Preliminary Information Agreement

ARTICLE 1 - PARTIES

1.1 - SELLER:

Title:
Address:
Telephone:
Fax:
E-mail:
1.2 - BUYER:
Name/Surname/Title:
Address:
Telephone:
E-mail:

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 No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of the Application of Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER has ordered electronically from the internet site belonging to the SELLER.

ARTICLE 3 - PRODUCT SUBJECT TO THE AGREEMENT

Date:
Product Name - Quantity - Total Product Amount
The type and nature, quantity, brand/model, color and sales price of the products are as stated above.
Payment method:
Delivery address:
Total:

ARTICLE 4 - GENERAL PROVISIONS

4.1 - The BUYER declares that he/she has read and is informed on the website about the basic characteristics of the product subject to the contract, the sales price and payment method, and the preliminary information regarding the delivery, and has given the necessary electronic confirmation.

4.2 - The product subject to the contract is delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period stated in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 3 days for each product.

4.3 - If the product subject to the contract will be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

4.4 - The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the specifications stated in the order, and, if available, together with warranty documents and user manuals.

4.5 - For the delivery of the product subject to the contract, it is a condition that a signed copy of this agreement is delivered to the SELLER and that the price has been paid by the BUYER with the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

4.6 - After the delivery of the product, if the BUYER’s credit card is used unlawfully or without legal grounds by unauthorized persons in a way that does not arise from the fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER shall send the product to the SELLER within 3 days, provided that it has already been delivered to the BUYER. In such a case, shipping costs belong to the BUYER.

4.7 - If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation that prevent shipment, the SELLER is obliged to inform the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with an equivalent product if available, and/or postpone the delivery period until the preventive situation is removed. In the event that the BUYER cancels the order, the amount paid will be returned to the BUYER in cash and in full within 10 days.

4.8 - Products sold with or without a warranty certificate that are defective or faulty may be sent to the SELLER for the necessary repair within the warranty terms. In this case, the shipping costs will be covered by the SELLER.

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the product subject to the contract within 7 days from the delivery of the product to himself/herself or to the person/organization indicated. In order to exercise the right of withdrawal, it is necessary to notify the SELLER by fax, e-mail or telephone within this period and that the product has not been used in accordance with the provisions of Article 6. In the event that this right is exercised, it is obligatory to send the cargo delivery receipt showing that the product delivered to a third party or the BUYER has been sent back to the SELLER, and to return the original invoice. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER.

ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

The right of withdrawal cannot be exercised for products that are not suitable for return due to their nature, single-use products, copyable software and programs, products that deteriorate rapidly or whose expiration date has passed. For the following products, the right of withdrawal is conditional upon the packaging being unopened, intact and the product unused.

- Portable computers (after the original operating system is installed, they will not be accepted for return.)

- All kinds of software and programs

- DVD, VCD, CD and cassettes

- Computer and stationery consumables (toner, cartridge, ribbon, etc.)

- All kinds of cosmetic products

- Phone top-up orders

ARTICLE 7 - COMPETENT COURT

In the implementation of this agreement, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and Consumer Courts in the BUYER’s or SELLER’s place of residence are authorized.

In the event that the order is fulfilled, the BUYER is deemed to have accepted all the terms of this agreement.

Distance Sales Agreement

ARTICLE 1 - PARTIES

1.1 - SELLER:

Title:
Address:
Telephone:
Fax:
E-mail:

1.2 - BUYER:

Name/Surname/Title:
Address:
Telephone:
E-mail:

ARTICLE 2 - SUBJECT

ARTICLE 3 - PRODUCT SUBJECT TO THE AGREEMENT

Date:
Product Name - Quantity - Total Product Amount
The type and nature, quantity, brand/model, color and sales price of the products are as stated above.
Payment method:
Delivery address:
Total:

ARTICLE 4 - GENERAL PROVISIONS

ARTICLE 5 - RIGHT OF WITHDRAWAL

ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

- Portable computers (after the original operating system is installed, they will not be accepted for return.)

- All kinds of software and programs

- DVD, VCD, CD and cassettes

- Computer and stationery consumables (toner, cartridge, ribbon, etc.)

- All kinds of cosmetic products

- Phone top-up orders

ARTICLE 7 - COMPETENT COURT

In the event that the order is fulfilled, the BUYER is deemed to have accepted all the terms of this agreement.

Information on the Protection of Personal Data

As SENNA DİZAYN, we attach great importance to the processing and preservation of your personal data in accordance with the Personal Data Protection Law No. 6698 (“Law”). We would like to inform our customers about the purpose and methods of collecting, processing and transferring their personal data, and the rights they have under the Law.

