PRELIMINARY INFORMATION FORM

This Preliminary Information Form is provided to you for information purposes before the Distance Contract you will enter into for the order that you place via “Umutcarpet.com” the Web Site.

Umut Halıcılık Ltd. shall be herein referred to as “COMPANY”.

The technical stages-steps relating to the consumers’ purchase of the products/services subject to the order and thereby placing of the order, the technical tools for the detection and correction of the errors during your information entries have been expressly specified on the Umutcarpet.com during your transactions up to this stage.

In the case of missing characters, erroneous e-mail extension, past date, nonexistent flight information and other errors in other such information entries relating to the order to be placed via Umutcarpet.com; you may proceed with your transaction by correcting such error.

Our product sales are implemented within the scope of the Umutcarpet.com.

Upon the Buyer’s confirmation of the Distance Contract, the price and costs of the ordered products specified via Umutcarpet.com will be collected through credit card, internet banking, EFT or other payment methods to be envisaged by Company designated by the Buyer.

The Buyer has the Right of Withdrawal within fourteen (14) days starting from the execution of the Contract without indicating any reason.

In the case that this right is exercised, the Purchase Price received within fourteen (14) days starting from Company’s receipt of the withdrawal notice will be refunded to the Buyer. For the avoidance of doubt, in the event of communication of withdrawal notice after fourteen (14) days which is the Right of Withdrawal period, the Purchase Price will in no way be refunded.

The Right of Withdrawal period, namely fourteen (14) days, starts on the day which the Buyer confirms the Contract.

Right of Withdrawal may not be utilized in cases where Right of Withdrawal is not envisaged by law nor may the Buyer exercise Right of Withdrawal in cases where such right is not duly or timely exercised.

Following the acceptance of the information given below and the Contract by confirming them via Umutcarpet.com; upon the order confirmation, the information subject to the Contract will be sent to the e-mail address designated by the Buyer. Company will keep the information and documents pertaining to each transaction related to the Right of Withdrawal, provision of information, delivery and its obligations in other respects for three (3) years.

COMPANY’S DETAILS

Name: Umut Halıcılık Ltd.

Address: Kavaflar Street, No.19 Kapalicarsi-Beyazıt, Fatih/Istanbul

Telephone: ………………………..

E-mail: [email protected]

Mersis No.: 4525-0621-1620-0015

BUYER’S DETAILS

Telephone:

E-mail:

INVOICE DETAILS

Name/Surname/Trade Name:

Address:

Telephone:

E-mail:

DESCRIPTION OF PURCHASED SERVICE/PRODUCT

Should the Buyer assent to the Disclosure included in the Umutcarpet.com as well as to other personal data protection policies included in the Umutcarpet.com, it also accepts the use of its personal data in compliance with the relevant Disclosure and personal data protection policies. Within this scope; Company have the right to process and share the Buyer’s personal data collected through the methods via the channels as set forth under the Disclosure in compliance with the Personal Data Protection Law numbered 6698 and the Disclosure. The Disclosure will constitute an integral part of the Contract.

The necessary measures for security of the information and transactions entered by the Buyer to Umutcarpet.com have been taken within the Company’s own system infrastructure and to the extent of their technical possibilities. Nonetheless, since such information has been created by the Buyer or used via the devices belonging to the Buyer, the security and privacy of such information are fully under the responsibility of the Buyer. The Buyer accepts that the liability originating from the transactions it performs is in advance borne by itself, that it may not assert any plea and/or objection that the operations and transactions thus performed have not been performed by itself and/or it may not refrain from fulfilling its obligations based on such plea or objection, that the liability for taking the necessary measures, including the ones related to viruses and other such malware, for protection of its information and avoiding access to the same by unrelated parties will be borne by itself.

