1. Parties and subject
The subject of this Preliminary Information Form is to inform in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts regarding the distance contract between the BUYER and the SELLER. In addition, in accordance with the Distance Contracts Regulation, information on the matters in 5/1 a, d, g and h are included in this Preliminary Information Form. The preliminary information form and the distance sales contract are recorded by www.fitkon.com, and the BUYER will be able to access the texts from the “My Account” page at any time.
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
- BUYER: The real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
- Minister: The Minister of Commerce,
- Ministry: Ministry of Commerce,
- Service: The subject of any consumer transaction other than the supply of goods made or promised to be performed in return for a fee or benefit,
- Law: The Law on the Protection of the Consumer,
- Platform: www.fitkon.com website and mobile application,
- Orderer: The natural or legal person who requests a good or service through the website or mobile application called www.fitkon.com,
- Contract: This Contract concluded between the SELLER and the BUYER,
- Parties: the SELLER and the BUYER,
- Product or Products: Denotes movable goods subject to shopping and all kinds of software, sound, image and similar products prepared for use in electronic environment.
- Regulation: Distance Sales Regulation,
3. Seller Information
- Vendor Name/Title:
- Seller’s Full Address:
- Seller’s Phone:
- Seller Mersis No:
- Seller Email:
5. Basic Characteristics and Price of the Goods and Services Subject to the Contract (VAT INCLUDED)
5.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Products/Services are available on the website of the Seller. The basic features of the product can be found both on the relevant page where the advertisement of the product is located, on the order summary page and below.
5.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
5.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
|Product description||Price||Advance price||Subtotal (VAT Included)|
* The total discount amount, shipping cost and installment difference amount for simultaneous purchases made from the open market and/or other boutiques of the www.fitkon.com website are shown in the table above.
- Delivery address:
- Delivery Person:
- Seller’s Phone:
- Billing address:
- Delivery Type: Delivery to the Buyer
6. Payment and Delivery Conditions
- Total Product Cost Excluding Shipping:
- Shipping fee:
- Installment Difference:
- Total Order Price:
- Order date:
- Payment Method and Plan:
- Delivery Terms will apply as stated on the product page.
- Delivery Conditions: Delivery to the Buyer
- Delivery Persons:
7. Right of Withdrawal
7.1. The BUYER can return the goods/services by using the right of withdrawal within 15 (fifteen) days from the day of establishment of the contract in the contracts for service performance, and from the delivery of the goods to him in the contracts regarding the delivery of goods.
a) The day on which the BUYER or the third party determined by the BUYER takes delivery of the last goods, for the goods that are the subject of a single order and delivered separately in the calculation of the period regarding the right of withdrawal,
b) In the case of goods consisting of more than one piece, the day on which the BUYER or the third party determined by the BUYER receives the last item,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the BUYER or the third party determined by the BUYER receives the first goods is taken as a basis.
7.2. The BUYER delivers the right of withdrawal notice to the SELLER via the Website. The SELLER is obliged to return the cost of goods/services within 14 (fourteen) days from the receipt of the BUYER’s declaration of withdrawal.
7.3. The cost of the goods/services in question is made in accordance with the payment instrument used by the BUYER, without incurring any expense or obligation to the BUYER.
7.4. The BUYER sends the goods back to the SELLER within 10 (ten) days from the moment the notification regarding the right of withdrawal is addressed to the SELLER or the SELLER.
7.5. If the BUYER uses the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it is not responsible for the changes and deteriorations that occur.
7.6. If the product is returned due to the use of the right of withdrawal, the shipping costs will belong to the BUYER. In case of defective (defective, damaged, etc.) products sold with or without warranty certificate, or in case of malfunction or deterioration within the scope and conditions of warranty, the products in question can be sent to the SELLER for the necessary repair to be made by the authorized service, in which case the shipping costs will be covered by the SELLER.
7.7. If there is an invoice with the goods, the relevant return section must be filled in and signed by the BUYER and delivered.
7.8. With the exercise of the right of withdrawal, the side contracts between the BUYER and the SELLER terminate without the obligation to pay any cost, compensation or penal clause.
8. Conditions in which the Right of Withdrawal Cannot Be Used
8.1. The BUYER cannot use the right of withdrawal in the following contracts:
- Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER
- Contracts regarding the goods prepared in line with the requests or personal needs of the BUYER
- Contracts for the delivery of perishable or expired goods
- The goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
- Contracts regarding books, digital content and computer consumables offered in material environment, in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
- Contracts regarding services performed instantly in electronic environment and intangible goods delivered to the BUYER instantly.
- Contracts regarding the services that are started to be performed with the approval of the BUYER, before the expiry of the right of withdrawal.
Goods/Services subject to the contract, which are outside the scope of application of the Regulation on Distance Contracts (food, beverages or other daily consumption items delivered to the BUYER’s residence with the regular deliveries of the SELLER, and services in areas such as travel, accommodation, restaurant, entertainment sector. ) In the case of goods/service types, the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.