1. Methods of collecting personal data

As SENNA DİZAYN, in the capacity of data controller, within the framework of our legal obligations arising from the legislation; in order for you to benefit from our brands’ services, to inform you about our campaigns with your consent, to record your suggestions and complaints, to create better service standards for you, and to determine and implement SENNA DİZAYN’s commercial and business strategies, we collect your personal data verbally, in writing or electronically through means such as our website, social media channels, mobile applications and similar channels.

2. Processing of personal data and purposes of processing

As SENNA DİZAYN, in the capacity of data controller, through our call centers, written communication channels, social media pages, mobile communication channels, in-store communication channels and/or through all channels that may arise in the future; with your consent, your personal and/or special-category personal data that we obtain may be wholly or partially obtained, recorded, stored, retained, modified, updated, periodically checked, rearranged, classified, kept for the period required for the purpose for which they are processed or for the period stipulated in the relevant law, shared/transferred with private legal persons with whom SENNA DİZAYN works and/or public institutions and organizations to which it is legally obliged, and/or relevant third real or legal persons resident in Turkey or abroad in cases of legal or service-related factual requirements, and transferred abroad in case of legal or service-related factual requirements.

We would like to inform you that SENNA DİZAYN may process your personal data in accordance with the Personal Data Protection Law No. 6698 and the relevant legislation, in order for SENNA DİZAYN customers to benefit from our brands’ services, to inform you about our campaigns with your consent, to record your suggestions and complaints, to create better service standards for you, and to determine and implement SENNA DİZAYN’s commercial and business strategies.

3. Transfer of personal data

SENNA DİZAYN may share your personal data, limited to and in line with your explicit consent or in the presence of the cases stated in the Law and provided that the necessary security measures are taken; domestically and, where necessary, abroad with the necessary security measures, in order to carry out the company’s activities, ensure the business relationship between data subjects and our customers and/or to conduct negotiations for this purpose, provide services, opportunities and facilities and improve the quality of service; with our group companies, business partners, customers with whom we have agreements and to whom we provide services as part of our activities, suppliers, audit companies, public institutions or organizations that are legally authorized to request such data, and other relevant authorities, without being limited to these.

4. Rights of the Personal Data Subject under Article 11 of the Law

SENNA DİZAYN will respond to the following requests of the relevant persons:

a) To learn whether SENNA DİZAYN processes personal data about them and which personal data are processed,

b) To obtain information on the purposes of the processing activities,

c) To know the third persons to whom SENNA DİZAYN transfers personal data at home or abroad,

d) To request correction of personal data if they are incomplete or incorrectly processed,

e) To request the deletion or destruction of personal data in accordance with the Law,

f) To request that the transactions carried out in accordance with subparagraphs (d) and (e) be notified to third parties to whom personal data are transferred,

g) To object to the occurrence of a result against the person himself/herself by analyzing the processed data exclusively through automated systems,

h) To request a copy of their personal data.

You can contact us regarding your opinions and questions.

Title: SENNA DİZAYN
Telephone: 0534 624 44 44
MERSIS No: -
Tax Office: Şişli
Tax Number: 7610534399
Address: Merkez Mah. Birahane Sokak No:24/A Şişli / Istanbul
E-mail: [email protected]

Privacy and Security

SENNA DİZAYN Online Shop requests some of your personal information (such as name, age, interests, e-mail, etc.) from you in order to provide better service to its customers. The information collected on SENNA DİZAYN Online Shop servers is used only within SENNA DİZAYN Online Shop for periodic campaign activities, creating special promotional activities for customer profiles, and “classification” studies to prevent unwanted e-mails. SENNA DİZAYN Online Shop does not share the information it collects from membership forms with third parties without the member’s knowledge or instruction, does not use it for any commercial purpose outside its activity, and does not sell it.

Customer information may only be disclosed to official authorities in cases where such information is requested by official authorities and where SENNA DİZAYN Online Shop is obliged to make a statement to the authorities in accordance with the mandatory provisions of the applicable legislation.

Only the customer can access and change all the information entered by the customer into the system. It is not possible for anyone else to access or change this information. Your credit card information requested on the payment page is never kept on the servers of SENNA DİZAYN Online Shop or the companies that serve it, in order to keep the security of our valued customers at the highest level. In this way, all transactions for payment are ensured to be carried out between the bank and your computer via the SENNA DİZAYN Online Shop interface.

Use of Cookies

Cookies are small text files or pieces of information that are stored on your computer or mobile device (such as a smartphone or tablet) when you visit our website.

