If you do not agree to each and all of these terms and conditions, please do not use the website.
1. PARTIES
WEB SITE OWNER / TURSOY
Name-Surname/ Adress: Tursoy Otelcilik ve Turizm Yatırımları A.Ş.
Tel: +90 264 582 21 00
E-mail:[email protected]
BUYER/MEMBER/VISITOR
Name-Surname:
Adress:
Tel:
E-mail:
2. DEFINITIONS:
USER:The consumer, for whom a CERTIFICATE is purchased on behalf of or in favor of it, will be referred to as the USER.
BUYER/MEMBER:Natural and / or legal persons who benefit from the services offered on the website under the conditions specified in this contract.
VISITOR:A person who visits the website with or without purchasing a service.
Agreement:It refers to the hereby Website Usage Agreement to be concluded electronically over the website between the parties. This Agreement regulates the use of the website located at www.richmondnua.com.
Distant Sales Agreement:It refers to the Contract concluded electronically following the confirmation of the Preliminary Information Form on the Website for the CERTIFICATE sale between TURSOY and the BUYER.
CERTIFICATE:refers to the CERTIFICATE either delivered in PDF format to the e-mail address notified by the BUYER while performing transaction of purchasing in the web site or delivered in printed form to the delivery address notified depending on the preference, in order to be able to purchase all or one of the services as;
- Massage & Care services,
- Daily use of "Wet Areas" (jet showers, steam rooms, sauna, ice room, relaxation rooms, Turkish bath) services,
- Accommodation Spa Programs and Wellness Programs services,
via the web site as gift certificate after purchasing of the same by the BUYER to the benefit of himself/herself or the USER to be used within the period specified in the Preliminary Information Form and this Agreement and under the conditions specified and confirming the Preliminary Information Form for this transaction and then approving the Distant Sales Agreement and making payment for this transaction.
3. SUBJECT AND SCOPE
Subject and scope of this Agreement; It consists of arranging the terms of use of the Website and the rights and obligations of the Parties in order to offer CERTIFICATE to Visitors through the website www.richmondnua.com owned by TURSOY and to ensure that the Visitors can benefit from these activities and to purchase CERTIFICATES.
4. CONDITIONS
4.1. BUYER'S DECLARATIONS AND COMMITMENTS
The BUYER Ackowledges and accepts, declares, undertakes that;
4.1.1. For the transaction related to the purchase of the CERTIFICATE, the Distance Sales Agreement, which has been approved electronically on the Website and concluded with TURSOY, will be applied, and that this Agreement covers only the Website usage conditions,
4.1.2. The terms and conditions of banking remittance are valid in the transaction made in order to purchase a CERTIFICATE on the Website and that the necessary steps directed to the Website must be taken in order to deliver the CERTIFICATE to him/her.
4.1.3. This Agreement must be approved and the information requested on the relevant pages must be filled with accurate and up-to-date information in order to purchase a CERTIFICATE within the site,
4.1.4. The BUYER, must be over 18 (eighteen) years of age to be able to purchase a CERTIFICATE on the Site and that the BUYER who does not provide accurate and up-to-date information to the Website is personally responsible for all damages that may arise for this reason, when purchasing CERTIFICATE on the Website. TURSOY has no legal obligations, if the balance in the bank records is not sufficent and transmission is not taking place or that the payment for CERTIFICATE fee is incomplete, the payment is canceled for a reason on the Website and / or the payment transaction is canceled due to other reasons,
4.1.5. As it will be informed through the Distance Sales Contract approved on the website; CERTIFICATES are valid for 1 year from the date of sale and they will not make any rights or demands upon the completion of this period,
4.1.6. The CERTIFICATES obtained through the website cannot be sold to third parties, cannot be transferred, and if this situation is determined by any of the Parties, the resold CERTIFICATE may be canceled and they cannot claim any rights,
4.1.7. The responsibility of keeping the CERTIFICATES obtained through the website belongs to the BUYER, TURSOY will not be responsible for the results that occur if the CERTIFICATE is stolen, deleted, lost or used by third parties without their knowledge, in this sense it is solely responsible and any rights can not make a request,
4.1.8. He/She is legally authorized to make reservation and / or make purchases for him/herself or for another person ie the USER and act on behalf of them. This Site may only be used to make legal reservations and payments; Cannot be used for other purposes, including but not limited to making reservations on the anticipation of fictitious, false or fraudulent reservations or requests,
4.1.9. Only guests aged 14 and over are admitted to the hotel on a daily or accommodation basis.
If TURSOY detects that a BUYER has carried out fraudulent or improper transactions, or if it is revealed that the reservation contains an error or resulted from an error, TURSOY reserves the right to cancel the reservation if it is determined that it was made as a result of an attempt to violate TURSOY or hotel policies, terms or conditions.
4.2. TURSOY’S DECLARATIONS AND COMMITMENTS
4.2.1. TURSOY does not have any commitment while providing the necessary technical support for the CERTIFICATE sold in the Website to be accessed by the BUYER at the right time, securely and without any error.
4.2.2. TURSOY reserves the right to change website’s usage. In this context, it can convert transactions that do not require membership to require membership, offer additional services, change or remove some services partially or completely. TURSOY can convert the services it currently offers free of charge to be paid.
4.2.3. TURSOY may temporarily suspend the operation of the Website, perform technical maintenance, repair, update or completely stop the Website at any time without any justification and without prior notice. Due to the temporary suspension or complete cessation of the Website, TURSOY does not have any responsibility towards the BUYER or third parties, in this case, the visitor status will end and the BUYERS accept, declare and undertake that the conditions concluded between the parties will continue to apply in terms of rights and receivables arising within the scope of the Distance Sales Agreement.
4.2.4. This certificate can not be advertised or promoted in any way. If any of the rules written in the certificate are not followed, the certificate becomes invalid, without prejudice to In this case, the refund of the certificate fee and the deduction of the compensation cannot be requested.
4.2.5. If the USER wants to cancel his reservation for any reason, he must notify the hotel at least 48 hours before the check-in date. Otherwise, the certificate subject is deemed to have been served and the certificate loses its validity.
4.2.6. Questions and requests regarding the use of the website sent to TURSOY by visitors via [email protected] will be met by TURSOY as soon as possible.
4.3. GENERAL TERMS AND CONDITIONS
4.3.1. The BUYER/ VISITOR, while concluding this Agreement electronically, accepts and undertakes that He reads, understands and is bound by these terms and that it will comply with both these conditions and all applicable laws, regulations and other legislation related to the Website, he will not engage in acts that threaten to violate the rights of third parties and will prevent Website functionality in all transactions to be carried out on the Website. Otherwise, the BUYER/ VISITOR accepts, declares and undertakes that he is personally responsible for any request to be directed to TURSOY due to the behavior of the BUYER/VISITOR, and is obliged to pay TURSOY's payments to TURSOY in cash and at once upon the first request, regardless the type of aforementioned request.