All visual elements used in the Web Site also known as Umutcarpet.com may be illustrative. Furthermore, all copyrights of all contents and visual elements are reserved, and without express written consent of Company; the intellectual and industrial property rights of and pertaining to all information and materials including but not limited to the contents, graphics, user interfaces, commands, technical data presented in electronic, graphic or machine readable form, applied sales systems, work methods and business models, particularly the general view and design of the Web Site as well as all information, pictures, brands, logos, icons, source codes, data codes, database and within the software and system and their developed versions on the internet site may not be copied, processed or reverse engineered; all or any part of their original and/or processable form may not be directly or indirectly reproduced; they may not be in any form or method disseminated; they may not be utilized through performing in public places directly or by means used for transmission of sign, sound or picture; they may not be used, communicated to the public and made available to the access of third parties in digital environments and/or mobile instruments; they may not be recorded to instruments used for conveying data; they may not be used in any visual-audio work and communicated to the public by instruments used for conveying sign-sound and/or image or by retransmission, they may not be reproduced, exhibited, changed, adapted or translated.

Via Umutcarpet.com, links may be given to other web sites, electronic applications and/or other contents that are not under the control of Company and/or owned and/or operated by other third parties.

In the resolution of the disputes in relation to implementation of the Contract, the Parties accept the jurisdiction of the Consumer Arbitration Committees and the Consumer Courts in the locale where the Buyer purchases the Service or the Buyer’s residence is situated, based on the monetary limits designated in the Consumer Protection Law numbered 6502. Pursuant to the lower and upper limits designated in the 1^st paragraph of Article 68 of the Consumer Protection Law numbered 6502, the district/provincial consumer committees have jurisdiction over the consumer claims.

Upon this Preliminary Information Form that will constitute an integral part of the Distance Contract, if confirmed; the Buyer is hereby informed on all respects including the basic features-specifications and sales price of the Products subject to sale, payment method, delivery processes and the Right of Withdrawal as well as the personal details and electronic communication.

All descriptions and information in this Preliminary Information Form are effective as of the moment that the Buyer confirms the Contract electronically via the Web Site.

DISTANCE CONTRACT

1. PARTIES TO CONTRACT

This Distance Contract (“Contract”) has been executed by and between,

• ……………… headquartered in the address Kavaflar Street, No.19 Kapalicarsi-Beyazıt, Fatih/Istanbul and registered at Istanbul Trade Registry Office with the registration number of …………., whose telephone number is: ………., e-mail address is: [email protected] (shall be hereinafter referred to as “Company”) and Umutcarpet.com Website
• the Buyer who accepts this Contract (shall be hereinafter referred to as “Buyer”)

based on the conditions written below on the date the Buyer confirmed this Contract.

The Buyer and Company shall be hereinafter individually referred to as “Party” and collectively as “Parties”.

 

 

 

 

 

 

2. DEFINITIONS

Right of Withdrawal	:	shall mean the right conferred to consumers under the Consumer Protection Law numbered 6502 and that enables the Buyer to withdraw from the contract within a fourteen (14)-day period.
Distance Contracts Regulation	:	shall mean the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188.

Purchase Price	:	shall mean the price to be paid by the Buyer to Company in consideration of the Services offered under this Contract.
Consumer Protection Law	:	shall mean the Consumer Protection Law numbered 6502 published in the Official Gazette dated 28.11.2013 and numbered 28835.
Turkish Code of Obligations	:	shall mean the Turkish Code of Obligations numbered 6098 published in the Official Gazette dated 04.02.2011 and numbered 27836.
Web Site	:	shall mean the internet site where the information regarding the services are provided and that will enable the Members’ communication with Company when necessary.

3. SUBJECT MATTER OF CONTRACT

The subject matter of the Contract is the determination of the rights and obligations of the Parties, by also taking the Consumer Protection Law and the Distance Contracts Regulation into consideration, in respect of sale and payment of the price of the Services that the Buyer places order with Company via the Chunkypawz.com in the electronic environment and Purchase Price are specified in the Umutcarpet.com and this Contract.

4. REPRESENTATIONS AND WARRANTIES OF BUYER

 

• The Buyer agrees and declares that it has read and is informed on the preliminary information uploaded by Company as to the basic features, Purchase Price and payment method of the goods included in the Web Site, and that it has given the necessary confirmation in the electronic environment. Buyers may forward their claims and complaints in their capacity of consumers to Company’ contact details given above and/or via the channels provided the Web Site. By confirming this Contract in the electronic environment, the Buyer is deemed to confirm that it has accurately and completely obtained the address, basic features pertaining to the products ordered, product’s price including taxes, payment information required to be provided by Company to the Buyer before the execution of distance contracts.