We use cookies to make our Sites easier to use and to adjust them to your interests and needs. Websites are able to read and write these cookie files, so that you can be recognized and important information about you can be remembered in order to offer you a more suitable website (such as remembering your preference settings).

Cookies also help speed up your future actions on our Sites. In addition, we may use cookies to collect statistical information about the use of our Sites in order to understand how visitors use our Sites and to improve the design and usability of our Sites.

SENNA DİZAYN
Address: Merkez Mah. Birahane Sokak No:24/A Şişli / Istanbul
Telephone: 0534 624 44 44

Membership Agreement

Please read the agreement below carefully before registering as a member of our site.

1. Parties

a) The company located at Merkez Mah. Birahane Sok. No:24/A Şişli Istanbul, operating the website www.sennadesign.com (hereinafter referred to as “...”).

b) The internet user who is a member of the website www.sennadesign.com (“Member”).

2. Subject of the Agreement

The subject of this Agreement is to determine the conditions under which the Member benefits from the website www.sennadesign.com owned by ....

3. Rights and Obligations of the Parties

3.1. The Member declares and undertakes that the personal and other information provided while becoming a member of the website www.sennadesign.com is correct before the law, and that he/she will compensate all damages that .... may incur due to the untruth of such information, immediately and in full.

3.2. The Member cannot give the password provided to him/her by .... to other persons or organizations, and the Member’s right to use the said password belongs exclusively to the Member. Therefore, all responsibility arising from this and all claims and demands that may be brought against .... by third parties or authorized authorities shall belong to the Member, and .... reserves all kinds of compensation rights and other claims arising from such unauthorized use.

3.3. The Member accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the website www.sennadesign.com. Otherwise, all legal and criminal obligations that may arise will bind the Member exclusively.

3.4. The Member may not use the website www.sennadesign.com in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a manner that infringes on the intellectual and copyright rights of others. In addition, the Member may not engage in activities and actions that prevent or make it difficult for others to use the services (such as spam, viruses, Trojan horses, etc.).

3.5. The ideas and opinions declared, written and used by the Members on the website www.sennadesign.com are entirely the personal opinions of the Members and bind the opinion owner. These opinions and thoughts have no relation or connection with ....; .... has no responsibility for the damages that third parties may incur due to the opinions and thoughts declared by the Member, or for the damages that the Member may incur due to the opinions and thoughts declared by third parties.

3.6. .... shall not be liable for the reading of Member data by unauthorized persons or the damage to Member software and data. The Member accepts in advance that he/she will not demand compensation from .... for any damage he/she may incur due to the use of the website www......com.

3.7. The Member accepts not to access or use other internet users’ software and data without permission. Otherwise, all legal and criminal responsibilities that may arise belong entirely to the Member.

3.8. The Member who violates one or more of the articles listed in this membership agreement shall be personally responsible for this violation legally and criminally and shall keep .... free from the legal and criminal consequences of such violations. In addition, if the incident is referred to legal authorities due to such a violation, .... reserves the right to claim compensation from the Member for non-compliance with the membership agreement.

3.9. .... has the right to unilaterally delete the Member’s membership, delete the customer’s files, documents and information, when necessary. The Member accepts this disposition in advance. In this case, .... has no responsibility.

3.10. The software and design of the website www.sennadesign.com is the property of ...., and the copyright and/or other intellectual property rights related to them are protected by the relevant laws. They cannot be used, acquired or changed by the Member without permission. Other companies and products mentioned on this website are trademarks of their respective owners and are also protected within the scope of intellectual property rights.

3.11. In order to improve and develop the www.sennadesign.com website and/or within the framework of legal legislation, some information such as the name of the internet service provider used to access the site and the Internet Protocol (IP) address, the date and time of access to the Site, the pages accessed during your stay on the site, and the Internet address of the website that provides direct connection to our site may be collected.

3.12. .... may disclose the Member’s personal information when it is requested as a legal obligation or in good faith when it is necessary to comply with legal requirements or legal processes notified to ....; to protect and defend the rights and property of .... and the .... website family.

3.13. The www.... web site has taken measures to be free from viruses and similar malicious software. However, in order to ensure the ultimate security, the user must supply his/her own virus protection system and provide the necessary protection. In this context, by entering the .... web site, the Member is deemed to have accepted that he/she is responsible for all errors that may occur in his/her software and operating systems and for all direct or indirect consequences thereof.

3.14. .... reserves the right to change the content of the site at any time, change or terminate any service provided to users, or delete user information and data registered on the .... web site.

