- DEFINITIONS
Seller: A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person offering the goods.
Consumer, Buyer: A natural or legal person acting for non-commercial or non-professional purposes,
Goods/Products: Movable goods, real estate for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar goods prepared for use in electronic media, which are subject to shopping.
Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
Distance Contract: Contracts established through the use of distance communication tools, up to and including the moment the contract is established between the parties, within the framework of a system established for the distance marketing of goods or services, without the simultaneous physical presence of the seller and the consumer.
Permanent Data Storage: Any tool or medium such as text message, e-mail, internet, disk, CD, DVD, memory card or similar medium that allows the information sent by the consumer or sent to him/her to be recorded and copied without modification in a way that allows for the examination of this information for a reasonable period of time in accordance with its purpose and that allows access to this information as is.
It expresses.
- SUBJECT OF THE CONTRACT AND PARTIES
2.1 This agreement sets forth the rights, laws, and obligations of the parties in relation to the sale of products and services by the BUYER, detailed information of which is provided below, through the www.bifamo.com (hereinafter referred to as the WEBSITE) website operated by the SELLER, and the shipment of products to the delivery address, in accordance with the provisions of the Consumer Protection Law and the Distance Contracts Regulation. In cases where no such provision is included in the agreement, the provisions of the relevant legislation shall apply.
2.2 The Buyer acknowledges and declares that they have been informed of the basic characteristics, sales price, payment method, delivery conditions, and all preliminary information and right of withdrawal regarding the goods or services subject to sale, that they have confirmed this preliminary information electronically, and that they have subsequently ordered the goods or services, in accordance with the provisions of this agreement. The preliminary information form and invoice on the payment page of the website are integral parts of this agreement.
2.3 Seller Information
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2.4 Recipient Information
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- PRODUCTS AND SERVICES SUBJECT TO THE CONTRACT
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- DELIVERY
4.1 When selling services through the website, immediate performance and delivery are possible, depending on the nature of the service. In such cases, the invoice is sent to the buyer via a permanent data storage device.
4.2 For product sales via the website, the product, along with its invoice, will be delivered to the delivery address specified by the buyer on the website or to the person/institution at the address provided by the buyer within 30 days. If this obligation is not fulfilled, the buyer may terminate the contract. In the event of termination, the seller will refund all payments received to the buyer within 14 days of receiving the termination notice.
4.3 In cases where the fulfillment of the goods or services subject to the order becomes impossible, the seller will notify the buyer via permanent data storage within three days from the date of learning about this situation and will refund all payments collected, including delivery costs, if any, within fourteen days from the date of notification.
4.4 The buyer is responsible for checking the product upon receipt and, if any problem is detected with the product due to the cargo, rejecting the product and having a report drawn up by the cargo company. Otherwise, the seller will not be held responsible.
- PAYMENT METHOD
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- GENERAL PROVISIONS
6.1 The Buyer acknowledges that he/she has read and is informed about the preliminary information regarding the basic characteristics, sales price, payment method and delivery of the products and services displayed on the website and has given the necessary approval electronically.
6.2 The Seller is responsible for delivering the contractual product in full, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
6.3 If the product or service subject to the contract does not meet the specifications stated on the website and constitutes a breach of contract, the buyer may exercise one of the following options: returning the product and requesting a refund of the purchase price commensurate with the defect; requesting free repair of the product, all costs being borne by the seller, unless excessive expense is required; or, if possible, requesting replacement of the product with a defect-free equivalent. If the buyer elects either free repair or replacement of the product with a defect-free equivalent, the request will be fulfilled within a maximum of 30 business days from the date the request is submitted to the seller. If the buyer elects to withdraw from the contract or receive a discount commensurate with the defect, the full amount paid or any discount applied to the price will be refunded to the buyer immediately. Liability for defective goods is subject to a two-year statute of limitations from the date the goods are delivered to the buyer, even if the defect is discovered later. If the buyer was aware of the defect at the time the contract was concluded, or was expected to be aware of it, there will be no breach of contract. The buyer has the option to resolve any other defects as stated above.