4.3.2. The BUYER/VISITOR accepts that if the BUYER/VISITOR violates the terms and conditions of this Agreement and the obligations it has declared and undertaken, TURSOY may cancel the use of the site, prevent it from using the Website in the future, and / or pursue legal action or proceedings against it.
4.3.3. The website may contain links or references to other websites that are not under TURSOY control. TURSOY is not responsible for the content of these sites or any other links they contain.
4.3.4. The BUYER/VISITOR accept, declare and undertake that they will not use it website in a way that is against the law and morality, especially in the following cases:
- To use the website for the purpose of creating a database, record or directory on behalf of any person
- To use the website as whole or a partial for the purpose of breaking, changing or reverse engineering,
- Creating unreal accounts by using false or misleading personal data, including false or misleading address, e-mail address, contact, payment or account information, and making transactions using false information or another person's information, and use these accounts as a faul or breach of the agreement; use of another buyers account without permission, being a party or participant in transactions by substituting another person's place or under a wrong name,
- Spread of a virus or any other technology that is damaging to the database or any content on the website,
- Collecting any information, including the electronic mail addresses of the other Party through the website, without the consent of the relevant people or performing other practices that would constitute a violation in accordance with the Law No. 6698 The Protection of Personal Data,
- Engaging in activities that will create unreasonable or disproportionately large uploads or damage technical operation on communications and technical systems determined by the Website, automatic programs, robots, web crawlers, spiders, data mining (data mining) on the Website without the prior written consent of TURSOY thereafter use of "screen scraping" software or systems such as data scanning (data crawling), and the unauthorized copying, publication or use of all or part of any content on the Website,
- Use of the campaigns and advantages ON CERTIFICATE sale / purchase on the website for malicious and unfair benefit offered, bad faith violation of the campaign terms,
- The BUYER/VISITOR is obliged to carry out the transactions made on the Website in a way that will not technically cause any damage. The BUYER/VISITOR shall ensure that all information, content, materials and other content to be provided to the Website are not subject to any programs, viruses, software, unlicensed goods, trojan horses etc. It accepts and undertakes that it takes all necessary measures, including the use of protective software and licensed goods, to prevent it from being included. The BUYER/VISITOR also accepts that he will not enter the related pages by robot or automatic entry methods.
5. CONFIDENTIALITY A PROTECTION OF PERSONAL DATA
5.1. TURSOY attaches importance to the processing, security and protection of the personal data provided to the BUYER through the Website in order to benefit from the services offered on the Website, in accordance with all kinds of legislation, including the Law No. 6698 Protection of Personal Data.
5.2. Personal data transmitted by the BUYER within the scope of the Website can be collected, used, transferred and processed in other ways in accordance with the Privacy Policy, Personal Data Protection Policy and Cookie Clarification Text directed on the Website. BUYERS/VISITORS confirm that they have obtained information about the Clarification Text electronically approved and the Explicit Consent Statement, if required, via the Website. The BUYER/VISITOR can always review the policies and directions on www.richmondnua.com to learn more about the conditions and rights regarding the use of their personal data, by sending an e-mail to TURSOY's address [email protected] or It understands that it can use other methods specified in the Personal Data Application Form Form on the website.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All rights related to the intellectual and industrial property subject to the contract are protected by the Law No. 5846 on Intellectual and Artistic Works, the Law No. 6769 Industrial Property, the Law No. 6102 Turkish Commercial Code and other copyright laws and international copyright agreements and other intellectual property laws and conventions.
6.2. The design, software of the Website and all kinds of outputs subject to intellectual property regarding the Website, without limitation, "processing" in Article 21, "reproduction" in Article 22, "dissemination" in Article 23, "representation" in Article 24, "transmission to the public by means of signal, sound and / or image transmission" in Article 25 of the Law No. 5846 on Intellectual and Artistic Works, rights and financial rights and moral rights in connection with these belong to TURSOY.
6.3. BUYER/VISITOR, shall not use the photos, texts, database files and any other items subject to intellectual property accessed under this Agreement; Without prior permission, it cannot change, use, share, distribute, copy, process, exhibit, reproduce or make works derived from these, or convert them into licenses. The whole or a part of the website cannot be used on another website without permission. All other rights of TURSOY that are not clearly stated here are reserved.
6.4. The BUYER/VISITOR agrees, declares and undertakes that it will not take any action that will prejudice the intellectual and industrial property rights under this article and, if found, to compensate for any damage in the first request.
6.5. The terms and conditions set out in this article will continue to remain in effect as an independent undertaking even if the Contract terminates for any reason.
7. REVISION OF THE AGREEMENT
7.1. At its sole discretion, TURSOY, at any time TURSOY deems appropriate may change it unilaterally by announcing it on the Website, including the Privacy Policy, Personal Data Protection Policy and Cookie Clarification Text on this Agreement and the website, with a context that it is not contrary with any law. For the avoidance of doubt, this Agreement cannot be changed unilaterally by the BUYER/VISITOR.
7.2. TURSOY will publish updated documents with an accessible link on the Website in case of changes in the policies. Renewed updated documents will be valid from the moment they are published and all existing or new BUYERS/VISITORS will be subject to updated terms. If the renewed documents require acceptance and are not accepted by the BUYER/VISITOR, TURSOY is authorized to terminate the use.
8. FORCE MAJEURE
PANDEMIC, riots, embargo, government intervention, riot, occupation, war, mobilization, strikes, lockouts, employee-employer disputes, including business actions or boycotts, cyber attack, communication problems, infrastructure and internet failures, system-related improvement or innovation operations and malfunctions that may occur due to this reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other events outside the control of TURSOY, not caused by its fault and that cannot be reasonably predicted ("Force Majeure") If it prevents or delays the fulfillment of its obligations arising from the Contract, TURSOY cannot be held responsible for its obligations prevented or delayed as a result of Force Majeure and this situation cannot be considered as a violation of this Contract.
9. PERIOD AND TERMINATION
9.1. The Agreement is valid as of the date it is approved by the Parties in electronic environment, as long as the activities continue and in any case, until the obligation of all open CERTIFICATES within the scope of the Distant Sales Contracts concluded on the Website by the Parties.
9.2. The parties can terminate the Agreement at any time unilaterally and without compensation. In the event of such termination, the Parties shall fully mutually fulfill their rights and obligations arising until the termination date. In case of terminatio, the use of the Website should be stopped immediately.
9.3. If the BUYER/VISITOR does not comply with the provisions of this Agreement and the policies specified in the Website, or if the BUYER/VISITOR is in violation of the personal and commercial rights of third parties or is in violation of this Agreement, or the TURSOY detects that the BUYER/VISITOR violates any article of this Agreement. or in case of reasonable doubt regarding this, TURSOY has the right to temporarily or permanently suspend, terminate or sue and pursue the use.