3.15. .... may, at any time, change, update or cancel the terms of the membership agreement without any prior notice or warning. Any amended, updated or repealed provision shall be binding for all Members as of the date of publication.

3.16. The parties accept and declare that all computer records belonging to .... shall be taken as the sole and exclusive evidence in accordance with Article 287 of the Code of Civil Procedure and that such records constitute evidence agreements.

3.17. Under this membership agreement, .... is authorized to send informational e-mails to the Members’ registered e-mail addresses and informational SMS messages to their mobile phones, and the Member shall be deemed to have accepted the sending of informational e-mails to his/her e-mail address and informational SMS messages to his/her mobile phone upon approval of this membership agreement.

4. Termination of the Agreement

This agreement shall remain in force until the Member cancels his/her membership or until the membership is canceled by .... In the event that the Member violates any provision of the membership agreement, .... may terminate the agreement unilaterally by canceling the Member’s membership.

5. Settlement of Disputes

In disputes arising from this agreement, Istanbul Courts and Enforcement Offices are authorized.

6. Enforcement

The Member’s registration as a member means that the Member has read all the provisions of the membership agreement and accepted the provisions of the membership agreement. This Agreement is concluded at the moment the Member becomes a Member and enters into force mutually.

Sample Right of Withdrawal Text

Under the Law No. 6502 on the Protection of Consumers (“Law”), buyers have the right to return products without stating any reason and “without paying shipping fees” by using their right of withdrawal within 14 days from the date of delivery.

1. Consumer’s Right of Withdrawal in Installment Sales Agreements:

The provisions regarding installment sales agreements are set forth in Article 17 of the Law, and the right of withdrawal is regulated in Article 18.

The Regulation on Installment Sales Agreements was published in the Official Gazette dated 14.01.2015.

Accordingly:

Right of withdrawal

(1) The consumer has the right to withdraw from the installment sales agreement within seven days without giving any reason and without paying any penalty.

(2) The withdrawal period starts on the day the contract is concluded for contracts relating to the provision of services, and on the day the consumer or a third person designated by the consumer receives the goods for contracts relating to the delivery of goods. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.

(3) For contracts where the delivery of goods and the provision of services are performed together, the provisions on the right of withdrawal relating to the delivery of goods apply.

(4) It is sufficient that the notice of the exercise of the right of withdrawal is sent in writing or via a permanent data carrier to the seller or provider within the withdrawal period. The seller or provider is responsible for proving that the consumer has been informed about the right of withdrawal.

(5) If the seller has delivered the goods to the consumer within the withdrawal period, the consumer may use the goods only to the extent required by an ordinary inspection. Ordinary inspection covers the initial examination of the goods. If the goods are used normally, the consumer cannot exercise the right of withdrawal.

(6) The consumer cannot exercise the right of withdrawal in service contracts where, with the consumer’s approval, performance of the service has begun before the end of the withdrawal period.

(7) In financial leasing transactions where the consumer finds the seller, the right of withdrawal cannot be exercised.

(8) The provisions on the right of withdrawal in favor of the consumer regarding other contracts regulated by the Law are reserved.

Consequences of exercising the right of withdrawal

(1) If the consumer exercises the right of withdrawal, the seller or provider is obliged to return the amount received and any documents that put the consumer under any obligation, without imposing any cost on the consumer, within seven days from the date the withdrawal notice reaches them.

(2) The consumer who exercises the right of withdrawal is obliged to return the goods subject to the contract to the seller within seven days from the date he/she exercises the right of withdrawal. Otherwise, the consumer is deemed not to have exercised the right of withdrawal.

(3) In the event of the exercise of the right of withdrawal, the consumer is obliged to bear the costs of returning the goods.

2. Consumer’s Right of Withdrawal in Distance Contracts

The provisions regarding distance contracts are explained in Article 48 of the Law.

Distance contracts involve certain risks for the consumer similar to off-premises contracts. In off-premises contracts, the determining feature is that the parties physically meet outside the ordinary premises such as stores; in distance contracts, the determining feature is that the parties never meet. The consumer who concludes the contract via phone, internet, letter or similar means from home does not even see the face of the seller or provider. In such contracts, the problem is usually that the contract and performance are concluded without much thought, without having sufficient information about the details of the contract and performance, without comparing the contract terms with those of similar goods or services on the market, and without seeing the goods. Therefore, to eliminate these information deficiencies, it is appropriate, in line with the European Parliament and Council Directive 2011/83/EU of 25/10/2011 on Consumer Rights, to inform the consumer about the contract and performance and to grant a right of withdrawal.

The Regulation on Distance Contracts was published in the Official Gazette dated 27.11.2015.