6.4 If the product/service fee is not paid by the Buyer for any reason or is cancelled in the bank records, the Seller will not be obliged to deliver the product/service.
- RIGHT OF WITHDRAWAL
7.1 The Buyer has the right to withdraw from the contract regarding the sale of goods/products within 14 days without giving any reason and without paying any penalty. The right of withdrawal cannot be exercised in sales of services performed instantly electronically or intangible goods delivered immediately to the Buyer.
7.2 The Buyer's right of withdrawal begins on the day the contract is formed for service contracts; and on the day the Buyer or a third party designated by the Buyer receives delivery of the goods for product contracts. The Buyer may also exercise the right of withdrawal from the contract until the delivery of the goods.
7.3 In determining the period of the right of withdrawal, for products that are subject to a single order and delivered separately, the day on which the buyer or a third party designated by the buyer receives the last product is taken into account; for products consisting of more than one piece, the day on which the buyer or a third party designated by the buyer receives the last piece; in contracts where the product is delivered regularly for a certain period, the day on which the buyer or a third party designated by the buyer receives the first product is taken into account.
7.4 Notification of the exercise of the right of withdrawal must be sent to the seller via permanent data storage before the withdrawal period expires. You can exercise this right through our website www.bifamo.com , by calling 08503051117 , or by email at [-21-] .
7.5 The Seller will refund all payments received, including the cost of delivery and shipping, if any, within 14 days of receiving notification that the Buyer has exercised their right of withdrawal. The Seller will make all refunds in one lump sum, in accordance with the payment method used by the Buyer during purchase, and without any cost or liability to the Buyer.
7.6 The buyer must return the goods to the seller within 10 days from the date on which he notifies the seller that he has exercised his right of withdrawal.
7.7 The Buyer cannot exercise the right of withdrawal in the following contracts:
- a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller.
- b) Contracts regarding goods prepared in line with the buyer's wishes or personal needs.
- c) Contracts for the delivery of goods that are perishable or may expire quickly.
d) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
- d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
- e) Contracts regarding books, digital content and computer consumables presented in physical form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
- f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
- g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the utilization of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the buyer.
- h) Contracts regarding services that begin to be performed with the buyer's approval before the expiration of the right of withdrawal.
- FORCE MAJEURE
8.1 Force majeure shall be deemed to be any circumstance that is not present or unforeseen at the time the contract enters into force, develops beyond the control of the parties, and renders it impossible for one or both parties to partially or fully fulfill their obligations and responsibilities undertaken under the contract, or to fulfill them on time (natural disaster, war, terrorism, riot, changing legislation, seizure or strike, lockout, significant failure of production and communication facilities, etc.). The party experiencing the force majeure shall notify the other party of the situation as soon as possible.
8.2 During the continuation of force majeure, neither party will be held liable for any failure to perform their obligations. If the force majeure continues for 30 days, each party will have the right to terminate the contract unilaterally.
- EVIDENCE AGREEMENT
9.1 Seller records (including records in magnetic media such as computers and voice recordings) constitute definitive evidence in resolving any dispute that may arise from this contract.
- COMPETENT COURT IN CASE OF DISPUTE
10.1 Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Customs and Trade, and in cases exceeding this, Consumer Courts and Enforcement Offices at the place of residence of the buyer and seller are authorized.
- DECLARATION OF ACCEPTANCE
11.1 The Buyer acknowledges and declares that he/she has read all the conditions and explanations written in this Agreement and the Preliminary Information Form, which is an integral part of the Website, that he/she is informed about the basic features, characteristics, sales price, payment method, delivery conditions of the products/services subject to sale, and all other matters related to the seller and the products/services subject to sale, that he/she has seen, read and accepted the content of all of them electronically on the website, and that he/she has accepted the provisions of this Agreement by ordering the products/services by giving his/her approval and acceptance permission electronically.
- FORCE
12.1 This Agreement has been concluded and entered into force by being read by the parties, approved electronically by the Buyer and making payment as a positive actual act.