 

• When the Buyer uses the Services provided by means of Company; it agrees, declares and undertakes that it is obliged to comply with particularly the Consumer Protection Law and the applicable legislations within the scope of this law including the provisions of the Regulation On Distance Contracts and all regulations, communiqués and other such legislations issued under these laws as well as any law and applicable legislation that the products are subject to.

 

• The Buyer must perform the transactions that it will perform via Company’s Web Site named as Umutcarpet.com, in due and thorough manner. The Buyer agrees and undertakes that no liability of Company will arise from the cancellations, refunds or inconveniences in the purchase transactions on account of an inaccurate or erroneous performance of a transaction by itself or a third party.

 

• The Buyer agrees and declares that it will incur obligation to pay Purchase Price when it purchases any Product within the scope of this Contract.

 

• The Buyer agrees and undertakes that the credit card details that it defines to the system during shopping are accurate, and that any civil and penal liability originating from the use of such credit card are borne by itself.

 

• The Buyer shall be obliged to provide Company with additional information and documents required by Company during the term of the Service under this Agreement.

 

5. PURCHASED PRODUCT AND PURCHASE PRICE

 

• When the Product purchased under this Contract is added to the shopping cart in the Umutcarpet.com, it shall be subject to Article 5 of this Contract entitled Purchased Product and Purchase Price without requirement for any further action.

 

• By executing this Contract, the Buyer agrees and declares that it has read and accepted the detailed information provided in respect of the Purchase Price through the information provided by Company via Umutcarpet.com and the information provided in Article 5.1 above.

 

• In the event of request for cancellation of the Purchased Product subject to sale after expiration of the Right of Withdrawal period, the Purchase Price shall in no way be refunded.

 

• The Buyer may make the payment of the Purchase Price by credit card, internet banking, EFT or other payment methods to be envisaged by Company via Umutcarpet.com.

 

• The Buyer agrees, declares and undertakes to further confirm the relevant interest rates and information relating to default interest with its bank on account of the fact that the credit sales are made only by the credit cards of the banks, and that the relevant provisions regarding interest and default interest as per the legislations in force will apply under the credit card agreement between the bank and the Buyer.

 

 

 

6. GENERAL PROVISIONS

 

• Upon the Buyer’s pressing of the “purchase” or “add to cart” button, the relevant product will be automatically added into the shopping cart section included on the Umutcarpet.com.

 

• Product sale will occur only upon the payment’s being successfully recorded by … and notification to the Buyer of the respect that the sale has been implemented Umutcarpet.com.

 

• Company is the owner and/or license holder of the intellectual and industrial property rights of and pertaining to all information and materials including but not limited to the contents, graphics, user interfaces, commands, technical data presented in electronic, graphic or machine readable form, applied sales systems, work methods and business models, particularly the general view and design of the Umutcarpet.com as well as all information, pictures, brands, logos, icons, source codes, data codes, database and within the software and system and their developed versions on the internet site (“Protected Property”). Without express written consent of Company, the Protected Property may not be copied, processed or reverse engineered; all or any part of their original and/or processable form may not be directly or indirectly reproduced; they may not be in any form or method disseminated; they may not be utilized through performing in public places directly or by means used for transmission of sign, sound or picture; they may not be used, communicated to the public and made available to the access of third parties in digital environments and/or mobile instruments; they may not be recorded to instruments used for conveying data; they may not be used in any visual-audio work and communicated to the public by instruments used for conveying sign-sound and/or image or by retransmission, they may not be reproduced, exhibited, changed, adapted or translated. If the Buyer is found to have violated this Article 6.3 based on Company’s discretion, Company may immediately cease the Buyer’s utilization of the Services and terminate the Contract without requirement for any compensation. The right of Company to take any civil and penal action in terms of intellectual and industrial rights, including collection of all interests and accessories of any pecuniary and moral damages, is reserved.

 

• The buyer declares that the buyer has read the preliminary information about the basic characteristics about the products, the purchase price and the purchase method and the delivery information on the Umutcarpet.com and has given the necessary confirmation electronically.

 

• People under the age of 18 not allowed to buy products from the Umutcarpet.com.

 

• Orders that are not transferred within … days will be canceled.