10. MISCELLANEOUS
10.1. Evidential Contract: The BUYER accepts that In case of disputes that may arise from this Agreement, the official books and commercial records of TURSOY and e-archive records kept in TURSOY's database, servers, electronic information, electronic correspondence and computer records, in terms of bank payment transactions, the bank records that mediate the payment will constitute conclusive and exclusive evidence and that this article is an evidential contract within the meaning of Law No 6100 Code of Civil Procedure Article 193.
10.2. Govern Law and Dispute Resolution: This Agreement shall be governed by the law of Republic of Turkey exclusively. Dispute arising from Consumers shall be resolute in accordance with the Consumer Protection Law numbered 6502 by the Consumer Arbitration Committees or Consumer Courts and Istanbul (Çağlayan) Courts and Execution Directorates will be authorized for any other disputes arising from or related to this Agreement.
10.3. Severability: This Agreement constitutes the entire agreement between the Parties on the subject. If any term or provision of this Agreement is determined to be illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent necessary to make such or this Agreement legal, valid or otherwise enforceable, such term or provision will be limited, construed or severed and deleted from this agreement, and remaining portion of such term or provision and the remaining other terms and provisions hereof shall survive, remain in full force and effect and continue to be binding, and will be interpreted to give effect to the intention of the Parties hereto insofar as that is possible.
10.4. Transfer of the Agreement: The BUYER/VISITOR cannot transfer or assign their rights or obligations in this Agreement, as whole or partial, and the BUYER/VISITOR accepts, declares and undertakes that TURSOY may transfer his rights and obligations arising from this Agreement according to Law No 205 of the Turkish Code of Obligations to third persons or persons, and approve this transfer in advance.
10.5. Amendment and Waiver: The absence of any of the parties to exercise or to use any right granted to it in the Agreement shall not interpret as he has waived or prevent the subsequent use or execution of the right.
11. FINAL PROVISION
This Agreement, which consists of 11 (eleven) main articles, has been signed and entered into force on the date of its approval in electronic environment by the BUYER/VISITOR by reading and fully understood each provision.
WEBSITE OWNER COMPANY: TURSOY OTELCİLİK VE TURİZM YATIRIMLARI A.Ş.
BUYER/VISITOR:
DATE:
SELLER
Trade Name: Tursoy Otelcilik and Turizm Yatırımları A.Ş
Address: Rüstempaşa Mah. Kumbaz Cad. No.8 54600 Sapanca / Sakarya Turkey
Telephone: +90 264 582 21 00
Seller’s Mersis No: 0871005355000015
Seller’s E-Mail Address: [email protected]
The Courier Company To Which the Purchaser Shall Send the Commodity to the Seller In The Case Of Return: Aras Kargo
BUYER
Name and Surname:
Delivery Address:
Telephone:
E-Mail:
The consumer for and on behalf of whom or to the benefit of whom services are purchased among the services that the SELLER offers within the scope of the CERTIFICATE shall be referred to the USER.
1. SUBJECT
The subject of this Preliminary Information Form is informing the BUYER with the sales and delivery of the Gift Certificate (the “CERTIFICATE”) and the service, which is the subject matter of this CERTIFICATE, the qualities and sales price of which are specified below in accordance with the provisions of the Consumer Protection Law numbered 6502 (the “Law”) and the Regulation on Distant Contracts (“Regulation”). By accepting this preliminary information form, the BUYER accepts in advance that if he/she confirms the order, he/she will be under the obligation to pay the price of order and if any, shipping fee, tax, and that he/she has been informed thereof before the establishment of the distance sales agreement.
The CERTIFICATE refers that to the CERTIFICATE either delivered in PDF format to the e-mail address notified by the BUYER while performing transaction of purchasing in the web site or delivered in printed form to the delivery address notified depending on the preference, in order to be able to purchase all or one of the services which the SELLER offers as;
- Massage & Care,
- A Day-Long "Wet Areas" use (jet showers, sweat rooms, sauna, ice room, rest rooms, Turkish bath),
- Spa Programs with Accommodation and Wellness Programs,
- Restaurant services,
via the web site as gift certificate after purchasing of the same by the BUYER to the benefit of the USER to be used within the period specified in this Preliminary Information Form and the Distant Sales Agreement and under the conditions specified and confirming the Preliminary Information Form for this transaction and then approving the Contract and making payment for this transaction.
2. THE BASIC QUALITIES AND THE PRICE OF CERTIFICATE WHICH IS THE SUBJECT MATTER OF THE CONTRACT AND THE SERVICE WHICH IS THE SUBJECT MATTER OF THE CERTIFICATE
2.1. CERTIFICATE DETAILS;
The CERTIFICATE received electronically and the form, conditions, sales price, method of payment, ship-to person, USER details, delivery address, invoice details, shipping cost of the service that is subject to the CERTIFICATE are as follows.
Service Name:
Certificate Code:
Piece:
Seller’s Trade Name: Tursoy Otelcilik ve Turizm Yatırımları A.Ş.
Unit Price Excluding VAT:
Total Amount Including VAT:
Amount of Total Sales:
Method and Plan of Payment:
Shipping Cost: The shipping cost of the CERTIFICATE purchased shall be borne by the SELLER.
- The prices listed and announced on the site are the sales price. The prices and promises announced are valid till they are updated and changed. On the other hand, the prices given for a specific period are valid till the end of the period.
- Above you can find the information on with how many installments the order sum to be delivered to your bank shall be paid in the case it is paid in installments. Your bank may organize campaigns and apply any number of installments higher than the number of installments that you may choose or offer services such as postponement of installments. Such campaigns are in the initiative of your bank and information on the campaigns is given in our pages if our company is informed about them.
- The order sum shall be divided into the number of installments as of the statement date of your credit card and shall be reflected to the abstract of credit card by your bank. The bank may not distribute the installment amounts equally considering the fractions differences. Creation of your detailed payment plan is in the initiative of your bank.
2.2. DETAILS OF THE SERVICE WHICH IS THE SUBJECT MATTER OF THE CERTIFICATE;
are
Name of the Service Which Is the Subject Matter of the Certificate:
The Service Code Which Is the Subject Matter of the Certificate:
Names of the Persons Who Will Use the Service Which Is the Subject Matter of the Certificate:
Address/E-mail Address to Which the Service Which Is the Subject Matter of the Certificate Shall Be Delivered.
The BUYER agrees and declares that it has purchased after receiving any information on the facility and the service from which service shall be purchased within the scope of the contract from the web addresses of the SELLER and/or from the sales representatives of the SELLER, performing all necessary examinations and reading.
In the case that the service of accommodation selected among the services, which are the subject matter of the CERTIFICATE, is valid for service is the number of overnight stays. The first night of accommodation is deemed to be the first day and the first night. Failure of the USER to benefit from the sunlight due to the delays of the transportation vehicles for reasons of force majeure or the delays of the airway company is not under the SELLER’S responsibility. In the case of any loss of any luggage, precious object or similar loss that could occur in the facility where the USER accommodates, it is the USER’S responsibility to have the necessary minutes kept by the concerned law enforcement officers. The SELLER may not be held responsible for this and similar situations.
