PRE-INFORMATION
ARTICLE 1 SELLER INFORMATION
ARTICLE 1.1 - SELLER Title: ELVAN MAGAZACILIK ANONIM SIRKETI Address: YENIBOSNA MERKEZ MAH. 29 EKIM CAD. NO: 41 IÇ KAPI NO: Z1 BAHÇELIEVLER/ ISTANBUL Phone: (0212) 451 20 57 Fax: +90 212 592 87 87 E-Mail: elvan@elvan.com.tr
ARTICLE 1.2 - BUYER
The person who is a member of the https://www.elvan.com.tr shopping site as a customer. The address and contact information used during registration are taken into account.
ARTICLE 2 SPECIFICATIONS OF THE PRODUCT SUBJECT TO SALE
The basic features of goods or services are available at www.elvan.com.tr. You can review the basic features of the product during the campaign period.
The listed prices and those announced on the website are the selling prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the specified period ends.
The type, quantity, brand/model, color, quantity, selling price, payment method, and information at the end of the order make up the product.
The shipping cost, which is the shipping expense for the product, will be paid by the BUYER and is non-refundable.
ARTICLE 3 GENERAL PROVISIONS
3.1) The BUYER declares that they have read and understood the basic characteristics of the product, the selling price, and the payment method, as well as the preliminary information regarding delivery on the website https://www.elvan.com.tr, and provided the necessary confirmation in electronic form. By confirming this Preliminary Information electronically, the BUYER confirms that they have accurately and completely obtained the address to be provided by the SELLER before the conclusion of the distance contracts, the basic properties of the products ordered, the prices including taxes of the products ordered, and the payment and delivery information. 3.2) The product subject to the contract is delivered to the BUYER or the person/organization at the address shown on the distance sales information within the period specified on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period. 3.3) The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems encountered by the shipping company during the delivery of the product to the BUYER. 3.4) The SELLER is responsible for delivering the product subject to the contract in a sound, complete, in compliance with the specifications specified in the order, and with warranty documents and user manuals if any. 3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the performance period of the contractual obligation arising from the contract expires. 3.6) If the SELLER fails to fulfill the contractual obligations due to the impossibility of delivering the ordered product or service, they shall notify the consumer within the period specified in the contract without delay and return the total price to the BUYER within 10 days. 3.7) Confirmation of this Preliminary Information Form in electronic form is a prerequisite for the delivery of the product. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed to have been relieved of the obligation to deliver the product. 3.8) If the BUYER's credit card is used by unauthorized persons unfairly or unlawfully, without any fault of the BUYER, and if the bank or financial institution does not pay the product price to the SELLER for this reason, the BUYER must return the product to the SELLER within 3 days provided that it has been delivered to them. In this case, shipping costs belong to the BUYER. 3.9) If the SELLER cannot deliver the contractual product within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, they must notify the BUYER. In this case, the BUYER may cancel the order, request the replacement of the product with a similar one, if any, or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid is refunded to them within 10 days. In payments made by the BUYER via credit card, the product price is refunded to the BUYER within 7 days after the cancellation of the order by the BUYER. Since the reflection of this amount to the BUYER's accounts after the refund to the bank is entirely related to the bank transaction process, the BUYER accepts in advance that it may take an average of 2 to 3 weeks and that the SELLER cannot intervene in any way for possible delays.
ARTICLE 4 RIGHT OF WITHDRAWAL
The BUYER may exercise their right of withdrawal from distance contracts related to the sale of goods (excluding Concert and Event Tickets) within 14 (fourteen) days from the date of delivery to themselves or the person/organization at the address indicated without assuming any legal or penal responsibility and without providing any reason. In distance contracts for the provision of services, this period begins on the date the contract is signed. In service contracts where the service has started with the consumer's consent before the end of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal are borne by the SELLER.
To exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or email within the 14-day period, and the product must not have been used within the framework of Article 5 provisions. In case of exercising this right,
a) The invoice of the product delivered to a third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced on behalf of institutions cannot be completed if the RETURN INVOICE is not issued.)
b) Return form,
c) The box of the products to be returned, their packaging, and, if any, their standard accessories must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total price to the BUYER and return the documents that put the BUYER under obligation within 10 days from the date the withdrawal notification reaches them, and to take back the product within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if it becomes impossible to return, the BUYER is liable to compensate for the damages of the SELLER in proportion to their fault.
f) In case the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign will be canceled.
g) The shipping cost paid when the product returned due to the right of withdrawal is sent back to the seller will be covered by the BUYER for domestic orders and by the SELLER for international orders.
h) The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The return of goods prepared according to the consumer's requests or explicitly for their personal needs, which are not suitable for return due to their nature and have a risk of deterioration or expiration date, or, with the condition that the package is opened by the BUYER, audio or video recordings, software programs, and computer consumables is not possible according to the Regulation.
