Terms & Conditions

MAMAK KOZMETİK DISTANT SALES CONTRACT

This Contract regulates the rights and obligations of the parties regarding the sales-delivery and other matters for the below-specified products/services (“Product/Products”), which the BUYER wants to purchase by placing orders on the e-commerce internet site www.cremadea.com (“INTERNET SITE”) of the SELLER, including the case of transactions through the application on his/her mobile device. After the BUYER approves this Contract on the INTERNET SITE, the cost and expenses of the Product (s) it ordered are collected by the payment method chosen.

Article 1 – PARTIES

SELLER
 

Article 2: CONTRACT PRODUCT, PRICE, PAYMENT AND DELIVERY

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 BUYER is located, the BUYER shall be required to receive it from another nearby branch to be notified by the SELLER (The necessary information will be provided to the BUYER by e-mail / mail, SMS or telephone). Other matters related to delivery are specified in Article 7 below of the Contract 

 – Since it is sent to the BUYER through e-mail after this Contract is approved and established by the BUYER on the INTERNET SITE, with all other sales terms included in this Contract, according to its nature, it can be stored and accessed for the period requested by the BUYER, and the SELLER may store them for a period of three years.

Article 3- MATTERS THAT THE BUYER HAS BEEN INFORMED PREVIOUSLY

The BUYER confirms and acknowledges that before this Contract is established and accepted by the BUYER  on the INTERNET SITE and before it is under an obligation to order and pay, it is informed about the following matters, by seeing and examining all the general-specific explanations on the relevant pages-sections of the INTERNET SITE.
– SELLER’s title and contact information and current introductory information,
– The stages of the sales process during the purchase of the product (s) from the INTERNET SITE and the appropriate tools-methods for correcting the wrongly entered information,
– The Professional Chamber to which the SELLER is a member of (ITO-Istanbul Chamber of Commerce) and electronic contact information where ITO’s code of conduct regarding the profession can be obtained (Phone: 4440486, www.ito.org.tr)
– Confidentiality, data use-processing and electronic communication rules to BUYER for BUYER information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, as well as the rights of the SELLER and the procedures for using the rights of the parties,
– Shipping restrictions required by the SELLER for products,
– Payment methods-means accepted by the SELLER regarding the Product (s) subject to the contract and basic features-attributes of Products, total price including taxes (the total amount to be paid by the BUYER to the SELLER, including related expenses),
– Information about the procedures for the delivery of the products to the BUYER and the shipping-delivery-cargo costs,
– Other payment / collection and delivery information about the products and information on the performance of the contract, the commitments and responsibilities of the parties in these matters,
– Products and other goods and services for which the BUYER does not have the right of withdrawal,
– In cases where the BUYER has the right of withdrawal, the conditions, period and procedure to exercise this right, if the right is not used in time, the BUYER will lose the right of withdrawal,
– Regarding the Products with the right of withdrawal, if the product is damaged or modified due to not being used in accordance with the instructions for use, usual operation or technical specifications within the withdrawal period. the BUYER’s request for withdrawal may not be accepted and will be liable to the SELLER in any case, in cases where the SELLER accepts, it will be able to collect an amount that it deems appropriate according to the aforementioned defect or change from the refund to the BUYER,
– In cases with the right of withdrawal, matters of returning the products to the SELLER and all related financial issues (including return ways, expense and return of the product price and reward points earned / used by the BUYER during the return, free products in campaign sales, other free / discounted opportunities provided, discounts and deductions that can be made without refunding the BUYER for gift cards, etc., in cases where it is not sufficient, additional collections from the BUYER depending on the case),
– If the BUYER is a legal person, the SELLER is not allowed to purchase the product for commercial purposes without making a special contract with the SELLER. In terms of legal persons, collective purchases of products shall be deemed to be of this nature in any case; they are not entitled to use “consumer rights”, especially the right of withdrawal, and the SELLER has the right not to sell products to him/her.

– Processes-practices about confidentiality, personal data and electronic communications,
– Contact information for the BUYER to submit his/her complaints to the SELLER in case of conflicts, and it can make his/her legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 4- RIGHT TO WITHDRAW

The BUYER has the right to withdraw from this Contract within fourteen (14) days from the date of receipt of the Product without any justification and penalties.
In legal terms, there is no right of withdrawal in the contracts regarding the following goods / services, even if they have not been used / utilized:

1. a) goods prepared in line with the special requests of the BUYER 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) 
2. b) goods which may be quickly degraded or that may expire, such as cosmetics, etc., and food stuffs such as chocolate, etc. 
3. 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 
4. d) goods which, after delivery, are intermixed with other products and which are inherently impossible to be segregated 
5. 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 
6. f) goods or services whose price varies due to fluctuations in financial markets and which are not under the control of the seller or provider, 
7. g) Periodicals such as newspapers and magazines other than those provided under the subscription agreement 
8. 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 
9. i) Services started to be rendered within the period of withdrawal with the approval of the BUYER and 
10. 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.
11. 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, it is considered to have accepted the product.  

