ORDER-CONTRACT PRELIMINARY INFORMATION

MAMAK KOZMETİK ORDER-CONTRACT 

PRELIMINARY INFORMATION

For the order you place on our e-commerce web site of www.cremadea.com , preliminary Information is provided regarding the Distant Sales Contract (Contract). The party related to this contract is MAMAK KOZMETİK İTHALAT İHRACAT DANIŞMANLIK EĞİTİM TEKSTİL MEDİKAL SAN. VE TİC. LTD. ŞTİ. Our contact information are as follows: (Address: Esentepe Mah. Yüzbaşı Kaya Aldoğan Sok. Pardus Plaza No: 4/4 Şişli – İstanbul, Phone: +90 (0212) 401 13 15, E-mail: info@cremadea.com) (Mersis No: 0611137892400001).

The technical stages and steps related to the purchase of the goods / services (“Product / Products”) subject to order from our site that we will hereinafter refer to as the INTERNET SITE by our esteemed Consumer (including those made through the application on your mobile device) and thus making the order-Contract, the technical tools for identifying and correcting the errors during your data entries have been specified on the relevant pages (by giving you the opportunity to take action in line with the warning messages you see) during your activity up to this point. If there is an error in the entry of an information (data) about your order on the INTERNET SITE, it can be corrected with the relevant warning message, and it is possible to correct the errors that may occur while entering your payment information. You can contact our Customer Service at +90 (0212) 401 13 15 for information entry errors you notice after the completion of the payment process.

We make product sales inside and outside Turkey. If the cargo company that will make the delivery does not have a branch in your location, the Product has to be received from another branch that we will notify.
When the consumer approves the Contract, the price and expenses specified on this page of the Product (s) ordered are collected by the payment method he/she chooses.

The Consumer has the right to withdraw from the order-contract within fourteen (14) days from the date of receipt of the Product without any justification and penalties.

However, there is no legal right of withdrawal in contracts regarding certain goods / services, even if they are not used / utilized. 

 

The goods and services for which the right of withdrawal cannot be exercised by law are as follows:

a) Goods prepared in line with the special requests of the Consumer or his personal needs (including Special Products prepared special to the person / personal needs by making changes or additions, supplied imported / from the country / abroad in accordance with the BUYER’s order) 

b) goods which may be quickly degraded or that may expire, such as cosmetics, etc., and food stuffs such as chocolate, etc. 

c) goods such as cosmetics, swimwear, underwear, etc. whose protective elements such as packaging, tape, seal, package have been opened after delivery and it is not appropriate to be returned in terms of health and hygiene 

d) goods which, after delivery, are intermixed with other products and which are inherently impossible to be segregated 

e) all kinds of products with digital content such as books, CDs, DVDs, audio and video recordings, software and computer consumables with protective elements such as packaging, tape, seal, package opened; all services performed instantly in electronic environment and all kinds of intangible goods delivered immediately to the consumer 

f) goods or services whose price varies due to fluctuations in financial markets and which are not under the control of the seller or supplier 

g) periodicals such as newspapers and magazines other than those provided under the subscription agreement 

h) services at a specific date or period for accommodation, transport of goods, car rental, food and beverage supply and the use of leisure time for fun or recreational purposes 

i) Services started to be rendered within the period of withdrawal with the approval of the BUYER and 

j) In general, other goods and services considered outside the scope of distant sales in accordance with the relevant legislation and the cases where the BUYER purchases for commercial/professional purposes.

k) In case there is a problem in the package during the delivery, for orders delivered by cargo, if the BUYER does not take delivery of the product or send it back by means of a report, he/she is considered to have accepted the product..

In cases where there is a legal right of withdrawal, as per the law, the consumer is responsible for the changes and deteriorations that occur because the goods are not used in accordance with their operation, technical specifications and usage instructions during the withdrawal period. For this reason, we may lose the right of withdrawal regarding the Product, and if we accept it with caution, we have the right to make a discount from the price of the Product up to the change / breakdown.

In case of withdrawal, the relevant Product must be returned within a maximum of ten (10) days. It is possible to send us free of charge from the branch of our contracted cargo company UPS (which has delivered the Product to the Consumer or another close).