The BUYER should provide the requested information on the USER while purchasing the CERTIFICATE in conformity with the official records and enter the same in the system. Since the BUYER will enter the information of the USER into the system pursuant to this Agreement, the BUYER, as the person sharing this information, accepts that the responsibility for the enlightenment of the USER belongs to him/her. The information given while purchasing the CERTIFICATE shall be used during the registration to be made during checking in the hotel and detection and consequences of non-conformity of the USER’S date of birth with the age limit (age 14) specified in accordance with this contract, inconsistence between personal details and the contract details and that they were false is under the responsibility of the BUYER. The USERS have to pay to the hotel the price difference arising with respect to the additional services that they want to purchase from the hotel out of the scope of the CERTIFICATE offered to them.
The USER agrees that he/she will obey the rules that the SELLER notifies with respect to the service purchased; that he/she will respect life, property and peace of third parties, otherwise that he/she will be removed from the facility and he/she will not be able to purchase/use the service and that he/she is not entitled for return since he/she will not be able to purchase service for reasons which are his/her fault. The SELLER is not responsible for the situations which are the USER’S fault and which are caused by personal responsibilities of third parties.
The CERTIFICATE may not be sold and assigned to 3rd parties. In the case that this situation is detected by any of the Parties, the resold CERTIFICATE shall be cancelled and the BUYER or the USER shall not claim for any rights.
The obligation of preservation of the CERTIFICATES is borne by the USER as of the delivery of the CERTIFICATE per e-mail or delivery of the same to the address specified by the BUYER and if the BUYER wants the CERTIFICATE to be delivered to its own address, it is borne by the BUYER as of the delivery of the same to the address specified by the BUYER. The SELLER shall not be responsible for any consequences arising from theft, deletion, loss of the CERTIFICATE or use of the same in any way by 3rd parties without informing it and in this regard the responsibility shall be borne by the USER in the case that the CERTIFICATE is sent to the USER’S e-mail address or delivered to the delivery address specified by the BUYER and shall be borne by the BUYER as of the delivery of the CERTIFICATE if the BUYER demands the CERTIFICATE to be delivered to its own address and the BUYER and the USER shall not claim for any rights.
When the SELLER detects that the BUYER applies fraud or inappropriate transactions or when it is revealed the booking contains any fault or mistake or arises from the same or when it is determined that it was performed as a consequence of an attempt which would violate the SELLER’S hotel policies, terms or conditions; the SELLER’S right to cancel or amend the booking is reserved.
The CERTIFICATE is valid for 1 (one) year as of the date specified on the certificate which is the date of issue. The user mentioned in the CERTIFICATE should benefit from the service mentioned in the CERTIFICATE within the aforementioned period. Otherwise, the SELLER shall not have any liability with respect to the certificate.
The service mentioned in the CERTIFICATE cannot be used in the New Year’s day and Public Holidays. It may be used out of such periods by the USER through booking on the basis of availability using the abovementioned contact details of the SELLER. Any change of date that the USER may request for after booking are approved depending on availability of the hotel.
If the USER demands to have the booking cancelled for any reason, the USER is required to notify this no later than 48 hours before the date of check-in. Otherwise, the service which is the subject matter of the certificate is deemed to have been provided and the certificate becomes invalid.
The BUYER and the USER agree that guests of the age of 14 and older are accepted to the hotel either for one day or for accommodation.
The USERS whose signatures do not appear in the Preliminary Information Form and in the Contract but whose names are mentioned in the Preliminary Information Form and the Contract and in the name of whom the CERTIFICATE is received are deemed to have agreed that they have authorized the BUYER whose signature appears in the contract to conclude contract for and on behalf of them and the BUYER who signs the Preliminary Information Form and the Contract and they will be deemed to have accepted all conditions of the Preliminary Information Form and the Contract upon signing the Preliminary Information Form and the Contract and that they will exactly obey the conditions of the Preliminary Information Form and the Contract. For this reason, they may not request for cancellation of the Preliminary Information Form and the Contract on the justification that they do not have signatures in the Preliminary Information Form and the Contract. However in the case that they request for cancellation of the Preliminary Information Form and the Contract despite all those facts, the BUYER whose signature appears in the contract shall be responsible for all losses of the SELLER. The BUYER whose signature appears in the Contract declares and agrees that his/her name and the names of the consumers with whom he/she concludes contract are correct and he/she bears the responsibility of any false information provided.
3. PAYMENT AND DELIVERY TIME
You are informed about the following payment and delivery details following your confirmation of this Preliminary Information Form;
The BUYER can make the payment using credit cards, debit cards, Transfer, EFT methods. The BUYER may select the best bank in the opinion of the BUYER for payment through money transfer and make the transfer. If EFT is used, the date of actual transfer of the money to the account shall be taken into consideration. It is necessary that the “Sender Details” are the same as the Invoice Details and the order number is written, while performing Money Transfer and/or EFT. The orders for which money transfer is not made within 1 (one) business day are automatically cancelled by the system. The time for order processing is the moment when the necessary collection is made from the credit card account or when it is determined that the money transfer (or EFT) is actually in the SELLER’S accounts rather than the moment when the order is made.
In the case that the BUYER shall make the payment of its orders to be created via the relevant SELLER web site with credit card by using the virtual POS application in the relevant site, the BUYER has to use the credit cards which have 3D Secure feature of banks and which are available for shopping in the internet.
The relevant web site of the SELLER and the virtual POS application in the site has been designed in the manner that they could run only with bank cards with 3D Secure feature. The BUYER agrees that he/she was informed about the issue through this contract.
The condition for delivery of the CERTIFICATE which is the subject matter of the Contract is payment of this contract price using the payment method which the BUYER prefers. In the case that the product price is not paid for any reason or it is cancelled in the bank records, the SELLER is deemed to have been released from his/her obligation to deliver the product.
In the case that the payment transaction is cancelled since the relevant bank or the finance institution does not pay the product price to the SELLER for any reason including failure of the BUYER to pay the CERTIFICATE price for any reason or the BUYER not having any balance amount in the bank records and unlawful and unjust use of the credit card of the BUYER not because of the BUYER’S fault, the BUYER shall be deemed to have receded from the Contract and the BUYER’S CERTIFICATE and his/her right to acquire the service which is the subject matter of the CERTIFICATE from the SELLER against the CERTIFICATE shall expire and validity of the CERTIFICATE shall be terminated.
Payment obligation shall arise for the CERTIFICATE ordered in the capacity of BUYER following the order. The condition for delivery of the CERTIFICATE is that the BUYER electronically confirms this Preliminary Information Form, the Distant Sales Agreement and then pays the CERTIFICATE price from the payment page.
The CERTIFICATE to be delivered shall be sent after the payment is transferred to the SELLER accounts either in PDF format to the e-mail address specified by the BUYER or per mail to the delivery address notified to the BUYER depending on the preference. In the case that the BUYER wants delivery to be made to any person other than him/her and to any address other than his/her own address, delivery is made on the basis of this request.
