Terms of service

1.PARTIES

This Distance Sales Agreement ("Agreement") has been signed electronically between the Seller and the Buyer whose information is given below. The parties accept, declare and undertake that they have read this Agreement in its entirety, understand its content in its entirety and approve all its provisions.

SELLER:

Title of the Seller: BERLIKAPLUS

Open Address of the Seller: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

Company Number: 14607149

Seller's E-mail Address: info@berlikaplus.com

BUYER:

Name/Surname of the Buyer:

Buyer's Address:

Buyer's Phone:

Buyer's E-Mail Address:

2.ESTABLISHMENT OF THE CONVENTION

THE BUYER AGREES THAT HE HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
THE PARTIES ACKNOWLEDGE THAT THERE IS NO DISPROPORTION BETWEEN THE PERFORMANCES AGREED UPON IN THE CONTRACT AND THAT THE MUTUAL PERFORMANCES ARE APPROPRIATE TO THE NATURE OF THE WORK AND THAT THEY HAVE NO INEXPERIENCE IN THE TRANSACTIONS COVERED BY THE CONTRACT.
THE BUYER AGREES THAT HE/SHE HAS REACHED A FULL CONVICTION THAT THE TRANSACTIONS COVERED BY THE CONTRACT ARE IN HIS/HER BEST INTEREST AND THAT HE/SHE WILL COMPLY WITH ALL THE TERMS OF THE CONTRACT OF HIS/HER OWN FREE WILL, WITHOUT ANY DIFFICULTY OR INCONVENIENCE, THOUGHTFULLY, WILLINGLY AND KNOWINGLY.
T THE PARTIES AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A FEATURE THAT CAN BE CONSIDERED AS UNFAIR TERMS AND THAT THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.

THE PROVISIONS OF THIS CONTRACT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONTRADICT THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF THE CONSUMER.
THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED BY TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL STIPULATED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN MADE BY THE BUYER.
NONE OF THE PROVISIONS OF THIS CONTRACT ARE FOREIGN TO THE NATURE OF THIS CONTRACT AND THE NATURE OF THE WORK (CONFUSING TERMS). THE PROVISIONS OF THIS CONTRACT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MORE THAN ONE MEANING.

3.SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation in relation to the sale and delivery of the product whose qualifications and sales price are specified below, which the Buyer has ordered electronically through the Seller's website berlikaplus.com ("Site").

4.BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT

The basic characteristics, sales price, delivery and payment terms of the product subject to this Agreement are as follows:

Product Code and

Name

Quantity

Unit Price

(including VAT)

Shipping Cost

Discount And Coupon

Total Price

(including VAT)

…..

PAYMENT AND DELIVERY TERMS

Total product cost excluding shipping:

Shipping Cost:

Total product price including shipping and all taxes:

Payment Method:

Number of Installments:

Credit Difference Received:

The interest rate used in the interest rate calculation:

Additional costs to be paid by the Buyer:

Delivery Address:

Person to be Delivered to:

The total product price stated above is collected from the Buyer by BERLIKAPLUS.

5.DELIVERY

The product(s) subject to the Contract shall be delivered to the Buyer or the person/organization at the address indicated by the Buyer within this 30 (thirty) day period depending on the distance of the Buyer's delivery address for each product, provided that it does not exceed the 30 (thirty) day legal period following the receipt of the order by the Seller.

For the avoidance of doubt, for the delivery of the product(s) subject to this Agreement, this Agreement and the Preliminary Information Form must be confirmed electronically by the Buyer and the price of the product(s) must be paid in full and in full with the Buyer's preferred payment method. If for any reason the product price is not paid, paid incompletely or the payment is canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the product.

In cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, the Seller notifies the Buyer in writing or by permanent data provider within 3 (three) days from the date of learning of this situation and returns all payments collected, including delivery costs, if any, to the Buyer within 14 (fourteen) days at the latest from the date of notification.

6.BUYER'S DECLARATIONS AND COMMITMENTS

The Buyer accepts, declares and undertakes that he / she has read and informed the preliminary information uploaded by the Seller regarding the basic qualities, sales price and payment method, delivery and shipping costs of the goods or services subject to the Contract on the Site, that he / she has given the necessary confirmation electronically and that he / she is aware that he / she is under PAYMENT OBLIGATION by confirming the order on the Site.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he / she has obtained the address, basic features of the goods or service ordered, the price of the goods or service including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the conclusion of distance contracts.

After the delivery of the goods or services, if the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or unlawful use of the credit card of the Buyer by unauthorized persons in a way not caused by the fault of the Buyer, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to him. In this case, delivery expenses belong to the Buyer.

If the goods or service subject to the contract will be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to be delivered to accept the delivery.

7.SELLER'S DECLARATIONS AND COMMITMENTS

The Seller is responsible for the delivery of the goods or services subject to the Contract to the Buyer in accordance with the consumer legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

The Seller may supply a different product of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Contract, provided that it is based on a justifiable reason and informs the Buyer and obtains its express consent.