9. General Provisions
9.1. The BUYER will be able to place an order from more than one boutique in the same basket for orders placed on the Platform. The SELLER may issue more than one invoice for the orders placed by the BUYER from more than one boutique.
9.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the SELLER’s contracted cargo company within the legal period, depending on the distance of the BUYER’s residence for each product, provided that it does not exceed the legal 30 (thirty) days. The SELLER sends and delivers the products it sells to the BUYERS through contracted cargo companies. In the event that the cargo company does not have a branch in the location of the BUYER, the BUYER must receive the Product from another branch of the cargo company that is reported by the SELLER. The delivery date of the products specified as “estimated delivery date” on the website is specified as an estimate, and this expression does not include any commitment. These products will be delivered to the BUYER within 30 days at the latest, as specified in the legislation.
9.3. In general, unless otherwise stated, the delivery costs (shipping fee, etc.) belong to the BUYER.
9.4. In the event that the Products are not available at the BUYER’s address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. In the event that there is no one to take delivery at the address, it will be the BUYER’s responsibility to follow up the shipment of the products by contacting the cargo company. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or not accepting the delivery. In these cases, any damages arising from the late delivery of the Product by the BUYER and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the cargo is returned to the SELLER shall belong to the BUYER.
9.5. The BUYER is responsible for checking the product as soon as it is received and when he sees a problem with the product caused by the cargo, not accepting the product and keeping a report to the cargo company official. Otherwise, the SELLER will not accept responsibility.
9.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. If the price of the Product is not fully paid to the SELLER before delivery in cash sales, and the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product. If, for any reason, after the delivery of the product, the bank/financial institution to which the credit card is processed does not pay the Product price to the SELLER, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest, at the BUYER’s expense. All other contractual-legal rights of the SELLER, including the follow-up of the Product price without accepting the return, are reserved separately and in any case. The SELLER shall not be liable for any payments made by the bank and/or financial institution to the SELLER, for which a failed code is sent by the bank and/or financial institution for any reason.
9.7. In case the product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation.
9.8. If the product price is collected in order cancellations, it is returned to the BUYER. Credit card payments are also refunded to the BUYER’s credit card, and the Product amount is returned to the relevant bank after the order is canceled by the BUYER; Since the reflection of this amount on the BUYER’s accounts after the return of this amount to the Bank is entirely related to the Bank’s 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 can generally take 3 (three) weeks to reflect the refund to the BUYER’s account).
9.9. In case it is understood that the contracted products cannot be supplied for a justified reason, except for extraordinary circumstances, the SELLER may inform the BUYER within 3 (three) days after learning of the situation and obtain his approval, and may procure another goods/service of equal quality and price, and fulfill the contractual commitment in this way. sort of. In cases where the BUYER does not approve, the provisions regarding the cancellation of the order are applied.
10. Rules on the Protection of Personal Data, commercial electronic messages and intellectual and industrial rights
10.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698, T.C. ID number, demographic data, financial data, etc. informations; to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to be used in marketing activities about orders, products and services, in case of prior approval, to update the information of the BUYER and to manage and maintain memberships. The above-mentioned data can be recorded indefinitely by the SELLER, stored in written/magnetic archives, used, updated, shared by the SELLER for the purpose of execution of the distance sales contract and other agreements established between the BUYER and the SELLER and for the technical, logistics and other similar functions of the third parties to be provided by the SELLER. , can be transferred and processed with other copies.
10.2. SMS/short message, instant notification, automatic call by the SELLER for credit card and membership information, transaction and applications for promotion, advertisement, communication, promotion, sales and marketing purposes regarding all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made via computer, telephone, e-mail/mail, fax, other electronic communication tools, the BUYER has accepted to be sent commercial electronic messages.
10.3. The necessary measures for the security of the information and transactions entered into the Platform by the BUYER have been taken in the system infrastructure of the SELLER, within the scope of today’s technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER’s responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
10.4. The BUYER may request the data usage-processing and/or communication to be stopped at any time by reaching the SELLER through the specified communication channels. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions 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, analysis with automatic systems, The SELLER can always apply and get information on issues such as the elimination of damage due to the processing of the SELLER. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
10.5. Regarding all kinds of information and content belonging to the Platform and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the SELLER’s agreement; All intellectual and industrial rights and property rights belong to the SELLER.
11. Dispute Resolution
11.1. The Consumer Arbitration Committees and the Consumer Courts in the place where the BUYER purchased the Goods or Services and where the residence is located, are authorized up to the value declared by the Ministry of Industry and Trade, in the implementation of this Preliminary Information and in the resolution of any disputes arising from this contract. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Consumer Protection Law No. 6502.
The above information has been given for commercial purposes in accordance with distance communication tools and within the framework of good faith principles, in a way to protect minors and adults who lack the power of discrimination or who are limited.
I have read the Preliminary Information Conditions and the Distance Sales Agreement.