Where the right of withdrawal is possible, if the BUYER does not use the goods according to its operation, technical specifications and instructions for use within the withdrawal period, as required by law, it is responsible for the changes and failures. Accordingly, if there is a change or failure due to the product not being used in accordance with the instructions for use, technical specifications and functioning of the Product within the period until the date of withdrawal, the BUYER may lose the right of withdrawal; in cases where it is accepted by the SELLER, a discount shall be made from the price of the returned Product, up to the change / defect.

In cases with the right of withdrawal, it is sufficient for the BUYER to direct a clear notification that the BUYER has exercised the right of withdrawal to the SELLER within a legal 14-day period (verbal / written communication to the above specified contact addresses). In case that the said right is exercised in time, the product has to be sent to the above address of the SELLER at the expense of the BUYER within a maximum of ten (10) days. If the contracted cargo company is specified on the INTERNET SITE for product to be returned, the BUYER can send the Product from a branch within or outside the district where it is located. In this case, no cost is charged from the BUYER.

Box, packaging, and standard accessories, if any, of the product to be returned should be delivered complete and undamaged in this return process. In addition, due to tax legislation, as well as the cases where a Return Invoice is required by the BUYER, on the invoice that will be returned with the product, the section about the return shall be filled and signed. Order returns whose invoices are issued on behalf of institutions (legal entities), return Invoice shall not be accepted unless it is issued.

“The return address of the product, the address of the SELLER / the address of the cargo company for returned products’ delivery.”
Provided that the above mentioned requirements are fulfilled by the BUYER, within 14 days from the date of receipt of the withdrawal notice to the SELLER, the price of the product and the delivery costs of the Product to the BUYER, if any, shall be returned to the BUYER in accordance with the payment instrument used when purchasing the Product.

Including the legal rights and responsibilities of the BUYER after the withdrawal period regarding the Products and the reward points, free / discounted sales of the SELLER from the BUYER, its rights and obligations, including contractual and legal collection and deduction rights, shall be also available and valid.

ARTICLE 5 – 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.

5.1. The necessary precautions for the security of the information and transactions entered by the BUYER 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 BUYER’s device, in order to protect them and prevent access by unauthorized persons, the BUYER shall be  responsible for taking the necessary measures, including those related to viruses and similar harmful applications.
5.2. In addition to the consent and approvals of the personal data and commercial electronic communications provided by the BUYER in other ways; 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 BUYER 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 BUYER 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.
5.3. The BUYER can always stop the data usage-processing by reaching the SELLER through the specified communication channels and / or accessing the same channels legally or by using the right of refusal in the electronic communications sent to him/her. According to the BUYER’s clear notification on this matter, personal data processes and / or communications to the party are suspended within the legal maximum period; and if it 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 BUYER wishes, it 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 through the above communication channels 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.
5.4. 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.
5.5. 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.
5.6. 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.

