Article 1 – Parties
1.1. Seller
Name:
Address
E-mail:
Telephone:
1.2. Buyer
Name – surname
Turkish ID No.
Address
Telephone
E-mail
Article 2
The subject matter of this Agreement is to determine the rights and obligations of the parties, pursuant to the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, in relation to the sale and delivery of the product whose characteristics and sales price are specified below, ordered electronically by the BUYER on the YAYIN.COM.TR website belonging to the SELLER.
The Buyer accepts and declares under the provisions of this Agreement that they have been informed by the Seller — in a clear, comprehensible manner appropriate to the internet environment — of the Seller's name, title, full address, telephone and other contact details; the essential characteristics of the goods subject to sale; the sales price including taxes; the payment method; the delivery terms and costs and all other preliminary information concerning the goods subject to sale; the exercise of the right of "withdrawal" and how that right may be exercised; and the official authorities to which they may submit complaints and objections; that they have confirmed this preliminary information electronically; and that they subsequently placed an order for the goods.
The preliminary information published on the YAYIN.COM.TR website and the invoice issued for the order placed by the Buyer are integral parts of this Agreement.
Article 3 – Product / Payment / Delivery Details Subject to the Agreement
The kind and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice details and shipping fee of the product(s) purchased electronically are as set out below. The person to be invoiced and the person concluding the agreement must be the same. The information below must be accurate and complete. The Buyer agrees to compensate in full any damages arising from cases where this information is inaccurate or incomplete, and further accepts every kind of liability that may arise from such a situation.
The SELLER reserves the right to suspend the order where it deems necessary, when the information provided by the BUYER does not correspond to the truth. Where the SELLER identifies a problem with the order and cannot reach the BUYER via the telephone, e-mail and postal addresses provided by the BUYER, the SELLER shall put the processing of the order on hold for 15 (fifteen) days. The BUYER is expected to contact the SELLER on the matter within this period. If no response is received from the BUYER within this period, the SELLER shall cancel the order so that neither party suffers any damage.
Product(s) Purchased
Name, code: ; … pcs
Total Sales Price: … TL
Payment Method: Credit Card / Bank Transfer (EFT)
Recipient:
Telephone number:
Delivery Address:
Person/Entity to Be Invoiced:
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … TL
Article 4 – Date of the Agreement and Force Majeure
Circumstances that do not exist or are unforeseeable on the date the Agreement is signed, that develop beyond the parties' control, and whose occurrence renders it impossible for one or both of the parties to perform, in part or in full, the obligations and responsibilities they have undertaken under the Agreement, or to perform them on time, shall be deemed force majeure (natural disaster, war, terrorism, insurrection, changes in legislation, seizure or strike, lockout, significant failure in production or communication facilities, etc.). The party in whose person the force majeure occurs shall notify the other party of the situation immediately and in writing.
For the duration of the force majeure, the parties shall bear no liability for their inability to perform their obligations. If this state of force majeure continues for 30 (thirty) days, each party shall acquire the right of unilateral termination.
Article 5 – Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to perform in full the obligations imposed on it under the Agreement, except in cases of force majeure, pursuant to the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts.
5.2. Persons under 18 (eighteen) years of age may not shop on yayin.com.tr. The Seller shall rely on the accuracy of the age stated by the Buyer in the Agreement. However, no liability whatsoever may be imposed on the Seller on account of the Buyer having stated their age incorrectly.
5.2. YAYIN.COM.TR is not responsible for price inaccuracies arising from system errors. Accordingly, the Seller is not responsible for promotional or price errors that may arise from the system on the website, from the design, or from interventions that may be made to the website through unlawful means. The Buyer may not assert any claim against the Seller on the basis of system errors.
5.3. Purchases on YAYIN.COM.TR may be made by credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which the transfer has not been made within one week of the order date are cancelled. The time at which an order is taken into processing is not the moment the order is placed, but the moment at which the required collection is made from the credit card account or the transfer (EFT) is determined to have reached the bank accounts. Payment methods carried out without consulting customer services, such as cash on delivery or postal cheque, are not accepted.
Article 6 – Rights and Obligations of the Buyer
6.1. The Buyer agrees and undertakes to perform in full the obligations imposed on them under the Agreement, except in cases of force majeure.
6.2. The Buyer agrees and undertakes that, by placing an order, they are deemed to have accepted the provisions of this Agreement, and that they will make payment in accordance with the payment method specified in the Agreement.
6.3. The Buyer accepts and declares that they have been informed, via the YAYIN.COM.TR website, in a clear, comprehensible manner appropriate to the internet environment, of the Seller's name, title, full address, telephone and other contact details; the essential characteristics of the goods subject to sale; the sales price including taxes; the payment method; the delivery terms and costs and all other preliminary information concerning the goods subject to sale; the exercise of the right of "withdrawal" and how that right may be exercised; and the official authorities to which they may submit complaints and objections; and that they have confirmed this preliminary information electronically.