   Formun Üstü

 

• Company is not responsible for Purchase Price inaccuracies caused by typos and system errors.

 

7. RIGHT OF WITHDRAWAL

 

• The Buyer has the Right of Withdrawal within fourteen (14) days starting from the date of execution of this Contract, without indicating any reason. If an invoice has been sent by Company, such invoice must be presented.

 

• In the case that the Product is started to be used by the Buyer and the product has became non-refundable before expiration of the Right of Withdrawal period, namely fourteen (14) days, the Right of Withdrawal may not be exercised..

 

• Regarding the Product, if the relevant Product has not been used after the Contract is accepted by the Buyer, the Buyer may communicate its request for Right of Withdrawal by the written notice prepared based on the Sample Withdrawal Form included in ANNEX-1 regarding the exercise of the Right of Withdrawal via the Umutcarpet.com.

 

• In the case that this right is exercised, the Purchase Price received within fourteen (14) days starting from Company’s receipt of the withdrawal notice shall be refunded to the Buyer. For the avoidance of doubt, in the event of communication of withdrawal notice after fourteen (14) days which is the Right of Withdrawal period, the Purchase Price shall in no way be refunded.

 

• The Right of Withdrawal period, namely fourteen (14) days, starts on the day which the Buyer confirms the Contract.

 

• For the avoidance of doubt, by executing this Contract, the Buyer agrees and declares that Company has informed the Buyer in respect of the Right of Withdrawal.

 

8. FORCE MAJEURE

 

If rebellion, embargo, state intervention, riot, invasion, warfare, mobilization, employee-employer disputes including strikes, lockouts, labor actions or boycotts, cyber-attacks, communication issues, infrastructure and internet failures, system improvement or renovation operations and failures emerging in consequence thereof, power outage, fire, explosion, storm, flood, earthquake, immigration, epidemic or other natural disasters or other events that occur outside the control of the Parties, not originating from their faults and cannot be reasonably foreseen (“Force Majeure”) hinder or delay the Parties’ performance of their obligations arising from this Contract, the Parties may not be held liable for their obligations hindered or delayed due to Force Majeure, and this circumstance may not be deemed a breach of this Contract.

 

 

9. EVIDENTIAL CONTRACT

In the disputes which may arise from this Contract, Company’s official books and commercial records as well as the electronic data and computer records stored at its own database, servers shall constitute binding, final and exclusive evidence, and this article qualifies as an evidential contract for the purposes of Article 193 of the Code of Civil Procedure numbered 6100. Company shall keep the information and documents pertaining to each transaction related to the Right of Withdrawal, provision of information, delivery and its obligations in other respects for three (3) years.

10. ENTIRE AGREEMENT

 

This Contract and all documents submitted as part of this Contract or in connection with this Contract or included in this Contract by reference, constitute and contain the entire agreement between the Parties in respect of the subject matter of this Contract, and they supersede all agreements, arrangements and agreements made between the Parties on the subject of the Contract. The parties accept and declare that there is no other oral or written agreement regulating this matter.

 

11. SEVERABILITY

 

If any provision of this Contract in any way is or becomes legally void or ineffective, the validity, legitimacy and enforceability of the remaining provisions of this Contract shall not be impaired in consequence thereof and these provisions shall continue to apply in exactly the same way.

 

12. DISPUTES

 

• The Buyer may communicate its claims and complaints through the channels as Company’s contact details are provided above.

 

• Turkish Law shall apply to the disputes arising from this Contract.

 

• In the resolution of the disputes in relation to implementation of the Contract, the Consumer Arbitration Committees and the Consumer Courts in the locale where the Buyer purchases the Service or the Buyer’s residence is situated have jurisdiction, based on the monetary limits designated in the Consumer Protection Law numbered 6502. Pursuant to the lower and upper limits designated in the 1^st paragraph of Article 68 of the Consumer Protection Law numbered 6502, the district/provincial consumer committees in Turkey have jurisdiction over the consumer claims.

 

 

 

 

 

13. ENFORCEMENT

 

Each article of this Contract consisting of thirteen (13) articles and one (1) annex has been read and understood by the Buyer. This Contract shall take effect on the date confirmed by the Buyer.

 

 

 

ANNEX-1

SAMPLE WITHDRAWAL FORM