PARTIES
This HalHab Distant Sales Agreement; Kızılırmak Mah. 1443. Cad. B Blok No: 25/40 1071 Rezidans Çukurambar – Çankaya / Ankara address, Başkent V.D. – 4551118323 Tax ID No. Halhab Tasarım Ticaret Limited Şirketi and the Buyer who gave consent to this Agreement to purchase the Product exhibited on the www.halhab.com Portal.
DEFINITIONS
Portal : HalHab’s website consisting of the domain name www.halhab.com and subdomains connected to this domain name,
state : hab: Kızılırmak Mah. 1443. Cad. B Blok No: 25/40 1071 Rezidans Çankaya/Ankara, operating under the tax identification number Başkent V.D. – 4551118323 Halhab TasarıM Ticaret Limited Şirketi
Buyer : The real person who wishes to purchase the Product displayed on the Portal,
Parties : HalHab and Buyer
Product : Any goods displayed on the portal,
Contract : Regarding that the Buyer has read, understood and accepted the contract electronically as a result of the consent given electronically concluded HalHab Distance Sales Contract
SUBJECT AND SCOPE
The subject of this Agreement is the determination of the rights and obligations of the Parties in the purchase and sale transactions to be made through the Portal, and the Agreement is regulated in accordance with 6502 s. Law on Consumer Protection and Distance Contracts Regulation. By accepting the provisions of this Agreement, the Parties agree and undertake that they will act in accordance with all kinds of statements announced by HalHab.
PRODUCTS SUBJECT TO CONTRACT
The Product subject to this Agreement is any Product published on the Portal and displayed on the Portal.
PRODUCT DELIVERY
HalHab shall deliver the Product to the address specified by the Buyer on the Portal together with the invoice to the authorized person(s) to be delivered to the address specified by the Buyer on the Portal within 30 (thirty) days at the latest, packaged and intact in order to pass the ownership of what is sold. Impossibility, force majeure and other cases are reserved.
The transfer and transportation expenses to be made under this contract belong to the Buyer unless otherwise arranged in the Portal. Exceptionally, it may be agreed that HalHab will bear the delivery costs.
ASSIGNMENT OF CONTRACT
The Parties may not transfer this Agreement or their rights and obligations under this Agreement, in whole or in part, to a third party under any circumstances or conditions.
HALHAB’S RIGHTS AND OBLIGATIONS
HalHab publishes the basic qualities of the Product on the Portal. By accepting the Agreement, the Buyer declares, accepts and undertakes that the Portal records will be taken as basis in determining the objectively expected qualities of the Product. HalHab shall be liable in the event that the qualities declared in the Portal are not present in the Product.
In the event that the fee is not paid due to technical, administrative, negligent, intentional and external reasons, including but not limited to, the Buyer is obliged to immediately return the Product to HalHab in full and in full. This obligation starts on the date the Product reaches the Buyer. In this case, the Buyer shall be deemed to have defaulted without any notice or warning.
In the event that the Buyer purchases the Product and pays the fee although the stock status of the Product is not available, HalHab shall refund the fee immediately. In this case, the Buyer has no right to any claim other than the refund of the fee. HalHab does not unconditionally undertake to supply the Product or its equivalent that is not in stock.
If HalHab cannot deliver the Product subject to this Agreement within the period within the scope of force majeure or extraordinary circumstances preventing transportation, it notifies the Buyer via e-mail within 10 (ten) days from the date it learns of this situation.
Without limitation to this Agreement, HalHab reserves the right to change all kinds of issues including but not limited to the service, Product content, campaign, pricing and any other issues available within the scope of this Portal without any prior notice, to edit the Portal content, to stop and/or pause the Portal.
INFORMING THE BUYER
The Buyer, the basic characteristics of the Product subject to this Agreement and the Agreement, HalHab’s trade name, Tax Identification Number, current address and e-mail address, the total price of the Product including taxes, which party will bear the transportation expenses, information on payment, delivery and performance, the basis, condition, duration and procedure of the right of withdrawal, accepts, declares and undertakes that it has been fully and completely informed about the open address and e-mail information where the withdrawal notification will be made, the cases where the right of withdrawal cannot be used, the cases where the right of withdrawal will be lost, and in case of dispute, the applications will be made to the Consumer Court, Provincial Consumer Arbitration Committee or District Consumer Arbitration Committee.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer agrees that if he/she wishes to purchase the Product that he/she has viewed on the Portal, he/she must fulfill all necessary legal obligations, including those on the Portal, otherwise the sale of the Product will not be made.