In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where their residence is located are authorized, up to the value announced by the Ministry of Industry and Trade.
The SELLER may apply to the consumer arbitration board or consumer court regarding complaints and objections within the monetary limits determined annually by the Ministry of Industry and Trade for the place where the consumer has purchased the goods or services or where their residence is located. The information regarding the monetary limit is as follows:
Effective as of January 1, 2012:
a) The lower monetary limit, which is evidence in upper or consumer courts according to the 5th and 6th paragraphs of Article 22 of Law No. 4077 on the Protection of Consumers, regarding the binding decisions of consumer dispute resolution committees, is 1,161.67 TL. b) In metropolitan cities, the lower monetary limit for provincial arbitration boards specified in the third paragraph of Article 5 of the Regulation on Consumer Dispute Resolution Committees, regarding their jurisdiction to deal with disputes, is 3,032.65 TL.
This Preliminary Information is provided for commercial purposes.
DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
1.1 - SELLER Title: ELVAN MAGAZACILIK ANONIM SIRKETI Address: YENIBOSNA MERKEZ MAH. 29 EKIM CAD. NO: 41 IÇ KAPI NO: Z1 BAHÇELIEVLER/ISTANBUL Phone: (0212) 451 20 57 Fax: +90 212 592 87 87 Email: elvan@elvan.com.tr
1.2 - BUYER The person who is a member of the shopping site https://www.elvan.com.tr as a customer. The address and contact information used during registration are taken as the basis.
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. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below, which the BUYER has ordered electronically from the website https://www.elvan.com.tr owned by the SELLER.
ARTICLE 3 - SUBJECT OF THE AGREEMENT PRODUCT The type, quantity, brand/model, color, quantity, sales price, payment method, and information at the time of ordering constitute the basic information of the product/service.
ARTICLE 4 - GENERAL PROVISIONS 4.1 The BUYER declares that they have read and understood the preliminary information regarding the basic characteristics of the product, the sales price including all taxes and the payment method, the delivery and that the expenses thereof will be covered by the BUYER, the period of delivery, and the full commercial title, address, and contact information of the SELLER on the website https://www.elvan.com.tr, and provides the necessary confirmation electronically.
4.2 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period specified on the website depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period. Any shipping fee related to delivery mentioned in Article 3 will be borne by the BUYER and reflected as "Shipping Fee" on their invoice.
4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the refusal of delivery by the designated person/organization.
4.4 The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problems encountered by the shipping company during the delivery process.
4.5 The SELLER is responsible for delivering the product subject to the contract in good condition, complete, in accordance with the specifications stated in the order, along with any warranty documents and user manuals if available.
4.6 The SELLER, subject to a justifiable reason, may supply a different product of equal quality and price to the BUYER before the expiry of the performance obligation arising from the contract.
4.7 If the SELLER is unable to fulfill the obligations under the contract due to impossibility of performance of the ordered product or service, the SELLER shall notify the consumer of this situation before the expiry of the performance obligation arising from the contract and may supply a different product of equal quality and price to the BUYER.
4.8 It is a condition for the delivery of the product subject to the contract that a signed copy of this agreement has been delivered to the SELLER and the payment has been made by the BUYER in the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER shall be deemed to have been relieved of the obligation to deliver the product.
4.9 During the shopping process, the BUYER acknowledges and undertakes that the credit card information entered into the system is correct, and that they accept and undertake all legal and penal responsibilities arising from the use of this credit card. If, after the delivery of the product, the bank or financial institution does not pay the product price to the SELLER due to unauthorized use of the BUYER's credit card by unauthorized persons, provided that the product has been delivered to the BUYER, the BUYER is obliged to send the product to the SELLER within 3 days. In this case, the shipping costs will be borne by the BUYER. If the BUYER does not return the product, the product price will be transferred to the SELLER's bank accounts without any notice.
4.10 In case the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure or extraordinary situations such as adverse weather conditions preventing transportation or interruption of transportation, the SELLER is obliged to inform the BUYER of this situation. In this case, the BUYER may cancel the order, request the replacement of the product subject to the contract with an equivalent if available, and/or postpone the delivery period until the obstructive situation is resolved. If the BUYER cancels the order, the amount paid will be refunded to them in cash within 10 days.