According to this Regulation, the Use of the Consumer’s Right of Withdrawal and the Obligations of the Parties are determined as follows:

Right of withdrawal

(1) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty.

(3) In determining the withdrawal period:

a) For goods delivered separately in installments under a single order, the day on which the consumer or a third person designated by the consumer receives the last good,

b) For goods consisting of multiple parts, the day on which the consumer or a third person designated by the consumer receives the last part,

c) For contracts in which goods are delivered regularly for a certain period of time, the day on which the consumer or a third person designated by the consumer receives the first good,

is taken as the basis.

(4) Delivery of the goods to the carrier by the seller is not considered as delivery to the consumer.

(5) In contracts where the delivery of goods and the provision of services are performed together, the provisions on the right of withdrawal relating to the delivery of goods apply.

Incomplete information

(1) The seller or provider is responsible for proving that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, the consumer is not bound by the fourteen-day withdrawal period. In any case, this period expires one year after the end of the withdrawal period.

(2) If proper information regarding the right of withdrawal is provided within one year, the fourteen-day withdrawal period starts from the day such information is duly provided.

Exercise of the right of withdrawal

(1) It is sufficient that the notice of the exercise of the right of withdrawal is sent in writing or via a permanent data carrier to the seller or provider before the withdrawal period expires.

(2) In exercising the right of withdrawal, the consumer may use the form in the annex of the Regulation or may make a clear statement indicating the decision to withdraw. The seller or provider may also offer the option on its website for the consumer to fill out this form or send the withdrawal declaration. If the right of withdrawal is offered through the website, the seller or provider must immediately notify the consumer that it has received the withdrawal request.

(3) In sales made through voice communication, the seller or provider must send the form in the annex of the Regulation to the consumer at the latest by the time of delivery of the goods or performance of the service. The consumer may use this form or the methods in the second paragraph to exercise the right of withdrawal.

(4) The burden of proof regarding the exercise of the right of withdrawal lies with the consumer.

Obligations of the seller or provider

(1) If the consumer exercises the right of withdrawal, the seller or provider shall refund all payments received, including the costs of delivery of the goods to the consumer, if any, within fourteen days from the date on which the withdrawal notice is received.

(2) The seller or provider must make all refunds specified in the first paragraph using the same payment method used by the consumer when purchasing, without putting the consumer under any cost or obligation and in a single transaction.

(3) In the exercise of the right of withdrawal, if the goods are returned via the carrier specified by the seller for returns as per Article 5(1)(g) of the Regulation, the consumer cannot be held responsible for the costs of the return. If the seller does not specify any carrier for returns in the preliminary information, no cost can be charged to the consumer for return shipping. If the carrier specified in the preliminary information for returns does not have a branch in the consumer’s location, the seller must ensure that the goods to be returned are collected from the consumer without any additional cost.

Obligations of the consumer

(1) Unless the seller or provider offers to collect the goods, the consumer must return the goods to the seller or provider or to the person authorized by the seller or provider within ten days from the date on which he/she notifies the exercise of the right of withdrawal.

(2) The consumer is not responsible for any changes or deterioration in the goods resulting from proper use in line with the functioning, technical specifications and instructions for use within the withdrawal period.

Effect of exercising the right of withdrawal on ancillary contracts

(1) Without prejudice to Article 30 of the Law, if the consumer exercises the right of withdrawal, ancillary contracts are automatically terminated. In this case, the consumer is not obliged to pay any costs, compensation or penalties, except for the cases specified in Article 13(2) of the Regulation.

(2) The seller or provider must immediately notify the third party that is party to the ancillary contract that the consumer has exercised the right of withdrawal.

Exceptions to the right of withdrawal

(1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

a) Contracts relating to goods or services whose price depends on fluctuations in financial markets and which are outside the seller’s or provider’s control.

b) Contracts relating to goods prepared in line with the consumer’s wishes or personal needs.

c) Contracts relating to goods that may deteriorate quickly or expire.

ç) Contracts relating to goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and which are not suitable for return for reasons of health and hygiene.

d) Contracts relating to goods that, after delivery, are mixed with other products and cannot be separated due to their nature.

e) Contracts relating to books, digital content and computer consumables presented in a tangible medium, if the protective elements such as packaging, tape, seal or package have been opened after delivery.

f) Contracts relating to the delivery of periodicals such as newspapers and magazines other than those provided under a subscription agreement.

g) Contracts relating to accommodation, transport of goods, car rental, catering and leisure services that are to be provided on a specific date or during a specific period.

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

h) Contracts relating to services for which performance has begun with the consumer’s consent before the end of the withdrawal period.