The CERTIFICATE shall be delivered by hand to the address and the person(s) specified by the BUYER above by means of the contracted courier company. Even in the case that the person who will take the delivery is not present in his/her address at the moment of delivery, the SELLER shall be deemed to have fulfilled its act fully. For this reason, the SELLER shall not be responsible for any losses and costs arising from any late delivery of the CERTIFICATE to the BUYER and/or failure to take delivery at all.
In the case the shipment information are false or missing for the regions to which the Courier Company makes delivery once a week, the period specified for delivery may extend in the case of certain social events and situations including natural disasters. However, the delivery period shall not in any case exceed the period of 30 (thirty) days from the date of actual delivery of the order to the SELLER. If the CERTIFICATE shall be delivered to any person/entity other than the BUYER, the SELLER cannot be held responsible for any extra shipping prices which could arise from rejection of the delivery by the person/entity to be delivered, false shipment details and/or absence of the receiver. If the service which is the subject matter of the CERTIFICATE becomes impossible to fulfill, the SELLER accepts that it will notify the BUYER in writing within 3 days from the moment of being aware of this situation and return the total price to the BUYER within 14 days.
4. RIGHT OF WITHDRAWAL AND VALIDITY PERIOD
The consumer (BUYER) is entitled to withdraw from the Distant Sales Agreement without indicating any justification or paying any penalty within 14 (fourteen) days provided that the USER has not used the service in the certificate. The period of right of withdrawal starts on the date of establishment of the contract with respect to the contracts for service performance and on the date of delivery of the goods to the consumer or to the third parties assigned by the consumer with respect to the contracts for goods delivery. However the consumer may exercise his/her right of withdrawal within the period from establishment of the contract to the delivery of the goods. The BUYER accepts in advance that he/she has been informed regarding the right of withdrawal by accepting this contract.
In determining the period of the right of withdrawal;
i. The day when the consumer or to the third party assigned by the consumer takes delivery of the last good for the goods which are the subject matter of a single order but delivered separately,
ii. The day when the consumer or to the third party assigned by the consumer takes delivery of the last portion for the goods which are composed of several portions,
iii. The day when the consumer or to the third party assigned by the consumer takes delivery of the first good for the contracts stipulating regular delivery of the good for a specific period of time are taken into consideration.
The CERTIFICATE price is returned to the BUYER within 10 days from the date of delivery of the Consumer (BUYER)’s withdrawal notification to the SELLER.
In order for the consumer (BUYER) to exercise the right of refund (withdrawal), the BUYER must make a written notification within 14 (fourteen) days to the following addresses of the SELLER via registered mail, fax or e-mail.
Address: Rüstempaşa Mah. Kumbaz Cad. No.8 54600 Sapanca / Sakarya Turkey
E-mail: [email protected]
Fax: +90 264 582 21 01
5. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The BUYER may return the Good/Service purchased without undertaking any legal and penal liability and without indicating any justification within 14 (fourteen) days from the delivery date exercising his/her right of withdrawal.
- The products the price of which is determined in the stock exchange or other organized markets cannot be returned.
- The products prepared on the basis of the consumer’s requests or clearly his/her personal needs cannot be returned.
- The products which spoil quickly or the expiration date of which could probably expire cannot be returned.
- The contracts for delivery of the goods the return of which are not proper in terms of health and hygiene among the goods the protective elements including packages, tapes, seals of which are opened after delivery. (Panties, silicon products, accessories, jewelry, cosmetic products and corsets cannot be replaced or returned because of hygiene.)
- The products which are mixed with other products after delivery and cannot be separated by nature cannot be returned.
- The contracts for leisure time activities to be performed on a specific date or in a specific period, performed for the purposes of accommodation, moving, car renting, catering and entertainment and resting.
- Exercise of the right of withdrawal for the following products depend on the condition that the package of the product is not opened, disrupted and the product is not used:
- The products the return of which are not proper in terms of health and hygiene among the goods the protective elements including packages, tapes, seals of which are opened after delivery (cosmetic products, headsets etc.) are not accepted when they are returned.
6. VALIDITY
This Preliminary Information Form shall be put into force after being read and accepted by the Purchaser in the electronic media.
7. RESOLUTION OF DISPUTES
In the case that you have any complaint about your order and/or the service which is the subject matter of the order and/or any issue related to the order; you can forward your complaints to the SELLER using the abovementioned contact details or the contact details specified in www.richmondnua.com internet site. Your applications for complaint shall promptly be included in the records and they will be assessed by authorized units and actions shall be taken for settlement of the same and your will be contacted as soon as possible.
Furthermore the BUYER may apply for complaints and objections to the consumer arbitration committee or to the consumer court, in the place of residence or at the place where the goods or services are purchased within the monetary limits determined by the Ministry of Commerce in December every year.
8. FINAL PROVISIONS
In the case it is suspected or detected that the documents and information given with respect to the order are missing, counterfeit and/or false or the order was made maliciously and/or for the purpose of earning money, he/she reserves the right to cease and/or cancel the order application at any time to have the necessary examinations performed provided to inform the BUYER. In the case of cancellation the process of return could be performed for payment again provided to be notified to the BUYER.
The BUYER agrees, undertakes and declares the he/she read the Preliminary Information and was informed and gave the necessary confirmation in the electronic media in accordance with paragraph 2 of Article 48 of the Law numbered 6502 and articles 5 and 6 of the Regulation of Distant Contracts.
I confirm that I acquired the preliminary information specified in this Preliminary Information Form.
Date of Approval:
IP Address:
SELLER
Trade Name: Tursoy Otelcilik and Turizm Yatırımları A.Ş
Address: Rüstempaşa Mah. Kumbaz Cad. No.8 54600 Sapanca / Sakarya Turkey
Telephone: +90 264 582 21 00
Seller’s Mersis No: 0871005355000015
Seller’s E-Mail Address: [email protected]
The Courier Company To Which the Purchaser Shall Send the Commodity to the Seller In The Case Of Return: Aras Kargo
BUYER
Name and Surname:
Company Name:
Address:
Telephone:
E-mail:
1. PARTIES
This Agreement has been signed by and between the following parties under the following terms and conditions.
SELLER
Trade Name: Tursoy Otelcilik and Turizm Yatırımları A.Ş
Address: Rüstempaşa Mah. Kumbaz Cad. No.8 54600 Sapanca / Sakarya Turkey
Telephone: +90 264 582 21 00
Seller’s Mersis No: 0871005355000015
Seller’s E-Mail Address: [email protected]
The Courier Company To Which the Purchaser Shall Send the Commodity to the Seller In The Case Of Return: Aras Kargo
PURCHASER
Name and Surname:
Delivery Address:
Telephone:
E-Mail:
2. SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Distant Sales Agreement is detecting the rights and obligations of the parties with respect to the sales and delivery of the Gift Certificate (the “CERTIFICATE”) and the service which is the subject matter of this CERTIFICATE, which are ordered electronically from www.richmondnua.com internet site of the PURCHASER and the qualities and sales price of which are specified below in accordance with the provisions of the Consumer Protection Law numbered 6502, the Regulation on Distant Contracts and other relevant legislation. The provisions of the Law of Liabilities and the Turkish Commercial Code shall be applicable to the PURCHASERS who are not deemed consumer.
