Sales Contract

Article 1- Parties

1.1. Seller

Name : GÜVEN KİTAP KIRTASİYE LİMİTED ŞİRKETİ
Address : Caferağa Mh. Mühürdar Cd No: 45/A Kadıköy - İstanbul
Phone :0216 449 44 26
Fax :0216 414 78 46
E-mail : internet@guvensanat.com

1.2. Buyer

Your name, surname, title, and address information will be added to the contract in the form you specify during the order process.

Article 2- Subject- Distance Sales Contract

The subject of this contract is the determination of the parties’ rights and obligations, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product with the characteristics and sales price stated below, which the BUYER places electronically as an order from the SENDER’s https://www.guvensanat.com website.

The Buyer acknowledges and declares that the Buyer has been clearly, understandably, and in a manner suitable for the internet environment informed by the Seller regarding all preliminary information related to the product subject to the sale, including the Seller’s name, title, open address, phone, and other access information; the sales price including taxes; the payment method; the delivery conditions and expenses; and also regarding the “right of withdrawal,” how this right will be used, the official authorities through which they can submit complaints and objections, etc., that the Buyer has confirmed these preliminary information electronically, and that the Buyer has subsequently placed an order for the goods, and therefore accepts and declares that it is bound by the provisions of this contract.

The preliminary information available on the https://www.guvensanat.com site and the invoice prepared based on the order provided by the Buyer are integral parts of this contract.

Article 3- Contract Subject Product/Payment/Delivery Information

The type and kind of the products received electronically, quantity, brand/model, sales amount, payment method, person to receive the delivery, delivery address, invoice information, and cargo/shipping fee are as stated below. The person to be invoiced must be the same as the person who enters into the contract. The information below must be correct and complete. The Buyer accepts that it will fully compensate for any damages arising from incorrect or incomplete information, and additionally accepts all kinds of liability that may arise from this situation.

In cases where the SELLER deems necessary, if the information provided by the BUYER does not match reality, the SELLER reserves the right to stop the order. If the SELLER determines a problem with the order and cannot reach the BUYER from the phone, e-mail, and postal addresses provided by the BUYER, the SELLER will suspend the order for 15 (fifteen) days so that it does not come into effect. During this period, the BUYER is expected to contact the SELLER regarding the matter. If no response is received from the BUYER within this period, the SELLER cancels the order so that neither party suffers damage.

Received Product(s) 
Name, code : ; … pcs
Total Sales Amount : …. -TL
Payment Method : Credit Card/Bank Transfer (EFT)
Person to be Delivered :
Phone number :
Delivery Address :
Person/Institution to be Invoiced :
Invoice Address :
Tax Office :
Tax Registration Number :
Cargo/Shipping Fee : … -TL

Article 4- Contract Date and Force Majeure

The contract date is the date ../../…. on which the order is placed by the Buyer. 

Situations that did not exist or were not foreseen on the date the contract is signed, that arise outside the control of the parties, and that make it impossible for one or both parties to partially or fully fulfill the obligations and responsibilities undertaken under the contract, or to fulfill them on time, shall be considered as force majeure (natural disasters, war, terrorism, uprising, changing provisions of legislation, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party experiencing the force majeure shall immediately and in writing notify the other party of the situation. 

During the continuation of the force majeure, no liability shall arise due to the parties’ inability to perform their obligations. If this force majeure situation continues for 30 (thirty) days, each of the parties shall have the right to terminate the contract unilaterally.

Article 5- Seller’s Rights and Obligations- Distance Sales Contract

5.1. The Seller accepts and undertakes to fully perform the obligations assigned to it under the contract in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, except in cases of force majeure.

5.2. Persons under 18 (eighteen) years of age cannot shop on our site. The Seller will base on the age stated by the Buyer in the contract. However, no liability can be imposed on the Seller in any way due to the Buyer entering an incorrect age.

5.2. Our company is not responsible for price errors arising from system faults. Accordingly, the Seller is not responsible for promotional and price errors that may arise due to interventions that can be made to the internet site through the system on the internet site, design, or illegal means. Based on system errors, the Buyer cannot assert any claims against the Seller. 

5.3. Shopping can be made from our site by credit card (Visa, MasterCard, etc.) or by bank transfer. Orders for which the transfer is not made within one week from the order date are cancelled. The time when orders are processed is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or when the transfer (EFT) is determined to have reached the Seller’s bank accounts. Payment methods carried out without consulting customer services, such as cash-on-delivery shipments or postal cheques, are not accepted.

Article 6- Buyer’s Rights and Obligations – Distance Sales Contract

6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it under the contract, except in cases of force majeure.

6.2. The Buyer accepts and undertakes that by placing an order, it is deemed to have accepted the provisions of the business contract and that it will make the payment in accordance with the payment method specified in the contract.