Article 6- GENERAL PROVISIONS

6.1. The contract Product shall be delivered to the BUYER or to the third party / organization at the address on the INTERNET SITE, provided that the legal 30-day period is not exceeded, based on the following principles.
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 BUYER is located, the BUYER 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.
6.2. In general and unless otherwise clearly stated, delivery costs (shipping costs, etc.) shall be covered by the BUYER. 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 BUYER. In cases where the right of withdrawal is used for all of the products subject to the order and for some of them (if the BUYER makes use of it), if the free shipping (delivery) campaign falls below the minimum purchase amount, the SELLER shall collect the uncollected delivery-cargo amount within the scope of the campaign by deducting the amount to be returned to the BUYER (this cost is refunded in cases where the BUYER pays the delivery-shipping cost). Similarly, in cases the BUYER purchases a minimum amount of a SELLER campaign with a discount or a free (gift) product of the same nature and in all cases where a gift card etc. is won/used, as a result of the exercise of the right of withdrawal for all or a part of the products under the order, if the minimum price has been reduced or the condition of winning / using gift cards, etc. in general terms, if the terms of benefiting from the campaign / winning or usage conditions are violated by the BUYER or these conditions are not complied with, the entire discount amount (if any, the price of the gift product) is deducted from the amount to be returned to the BUYER. In cases where it is not sufficient, this cost is collected from the payment mean (including credit card etc.) used during the shopping. If the BUYER won (virtual / physical) gift cards, points, etc. due to his/her purchase, this will be canceled. If (virtual or physical) gift vouchers, points, etc. are used, the entire amount shall be deducted from the amount to be returned to the BUYER. In cases where it is not sufficient, it shall be collected as mentioned above. 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.
6.3. During the delivery of the products, if the BUYER 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 BUYER’s responsibility to contact the cargo company and follow-up the shipment of the products. If the product will be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible if this person / organization is not present at the address for delivery or does not accept the delivery.
In such cases, the BUYER shall bear the expenses incurred by the BUYER 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.
6.4. The BUYER shall be responsible for checking the Product when it receives it and when it 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.
6.5. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. 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 BUYER within 3 days at the latest. In case of failure to pay the product price due to the BUYER’s fault or negligence, shipping costs shall be borne by the BUYER. 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 BUYER 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 BUYER’s default, a monthly default interest shall be applied as stipulated by the laws in force.
6.6. In case the product cannot be delivered within the legal maximum 30 days period due to extraordinary circumstances (such as weather, heavy traffic, pandemic, earthquake, flood, fire) other than normal sales / delivery conditions, the SELLER shall inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the disaster.
6.7. If it is understood that the SELLER cannot supply the Contract Product, provided that within three (3) days from the date of learning about this event, clearly informing the BUYER with the method in accordance with the law and obtaining his/her verbal / written approval, The SELLER may supply another good / service with equal quality-price and is deemed to have fulfilled its contractual commitment in this way. The BUYER 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.
6.8. In order cancellations and contract terminations, including contract-law withdrawals, if the product price has been collected, it shall be returned to the BUYER within a maximum of 14 days. The requirements of the following rule shall be reserved. The refund shall be made in accordance with the payment mean used by the BUYER to pay the product price to the SELLER. For example, in case of credit card payments, the refund process shall be made by refund to the credit card of the BUYER and the amount of the Product shall be returned to the relevant bank within the same time after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER 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 BUYER 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 BUYER account can usually take up to three weeks).
Regarding the price to be refunded by the SELLER, the rights to discount and deduction arising from this Contract and the law shall be reserved. The legal rights of the BUYER shall be also reserved and available in cases where the contract is terminated by the BUYER due to the SELLER’s failure to perform its performance.
6.9. The BUYER may notify the SELLER verbally or in writing about his/her requests and complaints regarding the product and sales, by accessing the SELLER communication channels in the introduction section of the Contract.
6.10. Some of the issues written in Article 3 above may not be included in this Contract by nature. However, the Preliminary Information seen / approved by the BUYER on the INTERNET SITE shall also be included in the sales stages or general- information pages / sections of the INTERNET SITE.
6.11. Since they are sent to the e-mail (mail) address given after acceptance, the BUYER may access and review the said Information and this Contract at any time by recording and storing the relevant mail on the device.  In addition, it shall be kept in the systems of the SELLER for three years.
6.12. Records of the SELLER shall be considered as evidence in the resolution of any dispute that may arise from this Contract and / or its implementation (including magnetic media records such as computer-audio recordings). The rights of the parties arising from the relevant mandatory legal regulations shall be valid and reserved.
6.13. Legal entities can only purchase the product for the purpose of becoming end users. Unless they make a special agreement with the SELLER, they cannot purchase bulk to sell the product later in other channels. Regarding legal persons, collective purchases of products shall be deemed to be of this nature in any case. The SELLER has the right not to sell products to itself, the right to request the suspension of the sale and to demand compensation, as it cannot use “consumer rights”, especially the right of withdrawal.

Article 7- BUYER’S LEGAL REMEDIES – AUTHORIZED JURISDICTIONS

In disputes that may arise from this Contract, Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced every year by the Ministry of Customs and Trade, and Consumer Courts shall be authorized in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Committees and / or the Mediator, to the Consumer Courts at the SELLER’s place of residence (residence).

The BUYER accepts and declares that it has read all the conditions and explanations written in this Contract and the order-contract preliminary information (INTERNET SITE) that form its integral part, it has been informed about all matters specified in Article 3 of this Contract including basic features-qualities of the Product / Products on sale, sales price, payment method, delivery conditions, SELLER and all other preliminary information about the Product subject to sale, information and right of withdrawal, personal information-electronic communication and award points conditions and has seen all of them electronically on the INTERNET SITE and gave confirmation-approval-acceptance-permission to all of these in electronic environment and accepted the provisions of this Contract by ordering the Product.

The said preliminary information and this Contract are also sent to the above-specified e-mail (mail) address notified by the BUYER to the SELLER, and the receipt confirmation of the order is also included with the order summary in the said e-mail.