The CERTIFICATE refers to the CERTIFICATE either delivered in PDF format to the e-mail address notified by the PURCHASER while performing transaction of purchasing in the web site or delivered in printed form to the delivery address notified depending on the preference, in order to be able to purchase all or one of the services which the SELLER offers as;
- Massage & Care,
- A Day-Long "Wet Areas" use (jet showers, sweat rooms, sauna, ice room, rest rooms, Turkish bath),
- Spa Programs with Accommodation and Wellness Programs,
- Restaurant services,
via the web site as gift certificate after purchasing of the same by the PURCHASER to the benefit of the USER to be used within the period specified in the Preliminary Information Form and this Agreement and under the conditions specified and confirming the Preliminary Information Form for this transaction and then approving the Agreement and making payment for this transaction.
3. THE BASIC QUALITIES AND THE PRICE OF THE CERTIFICATE WHICH IS THE SUBJECT MATTER OF THE AGREEMENT AND THE SERVICE WHICH IS THE SUBJECT MATTER OF THE CERTIFICATE
3.1. CERTIFICATE DETAILS;
The form of the CERTIFICATE received electronically and the service which is the subject matter of the CERTIFICATE, the relevant conditions, sales price, method of payment, the person who will take the delivery, USER details, delivery address, invoice details, shipping cost are as follows.
Service Name:
Certificate Code:
Quantity in Pieces:
Seller’s Trade Name:Tursoy Otelcilik ve Turizm Yatırımları A.Ş.
Unit Price Excluding VAT:
Total Amount Including VAT:
Total Sales Amount:
Payment Method and Plan:
Shipping Cost:The shipping cost of the CERTIFICATE purchased shall be borne by the SELLER.
- The prices listed and announced in the site are the sales price. The prices and promises announced are valid till they are updated and changed. On the other hand, the prices given for a specific period are valid till the end of the period.
- Above you can find the information on with how many installments the order sum to be delivered to your bank shall be paid in the case it is paid in installments. Your bank may organize campaigns and apply any number of installments higher than the number of installments that you may choose or offer services such as postponement of installments. Such campaigns are in the initiative of your bank and information on the campaigns is given in our pages if our company is informed about them.
- The order sum shall be divided into the number of installments as of the statement date of your credit card and shall be reflected to the abstract of credit card by your bank. The bank may not distribute the installment amounts equally considering the fractions differences. Creation of your detailed payment plan is in the initiative of your bank.
3.2. DETAILS OF THE SERVICE WHICH IS THE SUBJECT MATTER OF THE CERTIFICATE;
Name of the Service Which Is the Subject Matter of the Certificate:
Code of the Service Which Is the Subject Matter of the Certificate:
Names of the Persons Who Will Use the Service Which Is the Subject Matter of the Certificate:
Address/E-mail Address to Which the Service Which Is the Subject Matter of the Certificate Shall Be Delivered.
The PURCHASER accepts and declares that it has purchased after receiving any information on the facility and the service from which service shall be purchased within the scope of the Agreement from the web addresses of the SELLER and/or from the sales representatives of the SELLER, performing all necessary examinations and reading.
In the case that the service of accommodation is selected among the services which are the subject matter of the CERTIFICATE, what is valid for service is the number of overnight stays. The first night of accommodation is deemed to be the first day and the first night. Failure of the USER to benefit from the sunlight because of delays of the transportation vehicles for reasons of force majeure or the delays of the airway company is not under the SELLER’S responsibility. In the case of loss of any luggage, precious object or similar loss that could occur in the facility where the USER accommodates, it is the USER’S responsibility to have the necessary minutes kept by the concerned law enforcement officers. The SELLER cannot be held responsible for this and similar situations.
The PURCHASER should provide the requested information on the USER while purchasing the CERTIFICATE in conformity with the official records and enter the same in the system. Since the PURCHASER will enter the information of the USER into the system pursuant to this Agreement, the PURCHASER, as the person sharing this information, accepts that the responsibility for the enlightenment of the USER belongs to him/her. The information given while purchasing the CERTIFICATE shall be used during the registration to be made during checking in the hotel and detection and consequences of non-conformity of the USER’s date of birth with the age limit (14) specified in accordance with this Agreement, inconsistence between personal details and the Agreement details and that they were false is under the responsibility of the PURCHASER. The USERS have to pay to the hotel the price difference arising with respect to the additional services that they want to purchase from the hotel out of the scope of the CERTIFICATE offered to them.
The USER accepts that he/she will obey the rules that the SELLER notifies with respect to the service purchased; that he/she will respect life, property and peace of third parties, otherwise that he/she will be removed from the facility and he/she will not be able to purchase/use the service and that he/she is not entitled for return since he/she will not be able to purchase service for reasons which are his/her fault. The SELLER is not responsible for the situations which are the USER’S fault and which are caused by personal responsibilities of third parties.
The CERTIFICATE cannot be sold and assigned to 3rd parties. In the case that this situation is detected by any of the Parties, the resold CERTIFICATE shall be cancelled and the PURCHASER or the USER shall not claim for any rights.
The obligation of preservation of the CERTIFICATES is borne by the USER as of the delivery of the CERTIFICATE per e-mail or delivery of the same to the address specified by the PURCHASER and if the PURCHASER wants the CERTIFICATE to be delivered to its own address, it is borne by the PURCHASER as of the delivery of the same to the address specified by the PURCHASER. The SELLER shall not be responsible for any consequences arising from theft, deletion, loss of the CERTIFICATE or use of the same in any way by 3rd parties without informing it and in this regard the responsibility shall be borne by the USER in the case that the CERTIFICATE is sent to the USER’S e-mail address or delivered to the delivery address specified by the PURCHASER and shall be borne by the PURCHASER as of the delivery of the CERTIFICATE if the PURCHASER wants the CERTIFICATE to be delivered to its own address and the PURCHASER and the USER shall not claim for any rights.
When the SELLER detects that the PURCHASER applies fraud or inappropriate transactions or when it is revealed the booking contains any fault or mistake or arises from the same or when it Is determined that it was performed as a consequence of an attempt which would violate the SELLER’S hotel policies, terms or conditions; the SELLER’S right to cancel or amend the booking is reserved.
The CERTIFICATE is valid for 1 (one) year as of the date specified on the certificate which is the date of issue. The user mentioned in the CERTIFICATE should benefit from the service mentioned in the CERTIFICATE within the aforementioned period. Otherwise, the SELLER shall not have any liability with respect to the certificate.