6.3. The Buyer, https://www.guvensanat.com from the Seller’s name, title, open address, phone, and other access information; the sales price including taxes; the payment method; the delivery conditions and expenses; and all preliminary information regarding the goods subject to the sale, and the “right of withdrawal,” how this right will be used, the official authorities through which they can submit complaints and objections, etc., and that it has knowledge in a clear, understandable, and internet-compatible manner, and that it confirms these preliminary information electronically.

6.4. Based on the previous article, the Buyer declares that it has read and has knowledge of the order/payment/use procedure information on https://www.guvensanat.com including the product order and payment conditions, the product usage instructions, the precautions taken against possible situations, and the warnings made, and that it has provided the necessary confirmation electronically.

6.5. If the Buyer wishes to return the product it has received, the Buyer accepts and undertakes not to damage the product and its packaging in any way whatsoever, and to return the original invoice and the delivery note together at the time of return.

Article 7- Order/Payment Procedure

Order: Distance Sales Contract

After the amounts in TL including VAT of the products added to the shopping cart (in installment transactions, the total installment amounts) are approved by the Buyer, the transaction is processed through the POS of the relevant bank card. Therefore, before the orders are shipped, 
an order approval e-mail is sent to the customer. No shipment is made without sending the Order Approval e-mail.

Any interruption in the process or problems that may arise regarding the credit card are communicated to the Buyer using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the Buyer may be asked to contact its bank. The time when orders are processed is not the moment the order is placed, but the moment when it is determined that the necessary collection has been made from the credit card account or that the transfer (EFT) has reached the Seller’s accounts.

Exceptionally, if it is understood for a justified reason that the goods subject to the contract cannot be supplied and/or if a stock problem is encountered, and if the Buyer is immediately informed in a clear and understandable manner and gives approval, another product of equal quality and price may be sent to the Buyer, or, in line with the Buyer’s wishes and choice; another new product may be sent, it may be expected that the product will enter the stock or that another obstacle preventing delivery will be removed, and/or the order may be cancelled.

In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the contract is cancelled by informing the Buyer of this situation and refunding the total amount paid and, if any, every document that puts the Buyer in debt, to the Buyer within at most ten (10) days. In such a case, the Buyer shall not have any further claim for additional material or moral damages from the Seller. 

Payment: Distance Sales Contract

On our site, we offer order options via cash transfer for Buyers who do not want to use credit card information in the online environment. For payment by transfer, the Buyer can choose the most suitable bank and make the transfer. If EFT has been made, the date the funds are credited to the account will be taken into consideration. When making a transfer and/or EFT, it is required that the “Sender Information” be the same as the “Invoice Information” and that the order number be written. 

If, after delivery of the product, the bank or financial institution does not pay the product price to the Seller due to the unauthorized and unlawful use by persons other than the Buyer, in a manner not caused by the Buyer’s fault, then the Buyer is obliged to send the delivered product to the Seller within 10 days. In such cases, shipping costs belong to the Buyer.

If the Buyer has chosen to pay by credit card, the BUYER accepts, declares, and undertakes that it will additionally confirm the relevant interest rates and information regarding default interest with its bank, and that, in accordance with the applicable legislation provisions, the provisions regarding interest and default interest will be applied within the scope of the “Credit Card Contract” between the Bank and the BUYER.

Article 8- Shipment/Delivery Procedure

Shipment:Distance Sales Contract

Upon sending the order approval e-mail, the product(s) are delivered to the cargo company with which the Seller has an agreement.

Delivery : Distance Sales Contract

The product(s) will be delivered to the Buyer’s address via the cargo company agreed upon by the Seller. The delivery period is 30 days from the sending of the Order Approval e-mail and the establishment of the contract. This period may be extended by up to 10 days provided that the Buyer is informed in writing in advance or via a continuous data carrier. 

The products are sent by telephone notice to regions where the cargo companies do not deliver to the address.

In regions where the Cargo Company delivers once a week, if there is an error or deficiency in the shipping information, and in situations such as certain social events and natural disasters, the specified delivery period may be extended. The Buyer cannot hold the Seller responsible for these delays. If the product is to be delivered to a person/institution other than the Buyer, the Seller is not responsible for any extra cargo costs that may arise from the person/institution to be delivered not accepting delivery, from inaccuracies in the shipping information and/or from the Buyer not being at the location. If the product(s) do not reach the customer within the specified days, delivery problems must be reported immediately to customer services using the e-mail address internet@guvensanat.com.

In case of a damaged package; damaged packages must not be accepted and a report/tally must be prepared with the authorized representative of the Cargo Company. If the Cargo Company representative is of the opinion that the package is not damaged, the Buyer has the right to request that the package be opened there to check that the products are delivered without damage and that the situation be determined again with another report. After the package is accepted by the Buyer, it is deemed that the Cargo Company has fully performed its duty. If the package is not accepted and a report is taken, the situation must be reported to the Seller’s Customer Services as soon as possible together with the copy of the report remaining with the Buyer. 