8.BUYER'S RIGHT OF WITHDRAWAL

The Buyer may exercise the right of withdrawal within 14 (fourteen) days from the date on which the Buyer or the third party designated by the Buyer receives the goods in contracts for the delivery of goods, and within 14 (fourteen) days from the day the contract is established in contracts for the performance of services, without any legal and criminal liability and without any justification. The Buyer may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods.

The Buyer may exercise his/her right of withdrawal by filling in the withdrawal form delivered to him/her with the order or by delivering it to the Seller with an explicit declaration stating his/her decision to withdraw. The said form or explicit declaration of withdrawal must be addressed to the Seller in writing or by permanent data provider before the right of withdrawal expires. The contact information of the Seller where the withdrawal notification can be made is as follows:

Open Address: UĞUR MUMCU MAH. UZUNYURT SK. KARDELEN APT. NO:8/30 KARTAL/ ISTANBUL

E-mail: info@berlikaplus.com

The Seller shall, within 14 (fourteen) days from the date of receipt of the notification that the Buyer has exercised his right of withdrawal, refund to the Buyer all payments made by the Buyer to the Seller for the relevant goods or services, including the costs of delivery of the goods to the Buyer, if any, in accordance with the payment instrument used when purchasing and in one lump sum, without any cost or obligation to the consumer.

In the event that the Buyer exercises the right of withdrawal, ShipEntegra (UPS, DHL) is the cargo company that will take back the product stipulated by the Seller. If the right of withdrawal is exercised, the Buyer is responsible for the costs related to the return if the goods are sent back through the cargo company specified here. If the Buyer sends the goods to be returned by a cargo company other than the Seller's contracted cargo company specified in this Agreement, the Seller is not responsible for the return shipping costs and the damage to the goods during the shipping process.

The Buyer must send the goods back to the Seller within 10 (ten) days from the date of the notification that the Buyer has exercised the right of withdrawal. Together with the goods subject to return, the invoice, box, packaging, standard accessories, if any, and other products gifted due to the purchase of the goods in question must be returned to the Seller in full and undamaged. The buyer must use the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period, otherwise he / she is responsible for any changes and deterioration in the goods.

9.CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The Buyer accepts, declares and undertakes that he/she knows that he/she cannot use the right of withdrawal in the following cases:

Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.
Contracts for goods prepared in line with the wishes or personal needs of the consumer.
Contracts for the delivery of perishable goods or goods that may expire.
Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.
Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
Contracts relating to books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
Contracts for accommodation, transportation of goods, car rental, supply of food and beverages, and leisure time for entertainment or recreation, which must be performed on a specific date or period.
Contracts for services performed instantly in electronic media or contracts for intangible goods delivered instantly to the consumer.
Contracts for services whose performance is started with the consent of the consumer before the expiration of the right of withdrawal period.

10.DEFAULT AND LEGAL CONSEQUENCES

In the event that the Buyer defaults in the transactions made with the credit card, the cardholder shall be liable to the bank within the framework of the credit card agreement concluded by the bank with him. In this case, the relevant bank may apply for legal remedies and may demand the costs and attorney fees from the Buyer. Under all circumstances, in the event of default by the Buyer, the Buyer shall be responsible for all damages and losses incurred by the Seller.

11.INTELLECTUAL PROPERTY

The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones used in the designs of the products produced by the Seller and all kinds of graphic design, illustration, drawing, design and elements used in the design of the works and all products offered for sale on the Site belong to the Seller.

All intellectual-industrial rights and property rights, except those belonging to other third parties according to the Seller's agreement; all intellectual-industrial rights and property rights belong to the Seller regarding all kinds of information and content on the Site and their arrangement, revision and partial / complete use. All or part of the product(s) purchased by the Buyer and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subject to derivative works, transferred or sold. The Buyer hereby accepts and undertakes not to use the product purchased under this Agreement for illegal purposes and / or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, but the Seller reserves the right to all kinds of compensation and other claims arising from such unauthorized use against all claims and demands that may be asserted against the Seller by third parties or competent authorities.

12.RESOLUTION OF DISPUTES

In case of disputes related to the contract, applications regarding the dispute can be made to the Consumer Problems Arbitration Committees in the place where the Buyer purchases the product or where the Buyer's residence is located up to the value announced by the Ministry of Customs and Trade every year, and to the Consumer Courts in disputes above the said value.

13.EFFECTIVENESS

This Agreement has been concluded and entered into force on [...] by being approved electronically by the Buyer. Transactions made through the Site shall be considered as binding declarations of will of the parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.

The text of this Agreement will be sent via e-mail to the e-mail address submitted by the Seller immediately after its approval and will be kept by the Seller for 3 (three) years. The Buyer may request access to the copy of this Agreement from the Seller by applying with a request to the e-mail address info@berlikaplus.com at any time.

SELLER RECIPIENT

BERLIKAPLUS [...]