Clear notification of withdrawal can be made to our contact addresses above, by means such as letter, e-mail, telephone. If this right is exercised, in addition to the aforementioned notification, the sample of the cargo delivery report indicating that the Product has been sent to us (in accordance with the tax legislation), the return of the original delivery note / invoice, the return invoice for Product returns, whose invoice is issued on behalf of the institutions, the box, packaging, and standard accessories, if any, of the Products to be returned have to be delivered to us completely and undamaged. 
In cases where the right of withdrawal is not stipulated by law, the right of withdrawal cannot be used. In addition, in cases where this right is not used duly or on time, the consumer loses the right of withdrawal. 

Provided that the above mentioned requirements are fulfilled by the Consumer, within 14 days from the date of receipt of the withdrawal notice to our company, the price of the product and the delivery costs of the Product to the Consumer, if any, shall be returned to the consumer in accordance with the payment instrument used when purchasing the Product. In addition, when the right of withdrawal is exercised, the refund of delivery costs is made upon the exercise of the right of withdrawal for this product in a single product order, and on the exercise of the right of withdrawal for all products in an order containing more than one product. When a purchase containing more than one product is made with any campaign / promotion / advantage for which no delivery fee is charged, if the exercise of the right of withdrawal for some of these products excludes the shopping made from the scope of the campaign / promotion / advantage used (for example, if a part of the product is returned using the right of withdrawal by using a campaign that does not charge a delivery fee for a certain volume of purchases as a product or a fee, if the shopping volume falls outside the scope of the specified campaign). Delivery fee is deducted from the return to be made to the consumer. Likewise, if the right of withdrawal is used for some of the orders containing more than one product by benefiting from a discount / campaign as a product or a fee, if the shopping volume is out of the scope required to benefit from the discount, this discount is deducted from the return to be made to the consumer. If the consumer has used a benefit such as a gift voucher or discount code / coupon in the shopping where the right of withdrawal is exercised, this amount shall be deducted from the amount to be refunded. As a result of an order with the right of withdrawal for all or part of the order, a promotion, gift voucher, discount code or coupon or similar purchase is out of the specified scope in order to gain promotion, gift voucher, discount code or coupon and similar rights, the promotional, gift voucher, discount code or coupon and similar rights won by the consumer shall be canceled. If the deduction from the amount to be returned to the Consumer in cases where the right of withdrawal is exercised exceeds the refund amount, the balance is collected from the payment instrument used by the Consumer for shopping.

These provisions shall be applied exactly in all cases where the return of product is in question, except for defective products, as well as in cases where the right of withdrawal is exercised. In case of withdrawal of our company in accordance with the law and other order-contract cancellations, including valid collection and offsetting rights, contractual and legal rights-obligations for the monetary values of any award points and similar items earned by the Consumer on the INTERNET SITE and / or used for the purpose of discount and similar purposes in the payment of the product price are also available and reserved. 

The current rules and conditions applicable to our Company and the consumer regarding the issues related to transaction security, protection of information, confidentiality, processing-use and commercial electronic communications in the INTERNET SITE are as follows; The consumer can always contact our Company with the communication tools specified in these matters and consult.

Our company is a member of Istanbul Chamber of Commerce (ITO). Electronic contact information where ITO’s code of conduct regarding the profession can be obtained is as follows: (www.ito.org.tr, Phone: 444 0 486). 

After your acceptance by approving the Contract on the WEBSITE with the above-below information, since we will send all these to your e-mail (mail) address that you specified with your order confirmation, you can always access it by saving and storing it on your device and also they will be kept in the systems of our Company within the framework of the relevant laws and for a maximum of three years.

INFORMATION REGARDING THE PRODUCT/SERVICE, PRICE, PAYMENT AND DELIVERY UNDER ORDER-CONTRACT

The Delivery Information including the Sort and Type, Quantity, Brand / Model / Color, Unit Price (s) and Sales Price and Payment (collection) Information and the place of delivery notified by the BUYER of the products (goods / services) are as follows. If the cargo company to deliver does not have a branch where the Consumer is located, the Consumer shall be required to receive it from another nearby branch to be notified by the SELLER (The necessary information will be provided to the Consumer by e-mail / mail, SMS or telephone). Other matters related to delivery are stated below.