Article 9- Procedure Regarding Product Return and Right of Withdrawal

Product Return:Distance Sales Contract

The Buyer has the right to withdraw from the contract within 14 days after receiving the goods, without stating any reason and without paying any penalty. Pursuant to the General Communiqué of the Tax Procedure Law No. 385, in order for return transactions to be carried out, the Buyer must fill in completely and correctly the return sections at the bottom of the 2 invoices belonging to the Seller that are delivered together with the goods, sign them, send one copy to the Seller together with the product, and keep the other copy. The withdrawal period starts from the day the goods are delivered to the Buyer. The cost of returning the returned product(s) must be borne by the Buyer.

The right of withdrawal does not apply to goods prepared in accordance with the Buyer’s requests and/or clearly for the Buyer’s personal needs.

If the Buyer uses the right of withdrawal, the Seller will refund the total amount received by the Seller and, if any, every document that puts the consumer in debt, within at most ten (10) days from the time the invoice containing the withdrawal notification reaches the Seller together with the product, to the consumer without charging the consumer any expense.

A decrease in the value of the delivered goods or the existence of a reason that makes the return impossible does not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return arises from the consumer’s fault, the Seller must compensate the consumer for the value of the goods or the decrease in value. 

For any product taken by mistake, the general return period is 14 days. Within this period, returns of products that have had their packaging opened, have been used, damaged, etc. are not accepted. Returns must be made with the original packaging.

If any opening, deterioration, breakage, damage, tearing, use, or other such conditions are detected on the product and its packaging taken by mistake, and if the product cannot be returned in the condition it was at the time it was delivered to the Buyer, the product return is not accepted and the price is not refunded. 

For product return, the situation must first be communicated to customer services. The return shipment information of the product is provided to the customer by the Seller. After this communication, the Buyer must send the product to the Seller via the cargo company that delivers to the Buyer’s address, together with the invoice containing the information regarding the return. If the returned product reaches the Seller and meets the conditions specified in this contract, the return is accepted and the refund is made to the Buyer’s credit card/account. No refund is made before the product is returned. The time for refunds made to the credit card to reflect in the credit card accounts depends on the bank. 

If the purchase was made with a credit card and in installments, the credit card return procedure will be applied as follows: If the Buyer has requested to purchase the product with how many installments, the Bank refunds the Buyer in installments. After the Seller pays the Bank the full amount of the product price in one payment, in the event of a refund of installment expenditures made through the Bank POS to the Buyer’s credit card, the requested refund amounts are transferred by the Bank to the holder’s accounts in installments as well, so that the parties involved do not fall into a disadvantaged situation. The installment amounts paid by the Buyer until the sale cancellation will be reflected as 1 (one) refund per month to the card if the refund date does not coincide with the card statement closing dates; and the Buyer will be entitled to receive, for the number of installments paid before the refund, an additional number of months after the sale installments are completed, and the Buyer’s existing debts will be reduced accordingly.

In case of return of goods and services purchased with a card, the Seller cannot make payment to the Buyer in cash as required by the contract it has made with the Bank. The member workplace, i.e., the Seller, will perform the return through the relevant software in case of a return transaction. Since the member workplace, i.e., the Seller, is obliged to pay the relevant amount to the Bank in cash or by set-off, cash payment to the Buyer cannot be made in accordance with the procedure detailed above. The credit card refund will be made by the Bank in accordance with the procedure described above after the Buyer pays the Bank the amount in one payment.

Distance Sales Contract

Article 10- Warranty – Distance Sales Contract

Products used in accordance with the instructions for use and cleaned are guaranteed for 2 years against all kinds of manufacturing defects under the conditions stated below:  The Seller’s warranty liability applies only to consumers within the scope of Law No. 4077. For commercial matters, the provisions of the Turkish Commercial Code will apply.
Article 11- Confidentiality – Distance Sales Contract

The information provided to the Seller by the Buyer in this contract for the purpose of making payment will not be shared by the Seller with third parties.
The Seller may disclose this information only within the framework of the existence of an administrative/legal obligation. In any kind of judicial investigation where the eligibility to conduct research is documented, if the Seller has the information requested from it, it may provide it to the relevant authority.

Credit card information is absolutely not stored. Credit card information is used only to securely transmit it to the relevant banks during the collection process to obtain authorization (provision) and is deleted from the system after authorization.
Information such as the Buyer’s e-mail address, postal address, and phone number is used only by the Seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the Buyer after approval. 

Article 12- Authorized Court and Enforcement Offices in Case of Dispute

In the event of a dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts at the place of residence of the Buyer and/or the Seller, up to the value announced every year in December by the Ministry of Industry and Trade, are authorized.

If the order is realized, the Buyer is deemed to have accepted all terms of this contract.