6.4. Further to the preceding article, the Buyer declares that they have read and become acquainted with the YAYIN.COM.TR order/payment/usage procedure information, which contains the product order and payment terms, the product usage instructions, the precautions taken against possible situations and the warnings given, and that they have provided the necessary confirmation electronically.
6.5. The Buyer agrees and undertakes, should they wish to return the product they have received, not to damage the product or its packaging in any manner whatsoever, and to return the original invoice and the delivery note at the time of return.
Article 7 – Order/Payment Procedure
Order:
After the VAT-inclusive TL amount of the products added to the shopping cart (in instalment transactions, the total instalment amounts) has been approved by the Buyer, the transaction is processed through the POS of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before orders are dispatched. No shipment is made before the order confirmation e-mail has been sent.
Any disruption in the process, or problems that may arise in connection with the credit card, are notified to the Buyer using one or more of the telephone/fax/e-mail channels stated in the Agreement. If necessary, the Buyer may be asked to contact their bank. The time at which an order is taken into processing is not the moment the order is placed, but the moment at which the required collection is made from the credit card account or the transfer (EFT) is determined to have reached the Seller's accounts.
Exceptionally, where it becomes apparent for a justified reason that the goods subject to the Agreement cannot be supplied and/or a stock problem is encountered, the Buyer shall be informed immediately in a clear and comprehensible manner and, subject to the Buyer's approval, other goods of equal quality and price may be sent to the Buyer; or, in line with the Buyer's wish and choice, another new product may be sent, the arrival of the product in stock or the removal of any other obstacle to delivery may be awaited, and/or the order may be cancelled.
Where performance of the obligation to deliver the goods subject to the Agreement becomes impossible, the Buyer shall be informed of this situation, the total amount they have paid and any documents placing them under obligation, if any, shall be returned to them within ten days at the latest, and the Agreement shall be cancelled. In such a case, the Buyer shall have no claim against the Seller for any additional material or moral damages.
Payment:
On YAYIN.COM.TR, buyers who do not wish to use their credit card details online are offered the option of ordering by cash bank transfer. In payment by transfer, the Buyer may choose the bank most convenient for them and make the transfer. If an EFT has been made, the date on which it is credited to the account shall be taken into account. When making a transfer and/or EFT, the "Sender Details" must match the Invoice Details and the order number must be stated.
If, after delivery of the product, the relevant bank or financial institution fails to pay the product price to the Seller because the Buyer's credit card has been used unfairly or unlawfully by unauthorised persons in a manner not attributable to the Buyer's fault, the Buyer must send the product delivered to them back to the Seller within 10 days. In such cases, the shipping costs shall be borne by the Buyer.
If the Buyer has chosen to pay by credit card, the BUYER accepts, declares and undertakes that they will separately confirm the applicable interest rates and the information concerning default interest with their bank, and that, pursuant to the provisions of the legislation in force, the provisions on interest and default interest shall be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER.
Article 8 – Shipping/Delivery Procedure
Shipping:
Upon the sending of the order confirmation e-mail, the product(s) are handed over to the courier company contracted by the Seller.
Delivery:
The product(s) shall be delivered to the Buyer's address by the courier contracted by the Seller. The delivery period is 30 days from the sending of the order confirmation e-mail and the conclusion of the Agreement. This period may be extended by no more than ten days, provided the Buyer is notified in advance in writing or via a durable data medium.
Products are sent with telephone notification to regions where the courier companies do not make address deliveries.
In regions where the courier company delivers once a week, in cases of inaccuracy or deficiency in the shipping details, and in situations such as certain social events and natural disasters, the stated number of days may be exceeded. The Buyer may not impose any liability on the Seller on account of such delays. If the product is to be delivered to a person/entity other than the Buyer, the Seller is not responsible for that person's/entity's refusal to accept the delivery, for inaccuracies in the shipping details and/or for extra courier charges that may arise from the Buyer not being at the address. If the product(s) have not reached the customer within the stated days, delivery problems must be reported to customer services immediately, using the e-mail address info@yayin.com.tr.
In the case of a damaged package: damaged packages must not be accepted, and a report must be drawn up by the courier company representative. If the courier company representative is of the opinion that the package is not damaged, the Buyer has the right to have the package opened on the spot to verify that the products have been delivered undamaged, and to request that the situation likewise be established in a report. Once the package has been accepted by the Buyer, the courier company is deemed to have performed its duty in full. If the package has not been accepted and a report has been drawn up, the situation must be reported to the Seller's Customer Services as soon as possible, together with the copy of the report retained by the Buyer.
Article 9 – Product Return and Right of Withdrawal Procedure
Product Returns:
The Buyer has the right to withdraw from the Agreement within seven days of receiving the goods, without giving any reason and without paying any penalty. Pursuant to General Communiqué No. 385 on the Tax Procedure Law, for return transactions to be processed the Buyer must complete the return sections at the bottom of the 2 copies of the Seller's invoice delivered together with the goods, fully and accurately, sign them, send one copy to the Seller together with the product and retain the other copy. The withdrawal period begins on the day the goods are delivered to the Buyer. The return shipping cost of the returned product(s) must be borne by the Buyer.