The Buyer is obliged to pay the sales price and take over the Product as agreed in the Agreement. This sales price shall become due and payable upon the issuance of the necessary approvals of the Product on the Portal.
The Buyer is obliged to review the condition of the Product as soon as possible and if he/she sees a defect in the Product that requires HalHab’s responsibility, he/she is obliged to notify HalHab within 3 (three) days. In the event that the Buyer neglects its obligation to inspect and notify, it shall be deemed to have accepted the Product as is. HalHab shall not be liable for any defects that already existed in the Product at the time of the establishment of the Contract and that are known or should have been known by the Buyer.
In the event that the Product does not meet the expected qualifications, the Buyer has the right to return from the contract by notifying that he is ready to return the sold goods provided that he fulfills the burden of notification, to retain the sold goods and to request a discount in the sales price in proportion to the defect, to request free repair of the Product at HalHab’s expense if it does not require excessive expense, and to request the replacement of the Product with a defect-free equivalent.
If more than one Product or a Product consisting of more than one part is sold together and some of them are defective, the right to return from the contract can only be used for the defective ones. However, if it is clearly understood that it is not possible to separate the defective part from the other without significant damage to HalHab, the right to return from the contract covers the entire Product.
In the event that the Buyer receives the damaged and defective Product, including but not limited to damaged, broken, broken, torn packaging and damaged and defective Product from the cargo company without inspecting the Product subject to the Contract before receiving it, the responsibility belongs entirely to the Buyer. The Product received by the Buyer from the cargo company officer is accepted to be undamaged and intact.
By accepting this Agreement, the Buyer accepts, declares and undertakes that it will comply with the obligations specified in the HalHab Membership Agreement published on the Portal, regardless of whether it has membership status. Without limitation, HalHab shall benefit from the irresponsibility records regulated in accordance with the HalHab Membership Agreement against the Buyer if this Agreement is approved electronically.
If the Buyer requests the delivery of the Product to a person other than himself, he is obliged to notify HalHab of the information regarding the person to whom delivery is requested. In this case, in the event that such person takes delivery of the Product, the obligation of the Buyer to review the status of the Product as soon as possible and to notify HalHab shall be imposed on such person. In the event that the Product is received by such person and the relevant obligation is not fulfilled, the Buyer may not claim that the Product does not meet the expected qualifications. HalHab shall not be held responsible for the delivery of the Product to a third party, but HalHab shall not be held responsible if the person to be delivered does not accept the delivery. In this case, the provisions of buyer’s default shall apply.
RIGHT OF WITHDRAWAL
The Buyer may return the Product within 14 (fourteen) days from the date of delivery of the Product purchased without any legal and criminal liability and without any justification, or by exercising the right of withdrawal during the period from the establishment of the Contract to the delivery of the Product. In any case; In order to exercise this right, HalHab must be notified in accordance with the provisions of other legislation and Portal rules within the period.
Notification of the exercise of the right of withdrawal and other notifications regarding the Contract are made within the communication channels specified in the Portal.
In the event that the right of withdrawal is exercised, the Buyer is obliged to send the Product box, packaging, standard accessories, if any, and other products gifted with the Product, if any, back to HalHab within 14 (fourteen) days following the date of exercise of the right of withdrawal, complete and undamaged, together with the invoice, by the cargo company contracted by HalHab. Otherwise, it is deemed that the right of withdrawal has not been duly exercised.
The fee shall be returned to the Buyer within 14 (fourteen) days following the receipt of the withdrawal notification by HalHab.
TRANSITION OF DAMAGE
Without prejudice to the exceptions stipulated in the Contract, or to any other circumstances stipulated in the Contract, the benefit and damage occurring in the Product shall belong to HalHab until the transfer of possession. In the event that the Buyer defaults in taking delivery of the Product for any reason whatsoever, the benefit and damage occurring in the Product shall pass to the Buyer as if delivery has taken place.
If the Buyer requests delivery of the Product to a place other than the place of performance specified in the Portal, this request is evaluated by HalHab. HalHab is not obliged to accept such request. If the relevant request is approved, the benefit and damage in the Product shall pass to the Buyer at the moment the Product is delivered to the carrier.
CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal; in contracts for goods or services whose price changes depending on fluctuations in financial markets and is not under the control of the seller, in contracts for the delivery of goods that are prepared in line with the consumer’s wishes or clearly personal needs, which are not suitable for return due to their nature and which are in danger of spoiling quickly or whose expiration date is likely to expire, in contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in contracts for the delivery of goods whose return is not suitable in terms of health and cleanliness, in contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature, books, audio or video recordings presented in material media provided that the protective elements such as packaging, tape, seal, package have been opened by the consumer, contracts for software programs and computer consumables, contracts for the delivery of periodicals such as newspapers and magazines other than those provided within the scope of a subscription contract, contracts for accommodation, transportation of goods, car rental, food and beverage supply and leisure time for entertainment or recreation that must be made on a specific date or period, in contracts for the performance of services commenced with the consent of the consumer before the expiration of the right of withdrawal period, in contracts for the performance of services related to betting and lottery, in contracts for the performance of services commenced with the consent of the consumer before the expiration of the right of withdrawal period, In the contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer and in the event that the Product subject to the contract consists of Product types excluded from the application area of the Distance Contracts Regulation, the provisions of the Distance Contracts Regulation cannot be used because the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the Buyer and HalHab.
INTELLECTUAL PROPERTY RIGHTS
The Buyer accepts that the ownership and all intellectual property rights of all kinds of text, slogan, graphic, logo, picture, photograph, figure, drawing, animation, software, program code, appearance, design, system and technical element, pattern, design and similar products that have the nature of work on the Portal, regardless of their content, are in HalHab or third parties who have a commercial relationship with HalHab. In this context, only the asset value of the purchased Product is transferred to the Buyer and all intellectual property rights are reserved by HalHab or third parties who have a commercial relationship with HalHab.
In any case, it is strictly forbidden to use, reproduce, modify, upload to an external storage area, distribute, republish, adapt, encourage the relevant acts, and to take actions that will result in these acts under any name, including but not limited to, the use, reproduction, modification, uploading to an external storage area, distribution, republication, adaptation, encouragement of the relevant acts, in whole or in part, directly or indirectly, of all kinds of databases on the Portal, the Portal itself, the codes and the matters specified in this article, and the Buyer is responsible for any damages arising from these acts.
FORCE MAJEURE
In the event of unavoidable events, including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, improvement or renewal works related to the system and failures that may occur for this reason, power outage and bad weather conditions, which are beyond HalHab’s reasonable control and which cannot be avoided despite due diligence, HalHab shall not be liable for late and/or incomplete performance and/or non-performance of one or more of its obligations specified in this Agreement. These and similar situations shall not be considered as delay, incomplete performance and/or non-performance and/or default by HalHab, and penal conditions, compensation and other damages shall not be claimed from HalHab for these situations.
APPLICABLE LAW AND JURISDICTION
In case there is a foreign element in the implementation and interpretation of this Agreement and in the management of legal relations arising from the Agreement, Turkish Domestic Law shall apply directly, except for Turkish conflict of laws rules.
The Provincial Consumer Arbitration Committee, District Consumer Arbitration Committee or Consumer Courts of the place where the Buyer purchased the Product and where the Buyer’s residence is located are authorized to settle any dispute arising or may arise from this Agreement up to the value announced by the Ministry of Customs and Trade.
VALIDITY OF HALHAB RECORDS
The Buyer accepts, declares and undertakes that the electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept by HalHab in its own database, servers, will constitute valid, binding, conclusive and exclusive evidence in disputes that may arise from the Agreement, and that the article is in the nature of an evidential contract within the meaning of Article 193 of the 6100 p. Code of Civil Procedure.
NOTICE
The written address notified by the Parties within the scope of the Portal is their legal residence address, and unless the other party is notified in writing that the address has been changed in the contract, the e-mail to be sent to the written e-mail address notified in the Portal will replace the notification made to the parties themselves and will have all its provisions and consequences.
EFFECTIVENESS
This Agreement has been concluded and entered into force electronically with the Buyer’s electronic approval. The invalidity, illegality or non-applicability of any provision of this Agreement shall not impair the remaining provisions of the Agreement.