The service mentioned in the CERTIFICATE cannot be used in the New Year’s day and Public Holidays. It can be used out of such periods by the USER through booking on the basis of availability using the abovementioned contact details of the SELLER. Any change of date that the USER may request for after booking are approved depending on availability of the hotel.
If the USER wants to have the booking cancelled for any reason, the USER is required to notify this no later than 48 hours before the date of check-in. Otherwise, the service which is the subject matter of the certificate is deemed to have been provided and the certificate becomes invalid.
The PURCHASER and the USER agree that guests of the age of 14 and older are accepted to the hotel either for one day or for accommodation.
The USERS whose signatures do not appear in the Preliminary Information Form and in the Agreement but whose names are mentioned in the Preliminary Information Form and the Agreement and in the name of whom the CERTIFICATE is received are deemed to have agreed that they have authorized the PURCHASER whose signature appears in the Agreement to conclude Agreement for and on behalf of them and the PURCHASER who signs the Preliminary Information Form and the Agreement and they will be deemed to have accepted all conditions of the Preliminary Information Form and the Agreement upon signing the Preliminary Information Form and the Agreement and that they will exactly obey the conditions of the Preliminary Information Form and the Agreement. For this reason, they cannot request for cancellation of the Preliminary Information Form and the Agreement on the justification that they do not have signatures in the Preliminary Information Form and the Agreement. However in the case that they request for cancellation of the Preliminary Information Form and the Agreement despite all those facts, the PURCHASER whose signature appears in the Agreement shall be responsible for all losses of the SELLER. The PURCHASER whose signature appears in the Agreement declares and accepts that his/her name and the names of the consumers with whom he/she concludes Agreement are correct and he/she bears the responsibility of any false information provided.
4. PAYMENT AND DELIVERY METHOD
Delivery Conditions;
Delivery Address:
Persons to be Delivered:
Invoice Address:
The CERTIFICATE to be delivered shall be sent after the payment is transferred to the SELLER accounts either in PDF format to the e-mail address specified by the PURCHASER or per mail to the delivery address notified to the PURCHASER depending on the preference. In the case that the PURCHASER wants delivery to be made to any person other than him/her and to any address other than his/her own address, delivery is made on the basis of this request.
Shipment Fee: It is paid by the Seller.
The SELLER is not obligated to verify the delivery addresses of the PURCHASER. The CERTIFICATE shall be delivered to the address and the person(s) specified in the PURCHASER’S order form and in this Agreement. Even in the case that the PURCHASER or the USER is not present in his/her address at the moment of delivery, the SELLER shall be deemed to have fulfilled its act fully. For this reason, the SELLER shall not be responsible for any losses and costs arising from any late delivery of the CERTIFICATE to the PURCHASER or the USER and/or failure to take delivery at all.
In the case the shipment information are false or missing for the regions to which the Courier Company makes delivery once a week, the period specified for delivery may extend in the case of certain social events and situations including natural disasters. However, the delivery period shall not in any case exceed the period of 30 (thirty) days from the date of actual delivery of the order to the SELLER. If the CERTIFICATE shall be delivered to any person/entity other than the PURCHASER, the SELLER cannot be held responsible for any extra shipping prices which could arise from rejection of the delivery by the person/entity to be delivered, false shipment details and/or absence of the receiver.
The PURCHASER can make the payment using credit cards, debit cards, Transfer, EFT methods. The PURCHASER may select the best bank in the opinion of him/her for payment through money transfer and make the transfer. If EFT is used, the date of actual transfer of the money to the account shall be taken into consideration. It is necessary that the “Sender Details” are the same as the Invoice Details and the order number is written, while performing Money Transfer and/or EFT. The orders for which money transfer is not made within 1 (one) business day are automatically cancelled by the system. The time for order processing is the moment when the necessary collection is made from the credit card account or when it is determined that the money transfer (or EFT) is actually in the SELLER’S accounts rather than the moment when the order is made.
In the case that the PURCHASER shall make the payment of its orders to be created via the relevant SELLER web site with credit card by using the virtual POS application in the relevant site, the PURCHASER has to use the credit cards which have 3D Secure feature of banks and which are available for shopping in the internet.
The relevant web site of the SELLER and the virtual POS application in the site has been designed in the manner that they could run only with bank cards with 3D Secure feature. The PURCHASER accepts that he/she was informed about the issue through this Agreement.
The condition for delivery of the CERTIFICATE which is the subject matter of the Agreement is payment of this Agreement price using the payment method which the PURCHASER prefers. In the case that the product price is not paid for any reason or it is cancelled in the bank records, the SELLER is deemed to have been released from his/her obligation to deliver the product.
In the case that the payment transaction is cancelled since the relevant bank or the finance institution does not pay the product price to the SELLER for any reason including failure of the PURCHASER to pay the CERTIFICATE price for any reason or the PURCHASER not having any balance amount in the bank records and unlawful and unjust use of the credit card of the PURCHASER not because of the PURCHASER’S fault, the PURCHASER shall be deemed to have receded from the Agreement and the PURCHASER’S CERTIFICATE and his/her right to acquire the service which is the subject matter of the CERTIFICATE from the SELLER against the CERTIFICATE shall expire and validity of the CERTIFICATE shall be terminated.
Payment obligation shall arise for the CERTIFICATE ordered in the capacity of PURCHASER following the order. The condition for delivery of the CERTIFICATE is that the PURCHASER electronically confirms the Preliminary Information Form, this Agreement and they pays the CERTIFICATE price from the payment page.
5. AGREEMENT PERIOD
The Agreement date is the date of when the order is made by the PURCHASER.
In the case the delivery cannot be realized within the legal period or the service subject to CERTIFICATE becomes impossible to fulfill because of force majeure, the SELLER shall promptly notify this to the PURCHASER. In this case the PURCHASER may cancel the order or wait until the force majeure event comes to an end. In the case that the SELLER shall not be able to supply the CERTIFICATE and the service which is the subject matter of the CERTIFICATE, the SELLER shall clearly inform the PURCHASER within no later than 3 days from the moment of being aware of this situation and the PURCHASER shall cancel the order. Upon cancellation of the order by the PURCHASER, the SELLER is obligated to return the total price that the PURCHASER paid and any document that obligates him/her to the PURCHASER if any within no later than 14 days to the PURCHASER. In such a case, the PURCHASER shall not have any material and spiritual claim from the SELLER.