The right of withdrawal does not apply to goods prepared in line with the Buyer's wishes and/or their clearly personal needs.
If the Buyer exercises their right of withdrawal, the Seller shall, within ten days at the latest of the invoice containing the withdrawal notice reaching it together with the product, refund the total amount it has received and any documents placing the consumer under obligation, without imposing any cost on the consumer.
A decrease in the value of the goods received, or the existence of a reason rendering their return impossible, does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return results from the consumer's fault, the consumer must compensate the Seller for the value of the goods or for the decrease in their value.
The general return period for any product purchased in error is likewise 7 days. Within this period, products whose packaging has been opened, or which have been used, damaged or the like, are not accepted for return. Returns must be made in the original packaging.
Where any opening, deterioration, breakage, destruction, tearing, use or similar condition is found in a product purchased in error or in its packaging, and where the product cannot be returned in the condition it was in at the moment it was delivered to the Buyer, the product shall not be taken back and its price shall not be refunded.
For a product return, the matter must first be communicated to customer services. Information on how to send the product back as a return is provided to the customer by the Seller. Following this exchange, the product must be delivered to the Seller — together with the invoice containing the return details — via the courier company that made the delivery to the Buyer's address. A returned product reaching the Seller is accepted as a return provided it satisfies the conditions set out in this Agreement, and the refund is made to the Buyer's credit card/account. No refund of the price is made before the product has been returned. The time it takes for refunds made to a credit card to appear on the credit card account is at the discretion of the relevant bank.
If the purchase was made by credit card and in instalments, the refund procedure to the credit card shall be applied as follows: in however many instalments the Buyer requested to purchase the product, the Bank makes the refund to the Buyer in instalments. After the Seller has paid the entire product price to the bank in a single payment, in the event that instalment purchases made through the Bank's POS terminals are refunded to the Buyer's credit card, the requested refund amounts are transferred by the Bank to the cardholder's accounts, again in instalments, so that none of the parties involved is placed at a disadvantage. Provided the refund date does not coincide with the card's statement date, the instalment amounts the Buyer paid up to the cancellation of the sale will be reflected on the card as 1 (one) refund per month, and the Buyer will receive the instalments they paid before the refund — for as many additional months as the number of instalments paid before the refund — after the instalments of the sale have ended, and these will be deducted from their existing debts.
In the event of the return of goods and services purchased by card, the Seller may not pay the Buyer in cash, pursuant to the agreement it has concluded with the Bank. Where a refund transaction arises, the merchant, i.e. the Seller, will process the refund through the relevant software; and since the merchant, i.e. the Seller, is obliged to pay the relevant amount to the Bank in cash or by set-off, payment cannot be made to the Buyer in cash under the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the Buyer has paid the amount to the Bank in a single payment. (Delivery and Returns)
Article 10 – Warranty
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against all manufacturing defects, under the conditions set out below: the Seller's warranty liability applies only to consumers falling within the scope of Law No. 4077. For transactions of a commercial nature, the provisions of the Turkish Commercial Code shall apply.
Article 11 – Confidentiality
The information specified by the Buyer in this Agreement, and the information the Buyer provides to the Seller for the purpose of making payment, shall not be shared by the Seller with third parties.
The Seller may disclose this information only within the framework of an existing administrative/legal obligation. Within the scope of any judicial investigation whose investigative authority has been documented, the Seller may provide the information requested from it to the relevant authority, if it holds that information.
Credit card details are never stored; credit card details are used only to obtain authorisation by transmitting them securely to the relevant banks during the collection process, and are deleted from the system after authorisation.
Information such as the Buyer's e-mail address, postal address and telephone number is used by the Seller only for standard product-delivery and notification procedures. From time to time, campaign information, information about new products and promotional information may be sent to the Buyer, subject to the Buyer's consent.
Article 12 – Competent Courts and Enforcement Offices in Case of Dispute
Article 13 – If the services purchased are found not to comply with the laws of the Republic of Türkiye, the service is cancelled.
Article 14 – The radio, TV and IP camera services are specific to the individual or institution concerned (except for custom configurations, reseller accounts or dedicated servers); the individual or institution receiving the service may not commercially sell or rent these services to any third person or institution.
Article 15 – In the IP camera live-streaming service, unlimited camera support is limited to the number of cameras the institution has within the same area.
In the event of a dispute arising from the implementation of this Agreement, the Consumer Arbitration Committees — up to the monetary limit announced every December by the Ministry of Industry and Trade — and the Consumer Courts at the place of residence of the Buyer or of the Seller shall have jurisdiction.
Upon the placing of the order, the Buyer is deemed to have accepted all the terms of this Agreement.