4.11 Points provided to the customer through a campaign by the SELLER are only valid for a single purchase. These points will not be refunded even if the product is returned.
In payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 7 days after the cancellation of the order by the BUYER. Since the reflection of this amount into the BUYER's accounts is entirely related to the bank transaction process, the BUYER acknowledges in advance that the SELLER cannot intervene in any way in possible delays, and that the amount refunded to the credit card by the SELLER may take an average of 2 to 3 weeks to be reflected into the BUYER's account by the bank.
MADDE 5 – CAYMA HAKKI (RIGHT OF WITHDRAWAL)
The BUYER has the right to withdraw from the contract without any justification within 14 days from the delivery of the product to themselves or the designated person/organization.
However, for products specifically prepared, offered for sale, and/or imported for certain days such as New Year, holidays, Mother's Day, the return of the product is not accepted for campaign and promotional products; the BUYER accepts these conditions and completes their purchase.
To exercise the right of withdrawal within the 14-day period, notification must be made to the SELLER by fax or email, and the product must not have been used in accordance with the provisions of Article 6. In case of exercising this right,
a) The invoice of the product delivered to a third party or the BUYER must be returned. (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. If the invoice is not issued, corporate order returns cannot be completed.)
b) Return form,
c) The product to be returned within the 14-day period must be delivered complete and undamaged, along with its box, packaging, and if any, standard accessories. The product price will be refunded to the BUYER within 10 days following the arrival of these documents to the SELLER.
The shipping fee for the product returned due to the right of withdrawal will be covered by the BUYER for international orders and by the SELLER for domestic orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
When returning the product to the SELLER, the original invoice presented to the BUYER during delivery must also be returned (to ensure consistency in our accounting records). If the invoice is not sent to the SELLER together with the product or within 5 days from the date of shipment at the latest, the return process will not be completed, and the product will be returned to the BUYER with cash on delivery. The phrase "this is a return invoice" will also be written on the invoice to be returned with the product, and it will be signed by the BUYER.
ARTICLE 6 – PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL
Products that are single-use items, copyable software and programs, fast-decaying, or with a possibility of expiration date not accepted for return. In bulk purchases, returns are not accepted unless the products are undamaged. Exchange will be offered for damaged products.
ARTICLE 7 – DEFAULT OF THE DEBTOR
In case of default by the BUYER, the BUYER agrees to compensate the SELLER for any damages and losses arising from the delayed performance of the debt. In cases where the default of the BUYER is due to the fault of the SELLER, the BUYER shall not be obliged to cover any claims for damages and losses.
ARTICLE 8 – COMPETENT COURT
In the implementation of this Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER has purchased the goods or services and resides, up to the value announced by the Ministry of Industry and Trade, are authorized.
In complaints and objections, the SELLER can apply to the consumer arbitration committee or consumer court in the place where the goods or services are purchased or where the residence is located within the monetary limits announced annually by the Turkish Ministry of Industry and Trade in December. Information on the monetary limit is provided below:
Effective as of 28/05/2014;
a) In disputes where the value is below two thousand Turkish Liras according to Article 68 of the Law No. 6502 on the Protection of Consumers, applications must be made to the district consumer arbitration committees for disputes below three thousand Turkish Liras, to the provincial consumer arbitration committees for disputes below three thousand Turkish Liras, and for disputes between two thousand Turkish Liras and three thousand Turkish Liras in cities with metropolitan status, applications must be made to the provincial consumer arbitration committees. No applications can be made to consumer arbitration committees for disputes above these values.
b) In disputes above the specified value, applications must be made to the Consumer Courts. In places where there is no Consumer Court, applications must be made to the Civil Courts with Consumer Court authority.
This notice is made for commercial purposes.
Please Note: Before signing the cargo receipt, please check if your cargo package is damaged due to transportation. If there is any damage to the cargo package for any reason, return your cargo to the cargo officer without signing any documents related to the delivery for a record to be taken. New products will be sent to you immediately by us. www.elvan.com.tr is not responsible for the damage or shortage of products in case damaged packages are accepted upon delivery.
These terms and conditions are subject to Turkish Law in their entirety.
For English or other language options, please contact us at elvan@elvan.com.tr. Please get in touch with us elvan@elvan.com.tr for English and other language options.