The ordered product shall be delivered to the Consumer / the third person / organization at the address above, provided that the legal 30-day period is not exceeded, on the following conditions.

The SELLER shall send and deliver the Products through the contracted cargo company for its shipments. If this cargo company does not have a branch where the Consumer is located, the Consumer is required to receive the Product from another nearby branch notified by the SELLER.

Products in stocks shall be given to the cargo company for delivery to the person and address notified by the CONSUMER during the order within seven (7) days from the date of the order. Cargo Companies shall deliver the shipments received from the SELLER to the BUYERS within an average of 2 (two) business days under normal conditions, although it varies according to their distance.

In general and unless otherwise clearly stated, delivery costs (shipping costs, etc.) shall be covered by the Consumer. Depending on the campaigns it conducts at the time of sale and declares the terms on the INTERNET SITE, the SELLER may not reflect all or part of the delivery costs to the Consumer.

During the delivery of the products, if the Consumer is not personally present at the address and the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. In the absence of a person to take delivery at the address, it is the Consumer’s responsibility to contact the cargo company and follow-up and ensure the shipment of the products. If the product will be delivered to a person / organization other than the Consumer, the SELLER cannot be held responsible if this person / organization is not present at the address or does not accept delivery. In such cases, the Consumer shall bear the expenses incurred by the Consumer if the products are stored in the cargo company and/or if the cargo is returned to the SELLER including any damages resulting from the late delivery of the product.

The person to receive the product shall be responsible for checking the Product when he/she receives it and when he/she sees a cargo related problem in the Product, not to accept the Product and to make a report to the Cargo company’s official. Otherwise, the SELLER shall not accept any liability.

Before receiving the Product, the Consumer must have paid the sales price in full, including the costs. In sales for cash, if the product price is not paid to the SELLER in full before delivery, and if the due installment amounts are not paid in installment sales, the SELLER may unilaterally terminate the contract and not deliver the Product.

If, for any reason, after the delivery of the product, the Bank / financial institution of the credit card fails to pay the price of the Product to the SELLER or request a refund of the amount paid, the product shall be returned to the SELLER by the Consumer within 3 days at the latest. If the failure to pay the price of the product is due to an unfair instruction or objection of the Consumer to the Bank, or a fault or negligence, shipping costs will be covered by the Consumer. All other contractual and legal rights of the SELLER, including the follow-up of the receivable for the product price without accepting the return, shall be reserved in any case.

For the avoidance of doubt; in cases where the Consumer pays the sales price by credit card, installment card etc., of banks (including financial institutions), all the facilities provided by these cards are credit and / or installment payment options directly provided by the card issuing body. Product sales that occur in this way and the SELLER collects the price once or gradually, are not sales on credit or in installments for the parties of this Contract, they are sales for cash. The legal rights of the SELLER in cases legally deemed to be sales for installments (including the right to terminate the contract and / or to demand the payment of the entire remaining debt together with the default interest) shall be available and reserved within the framework of the relevant legislation. In case of Consumer’s default, a monthly default interest shall be applied as stipulated by the laws in force.

The delivery of the product to the Consumer within 30 days, which is the legal maximum period, is on time delivery. In case of failure to deliver within the legal maximum 30-day period due to extraordinary circumstances other than normal sales / delivery conditions (weather, heavy traffic, pandemic, earthquake, flood, fire, etc.), the SELLER shall inform the Consumer about the delivery by accessing the available contact information. In this case, the Consumer may cancel the order, order a similar product or wait until the end of the disaster.

If it is understood that the SELLER cannot supply the Contract Product, trovided that within three (3) days from the date of learning about this situation, by informing the Consumer clearly and with one of the same means, obtaining verbal / written approval, it may supply another good / service with equal quality-price and it is deemed to have fulfilled its contractual commitment in this way. The Consumer shall be free in all respects to give or not to give such approval, and in cases where it does not approve, the contractual-legal provisions regarding the cancellation of the order (termination of the contract) shall be applied.

RULES ON SECURITY-CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS

The confidentiality rules-policy and conditions, the current principles of which are set forth below, shall be valid on the INTERNET SITE for the protection, confidentiality, processing-use and communications and other matters.