6. RETURN
The return procedure to be used in the case that the PURCHASER exercises his/her right of withdrawal or the CERTIFICATE which is the subject matter of the order cannot be supplied for any reason, the service subject to the CERTIFICATE cannot be provided or in the case it is decided to return the price to the PURCHASER with the decision of the arbitration board is indicated as follows:
a) Return Procedure in the Options of Payment with Credit Card
If the shopping was made with credit card and in installments, the Bank pays back to the PURCHASER in installments of the number equal to the number of the installments in which the PURCHASER purchased the CERTIFICATE. In the case the goods and services purchased with card are returned, the SELLER cannot make payment in cash to the PURCHASER in accordance with the Agreement concluded with the Bank. The SELLER shall realize the return by means of the relevant software when any return transaction is in question and no cash payment is made to the PURCHASER in accordance with the procedure. The average process for the bank to reflect the amount returned to the credit card by the SELLER to the PURCHASER's account may take 2 to 3 weeks. Since the reflection of this amount to the accounts of the PURCHASER after the return of this amount to the bank is entirely related to the bank transaction process, the PURCHASER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
The PURCHASER accepts and undertakes that he/she has read and approved this procedure.
b) Return Procedure in the Options of Payments through Money Transfer/EFT
The return shall be made by requesting for the bank details of the PURCHASER through money transfer or EFT to the account specified by the PURCHASER (it is a must that the account is in the name of the person at the address of the invoice or in the name of the user member). The SELLER pays the entire CERTIFICATE price to the bank account lump sum. In the case the goods and services purchased through money transfer/EFT; the SELLER cannot make payment in cash to the PURCHASER in accordance with the Agreement concluded with the Bank. The SELLER shall realize the return by means of the relevant software when any return transaction is in question and no cash payment is made to the PURCHASER in accordance with the abovementioned procedure since the SELLER is obligated to pay the relevant amount to the Bank either in cash or by deduction.
The PURCHASER accepts and undertakes that he/she has read and approved this procedure.
Any products with promotion or campaign given as gift for the CERTIFICATE to be returned should be returned simultaneously as well.
7. RIGHT OF WITHDRAWAL
The consumer (the PURCHASER) is entitled to withdraw from this Distant Sales Agreement without indicating any justification or paying any penalty within 14 (fourteen) days provided that the USER has not used the service in the certificate. The period of right of withdrawal starts on the date of establishment of the Agreement with respect to the Agreements for service performance and on the date of delivery of the goods to the consumer or to the third parties assigned by the consumer with respect to the Agreements for goods delivery. However the consumer may exercise his/her right of withdrawal within the period from establishment of the Agreement to the delivery of the goods. In determining the period of the right of withdrawal;
i. The day when the consumer or to the third party assigned by the consumer takes delivery of the last good for the goods which are the subject matter of a single order but delivered separately,
ii. The day when the consumer or to the third party assigned by the consumer takes delivery of the last portion for the goods which are composed of several portions,
iii. The day when the consumer or to the third party assigned by the consumer takes delivery of the first good for the Agreements stipulating regular delivery of the good for a specific period of time are taken into consideration.
In order for the PURCHASER (consumer) to exercise the right of refund (withdrawal), the PURCHASER must make a written notification within 14 (fourteen) days to the following addresses of the SELLER via registered mail, fax or e-mail.
Address: Rüstempaşa Mah. Kumbaz Cad. No.8 54600 Sapanca / Sakarya Turkey
E-mail: [email protected]
Fax: +90 264 582 21 01
8. SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The PURCHASER can return the Good/Service purchased without undertaking any legal and penal liability and without indicating any justification within 14 (fourteen) days from the delivery date exercising his/her right of withdrawal.
- The products the price of which is determined in the stock exchange or other organized markets cannot be returned.
- The products prepared on the basis of the consumer’s requests or clearly his/her personal needs cannot be returned.
- The products which spoil quickly or the expiration date of which could probably expire cannot be returned.
- The Agreements for delivery of the goods the return of which are not proper in terms of health and hygiene among the goods the protective elements including packages, tapes, seals of which are opened after delivery. (Panties, silicon products, accessories, jewelry, cosmetic products and corsets cannot be replaced or returned because of hygiene.)
- The products which are mixed with other products after delivery and cannot be separated by nature cannot be returned.
- The Agreements for leisure time activities to be performed on a specific date or in a specific period, performed for the purposes of accommodation, moving, car renting, catering and entertainment and resting.
- Exercise of the right of withdrawal for the following products depend on the condition that the package of the product is not opened, disrupted and the product is not used:
- The products the return of which are not proper in terms of health and hygiene among the goods the protective elements including packages, tapes, seals of which are opened after delivery (cosmetic products, headsets etc.) are not accepted when they are returned.
9. CONFIDENTIALITY
9.1 In the case that the PURCHASER makes shopping using a credit card or debit card, the entire responsibility arising from card use shall be borne by the PURCHASER. The SELLER does not assume any responsibility. Identity confirmation could be requested by the SELLER if deemed necessary. In the case that the card used cannot be detected to belong to the PURCHASER, the transaction performed may be cancelled by the site. In the case that unauthorized uses are notified to the site; the order is cancelled and the bank is given instruction for return if it is notified prior to shipment of the order.
9.2 The PARTIES agree, declare and undertake that they are obligated not to share the commercial secrets which they acquire about each other in accordance with this Agreement with 3rd parties and that they will be responsible for the damages that may arise otherwise.
9.3 The PURCHASER declares, accepts and undertakes that the PURCHASER has read and accepted all provisions of this Agreement by signing the Agreement and that this Agreement shall become binding on the PURCHASER in conformity with his/her will and the law.
10. TERMINATION OF THE AGREEMENT
In the case that the Agreement is terminated because of the PURCHASER’S fault, the delivery costs shall be borne by the PURCHASER.
11. NOTICES AND THE EVIDENCE AGREEMENT
All sorts of correspondences to be made by and between the Parties under this Agreement shall be made per e-mail except for the situations listed in the legislation. The PURCHASER accepts, declares and undertakes that the official books and commercial records of the parties as well as the electronic information kept in their own database and servers and the computer records are binding, final and exclusive evidence in the disputes that could arise from this Agreement and this article is of evidence Agreement nature within the meaning of article 193 of the Code of Civil Procedure.
12. RESOLUTION OF DISPUTES
This Agreement was accepted prior to payment is made by the PURCHASER and signed electronically by the parties.
The PURCHASER may apply for complaints and objections to the consumer arbitration committee or to the consumer court, in the place of residence or at the place where the goods or services are purchased within the monetary limits determined by the Ministry of Commerce in December every year. In the case that the order is realized the PURCHASER is deemed to have accepted all conditions of this Agreement.
The PURCHASER accepts and declares that he/she has read all conditions and explanations written in the Order-Agreement Preliminary Information which is available in its Internet Site and in this Agreement and which constitutes an integral part of the Agreement, that he/she had information in advance for all issues including the information with respect to the basic features-qualities, sales price, payment method, delivery conditions of the Service(s) to be sold, all other preliminary information-knowledge related to the Seller and the Product to be sold including personal information, that he/she saw and read all in the Internet Site in electronic media and accepted its content and accepted the provisions of this Agreement upon ordering the CERTIFICATE by giving the relevant confirmation-approval-acceptance-permission again in electronic media and that this acceptance is valid for the orders made using the option of “continue as a guest”.
I have read the Distant Sales Agreement; I agree and approve its content.
SELLER:Tursoy Otelcilik ve Turizm Yatırımları A.Ş.
PURCHASER:
DATE:
Date of Approval:
IP Address: