to the BUYER in this regard will be provided via e-mail, SMS or telephone).

3. If the Buyer is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the Buyer's responsibility to contact the cargo company and follow up on the shipment of the products. If the product is to be delivered to a person/institution other than the Buyer, the Seller cannot be held responsible if the person/institution to be delivered is not present at the address or does not accept the delivery. In such cases, all kinds of damages arising from the Buyer receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the Seller belong to the Buyer.

4. The Buyer is responsible for checking the product upon receipt and, if he/she sees a problem with the product caused by the cargo, not accepting the product and having a report drawn up by the cargo company officer. Otherwise, the Seller will not accept any liability.

5. If the product cannot be delivered within the legal period due to force majeure, the Seller shall immediately notify the Buyer of this situation. In this case, the Buyer may cancel the order or wait until the force majeure situation ends. If the product cannot be supplied by the Seller, the Seller shall clearly notify the Buyer of this situation within 3 days and the Buyer shall cancel the order. In case the order is cancelled by the Buyer, the Seller shall be obliged to refund the total amount paid by the Buyer to the Buyer within 14 days at the latest. In such a case, the Buyer shall not have any additional material or moral damage claims from the Seller.

6. If, for any reason after the delivery of the product, the Bank/financial institution to which the credit card used for the transaction is issued does not pay the product price to the Seller or demands the refund of the amount paid, the product shall be returned to the Seller by the Buyer within 3 days at the latest. If the non-payment of the product price is due to a fault or negligence of the Buyer, the shipping costs shall be covered by the Buyer. All other contractual and legal rights of the Seller, including initiating proceedings regarding the receivable price of the product without accepting the return, are reserved separately and in any case.

7. After the TL amount (total installment amounts in installment transactions) of the product/products selected by the Buyer, including VAT, and all expenses including shipping fee, if any, are approved by the Buyer, the order is processed through the payment method selected by the Buyer and an order confirmation e-mail is sent to the Buyer before the products are shipped following the payment. Shipment will not be made without the order confirmation e-mail being sent.

3. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE

The Buyer accepts, declares and undertakes that he/she has been informed about the following matters by reading the “Preliminary Information Text” on the website, before the Buyer accepts this Agreement on the website and before entering into an order or payment obligation.

•       Seller's title, contact information,

•       Information about the basic characteristics of the product(s), total price including taxes, shipping costs,

•       Delivery, invoice and payment information of the product/products,

•       Shipping restrictions imposed by the Seller for the Products,

•       The conditions, period and procedure for exercising the Buyer's right of withdrawal and the fact that the Buyer will lose his right of withdrawal if the right is not exercised within the time limit,

•       Products for which the Buyer does not have the right of withdrawal,

•       How to return the products to the Seller in cases where the right of withdrawal exists and all related financial issues (return methods, costs and refund of the product price),

•       Appropriate tools and methods for the stages of the sales process and the correction of incorrectly entered information during the collection from the Website,

• In case of dispute, the Buyer's contact information to convey his complaints to the Seller and the fact that he can make his legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Consumer Protection Law No. 6502.

4.      RIGHT OF WITHDRAWAL

1. The Buyer has the right to withdraw from the Contract within fourteen (14) days from the date of receipt of the Product without giving any reason and without paying any penalty. However, the Buyer may also exercise the right of withdrawal from the establishment of the Contract until the delivery of the Product.

2. The period of right of withdrawal begins on the day the consumer or a third party designated by the consumer receives the goods.

3. Unless otherwise agreed in writing by the Parties, the Buyer cannot exercise the right of withdrawal in relation to the following Product/products - even if they have not been used:

•   Products or services whose prices change depending on fluctuations in financial markets and are not under the control of the Seller,

• Products prepared in line with the Buyer's requests or personal needs (those that are customized to the person/personal needs by making changes/additions),

• Products that can spoil quickly or expire,

•   Products whose protective elements such as packaging, tape, seal and package have been opened after delivery and which are not suitable for return in terms of health and hygiene,

• Products that are mixed with other products after delivery and cannot be separated due to their nature,

•   Services started to be performed with the approval of the Buyer before the right of withdrawal expires.

4. In order for the Buyer to exercise his/her right of withdrawal, he/she must notify the SELLER by e-mail or telephone within this period of 14 days and the product/products must not be among those for which the right of withdrawal cannot be exercised.

5. If the right of withdrawal is used in accordance with the law within the specified period, the Buyer may make the necessary notification via the Seller's 0 (212) 249 2434 number and e-mail address.

6. In case of exercising the right of withdrawal, the Buyer is obliged to return the product/products to the Seller within ten (10) days from the date of sending the notice of withdrawal to the Seller. The shipping cost of the returned Product will be covered by the Seller, provided that the Seller's contracted shipping company is used.

7. The Seller shall refund to the Buyer all payments collected, including the product price and, if any, delivery costs of the goods to the consumer, within 14 days from the date of receipt of the notice of withdrawal, provided that the right of withdrawal is fulfilled by the Buyer in a timely and proper manner, in a manner appropriate to the payment method used by the Buyer when purchasing the product. Delivery costs collected from the Buyer shall be covered by the Seller only if all products subject to the same order are returned.

8. The Seller reserves the right to collect and offset monetary values ​​such as discounts on the product price, if any, from the Buyer in cases of legal withdrawal and other order cancellations.

9. The right of withdrawal cannot be used in cases where the right of withdrawal is not foreseen by law, and the Buyer loses the right of withdrawal in cases where this right is not used properly or in a timely manner.

10. In order for the Buyer to benefit from the right of withdrawal, the order sent to him by the Seller must be returned to the Seller under the same conditions and in full (the product, the product box, the warranty certificate, if any, the invoice/receipt, and all other elements that came with the order).

11. The Seller reserves the right not to accept returns for product(s) for which the receipt/invoice has not been sent by the Buyer.

12. The Seller is not responsible for any missing, lost or damaged items during the return shipment process.

5.      COMPETENT COURT

Consumer Arbitration Committees and Consumer Courts are authorized to enforce this agreement.
 

6.      ENFORCEMENT

This contract, which was previously signed by the Seller, entered into force between the parties upon the acceptance and signing of the Buyer on ........................ and a copy of which will be sent to the Buyer's e-mail. It was sent to.