The necessary precautions for the security of the information and transactions entered by the Consumer on the INTERNET SITE shall be taken within the system infrastructure of the SELLER, within the scope of the current technical possibilities according to the nature of the information and transaction. In addition, since the said information is entered from the Consumer’s device, in order to protect them and prevent access by unauthorized persons, the Consumer shall be responsible for taking the necessary measures, including those related to viruses and similar harmful applications.

The SELLER may record, keep in printed / magnetic archives, update, share, transfer, transfer, use and process them in other forms when necessary, the information obtained during the subscription of the Consumer to the INTERNET SITE and the purchases, for the provision of various products / services by itself or other companies within its organization and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications, in the aforementioned and their successors indefinitely or for the period to be foreseen. These data can also be forwarded to the relevant Authorities and Courts where required by law. The Consumer agrees and gives permission for the use, sharing, processing and making of commercial and non-commercial electronic communications and other communications of personal-non personal data, in accordance with the legislation on the protection of personal data and electronic commerce legislation, of its existing and new information.

The consumer can always stop data use-processing and / or communications by reaching the SELLER through the specified communication channels legally. According to the Consumer’s clear notification on this matter, personal data processes and / or communications to the party are suspended within the legal maximum period; and if he/she wishes, his/her data, except for legally stored and / or possible ones, shall be deleted from the data recording system or made anonymous. 

 

If the Consumer wishes, he/she may object to the processes related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analyzing with automatic systems and the emergence of a result against him/her. The BUYER can always apply to the SELLER and get information on issues such as the elimination of damage due to the unlawful processing of the data. Applications and requests regarding these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.

Regarding all kinds of information and content of the INTERNET SITE and their arrangement, revision and partial / complete use; except for those belonging to other third parties according to the SELLER’s agreement; all intellectual and industrial rights and property rights shall belong to the SELLER.
The SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes shall be valid from the moment they are announced by the SELLER on the INTERNET SITE or through other suitable methods.
The privacy-security policies and terms of use apply to other sites accessed through the INTERNET SITE, and the SELLER shall be not responsible for any disputes and negative consequences that may arise.

OTHER MATTERS

In case of cancellation of orders including contractual and legal withdrawals and contract terminations, if the product price has been collected, within a maximum of 14 days, the Product price is returned to the Consumer in accordance with the vehicle paid. For example, in case of credit card payments, the refund process shall be made by refund to the credit card of the Consumer and the amount of the Product shall be returned to the relevant bank within the same time after the order is canceled by the Consumer. Since the reflection of this amount to the Consumer accounts after the refund of this amount to the bank is made by the SELLER, it shall be completely related to the bank transaction process, the Consumer accepts in advance that it will not be possible for the SELLER to intervene and take responsibility for possible delays (Banks’ transactions to reflect the refund to the Consumer account can usually take up to three weeks).

The SELLER has the right to discount and deduction arising from the Contract and the law for the amount to be returned to the Consumer, and the right to collection in cases where it is not sufficient, and shall be reserved. Consumer’s legal rights shall also be available and valid in cases where the Contract is terminated by the Consumer due to the SELLER’s non-performance.

The consumer may notify the SELLER of his / her demands and complaints regarding the product and sales via the communication channels specified above, verbally or in writing. As a SELLER, we are pleased to meet all kinds of applications of our consumer customers with justified demands and complaints. If such a solution is not possible, and if the consumer wishes, he/she can apply to the Provincial and District Consumer Arbitration Committees in his or the SELLER’s settlement (where his residence is located) within the monetary limits determined and announced each year by the Ministry of Customs and Trade, and in cases beyond the borders, he/she can apply to the Mediator and / or Consumer Courts.

The Consumer, with this Preliminary Information that will form an integral part of the Distant Sales Contract, when accepted, is informed about the basic features and qualities of the Product / Products subject to sale, sales price, payment method, delivery procedures and right of withdrawal, personal information, electronic communication and award points conditions.

All explanations and information in this Order-Contract Preliminary Information are valid as of the moment the Consumer approves it on the INTERNET SITE, and if accepted, it is binding between the SELLER and the Consumer (BUYER) together with the Distant Sales Contract.