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1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below. In accordance with Article 3 of the Law No. 6563 on the Regulation of Electronic Commerce (“Law”), all the introductory information about “Istanbul Turizm ve Otelcilik A.Ş” is available on our website;
A. Seller: Istanbul Turizm ve Otelcilik A.Ş. (hereinafter referred to as “SELLER” in the agreement)
Title: ISTANBUL TURİZM VE OTELCİLİK ANONİM ŞİRKETİ
Adress: İTFAİYE CADDESİ NO: 44 ZEYREK, FATİH, İSTANBUL
Tax Office & No: BÜYÜK MÜKELLEFLER T.O. / 4810040881
Trade Registry No: 826639-0
Phone: 0 212 5212161
Email: info@zeyrekcinilihamam.com
Central Registration System No: 9661843256375342
B. Buyer: …………………………… (hereinafter referred to as “BUYER” in the agreement)
By accepting this agreement, the buyer accepts in advance that if they accept the order subject to the agreement, they will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that they have been informed about it.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall express the written explanations in front of them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Agreements Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction made or promised to be made in return for a fee or benefit other than the supply of goods,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the supplier,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the Seller,
ORDERING PARTY: The natural or legal person who requests goods or service through the website of the Seller,
PARTIES: The Seller and Buyer,
AGREEMENT: This agreement concluded between the Seller and the Buyer,
GOODS/PRODUCT: The movable goods subject to trading and the software, sound, image, and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Agreements regarding the sale and delivery of the product/Service ordered by the Buyer electronically via the Seller's website.
4. PRODUCT/SERVICE INFORMATION SUBJECT TO AGREEMENT/PAYMENT AND DELIVERY TERMS
4.1. The basic features of the Goods/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the Seller. If a campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign.
4.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4.3. The sales price of the goods or services subject to the agreement, including all taxes, is displayed on the site.
4.4. The shipping fee, which is the shipping cost of the product, shall be paid by the Buyer.
PRODUCT DESCRIPTION
Product Name Product Amount Sales Price (including VAT) Total Amount (including VAT)
PAYMENT AND DELIVERY TERMS
Delivery Address:
Person to be Delivered
Phone Number of the Person to be Delivered:
Invoice Address:
Shipping/Delivery Fee:
Delivery Date:
5. INVOICE INFORMATION
Name, Surname, Title
Address
Phone
Fax
Email/Username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during the delivery of the order.
6. GENERAL PROVISIONS
6.1. The Buyer approves that, by becoming a member of the Seller's website and/or purchasing tickets, products, services, they have read and understood the Terms of Use, the provisions of the Distance Sales Agreement, the Privacy Policy and the Personal Data Policy, and accepts the contents as are. In addition, by purchasing products or services from the Seller's website and approving the order, they accept that they are bound by the provisions of this Agreement. In addition, by approving their order; before purchasing tickets, products, or services they accept, declare, and undertake in writing that they know;
a) All necessary information and contact addresses regarding the Seller,
b) all the features of the ticket and service purchased, as well as the total ticket/service price including all taxes and all additional costs, if any,
c) Information on payment, delivery, performance, and the resolution methods set out in the agreement regarding complaints,
d) contractual information regarding the possibility of making applications to the Consumer Court or the Consumer Arbitration Committee regarding dispute,
e) That there is no right of withdrawal in agreements for the delivery of goods whose protective elements such as packaging, tape, seal, package, etc. have been opened after delivery, and those whose return is not suitable in terms of health and hygiene, and in other cases specified in the agreement,
and consequently all the provisions in the agreement.
6.2. The Buyer accepts, declares and undertakes that they have read the preliminary information about the basic features, sales price, payment method and delivery of the product subject to the agreement on the website of the Seller and that they are informed and gave the necessary approval electronically.
6.3. Each product subject to the agreement is delivered to the Buyer or the person and/or institution at the address indicated by the Buyer, depending on the distance of the Buyer's residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the Buyer within this period, the Buyer reserves the right to terminate the agreement.
6.4. The seller accepts, declares, and undertakes to deliver the product subject to the agreement in complete matter, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, and the information and documents required by the business, if any, to carry out the work in accordance with the standards and legal regulations, free from all kinds of defects, within the principles of accuracy and honesty, to maintain and increase the service quality, to show the necessary attention and care during the performance of the business, to act with prudence and foresight.
6.5. The Seller may procure a different product of equal quality and price, by informing the Buyer and by obtaining their explicit consent, before the performance obligation arising from this agreement expires.
6.6. The Seller agrees, declares, and undertakes that if it cannot fulfill its contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, they will notify the situation the consumer in writing within 3 days from the date of becoming aware of this, and will return the total price to the Buyer within 14 days.
6.7. The Buyer accepts, declares, and undertakes that they will approve this Agreement electronically for the delivery of the product subject to the Agreement and that the Seller's obligation to deliver the product subject to the agreement shall expire if the product price subject to the agreement is not paid and/or canceled in the bank records for any reason.
6.8. The Buyer accepts, declares, and undertakes that after the product subject to the agreement is delivered to the Buyer or the person and/or institution at the address indicated by the Buyer, the Buyer will return the product subject to the Agreement to the Seller within 3 days at the Seller's expense in terms of shipping, if the price of the product subject to the agreement is not paid to the Seller by the relevant bank or financial institution as a result of the unfair use of the Buyer's credit card by unauthorized persons.
6.9. The Seller accepts, declares, and undertakes to notify the Buyer of the situation if the seller cannot deliver the product subject to the agreement within the period due to force majeure situations that develop beyond the will of the parties, that are unforeseen and unpreventable and/or cause delay in the fulfillment of the obligations of the parties. The Buyer is also entitled to demand from the Seller the cancellation of the order, the replacement of the product subject to the agreement with its precedent, if any, and/or the postponement of the delivery period until the force majeure is eliminated. In case the order is canceled by the Buyer, the product amount in the payments made by the Buyer with a credit card is returned to the relevant bank within 14 days after the order is canceled by the Buyer. The Buyer agrees, declares, and undertakes that the average process for the bank to reflect the amount returned to the credit card by the Seller to the Buyer's account may take 2 to 3 weeks, and since the reflection of the amount returned to the Buyer's accounts is entirely related to the bank transaction process, the Buyer cannot hold the Seller responsible for possible delays.
6.10. The buyer shall inspect the goods subject to agreement before receiving them; damaged and defective goods/services that are dented, broken, with torn packaging, etc. shall not be received from the shipping company. The received goods shall be deemed to be undamaged and intact. The responsibility of careful protection of the goods after delivery belongs to the Buyer. If the right of withdrawal is to be exercised, the goods should not be used. The invoice must be returned.
6.11. The Buyer declares and undertakes that the personal and other information provided while becoming a member to the Seller's website is true, and that the Seller will immediately indemnify all damages incurred due to the untruthfulness of this information, in cash and in advance, upon the Seller's first notification.
6.12. The Buyer agrees and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the website of the Seller. Otherwise, all legal and penal liabilities that may arise shall bind the Buyer completely and exclusively.
6.13. The Buyer may not use the Seller's website in a way that disrupts public order, violates public morals, disturbs and harasses others, for an unlawful purpose, and in a way that infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
6.14. Links to other websites and/or other content that are not under the Seller's control and/or owned and/or operated by other third parties may be given over the website of the Seller. These links are provided for the purpose of providing ease of navigation to the Buyer and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
6.15. The member who violates one or more of the articles listed in this agreement shall be personally, criminally and legally responsible for this violation and shall keep the Seller free from the legal and criminal consequences of these violations. Moreover, in the event that the incident is referred to the legal field due to this violation, the Seller reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
7. TERMS AND CONDITIONS REGARDING THE SALE OF TICKETS
7.1. The person purchasing the ticket declares and undertakes that they have purchased the ticket for their personal use only, without any commercial purpose, and that they will not use the ticket for any commercial business or activity, except with express written permission. The purchased ticket cannot be sold to third parties in any way, the ticket cannot be offered to be sold for an additional fee or in any other way; the purchased ticket cannot be used for promotional or other commercial purposes, including but not limited to advertising, contests, and drawings. Selling or attempting to sell the ticket for a price different from the price written on it constitutes a justifiable reason for the confiscation and/or cancellation of the ticket by the authorities, without any return or entitlement to other claims.
7.2. If it is determined that this rule is violated in any way, Istanbul Turizm ve Otelcilik A.Ş. reserves the right to unilaterally cancel the purchased tickets without prior notice, whether the ticket purchase is made using more than one card or using cards of the members of the same household.
7.3. Tickets are sold online. Tickets may be sold out, closed, or additional tickets may be put up for sale.
7.4. If the buyer chooses the “courier” option for the tickets they have purchased, they should make sure that the address information and the information of the person who will receive the delivery are correct in order not to have any problems with the delivery. The courier fee will be collected from the Buyer's credit card, provided that it is informed as “courier fee” during the purchase process. If the Buyer gives a delivery address outside of the delivery regions, delivery cannot be made. Mail Order Request Form or Delivery Form can be signed during delivery.
7.5. The responsibility of controlling and preserving the tickets belongs to the Buyer. It should be noted that tickets may become unusable due to damage from direct sunlight or heat and must be stored in a safe place. Seller is not responsible in any way for lost, stolen or destroyed tickets.
7.6. As a rule, all ticket sales are final. There is no right of withdrawal for the tickets purchased pursuant to Article 15 (g) of the Distance Agreements Regulation. In the event that the sold tickets are lost, stolen, damaged or destroyed in any way, no ticket replacement/new ticket printing or return will be made. The tickets sold are not canceled, changed or returned in any way after the sale process. In the case of returns by the Seller's own decision, the return amounts are limited to the return written on the purchased ticket, and it is not possible to demand any other price. In this context, the Seller does not take any responsibility.
In addition, the Buyer does not have the right to demand the return or deduction of the ticket price even if the facility and tickets cannot be used in the pandemic and epidemic processes due to all the local or national measures to be taken by the administrative and judicial authorities.
If they decide on a discount, return or improvement on their own decision, it will be notified to the Buyer by appropriate means.
7.7. Tickets and/or ticket purchase conditions are regulated in accordance with the Seller's rules. In case of violation of any of these rules and regulations or causing damage, discomfort, unlawful and/or criminal behavior, the Seller has the right to take the person out of the facility area or not to let them into the venue. A security search may be made from time to time in the area to ensure security. In addition, the Seller has the right to refuse to sell tickets to customers who do not have personal information, for security reasons or for other reasons. If the Buyer does not want their personal information to be shared with the Seller, the Buyer must carefully read the “Privacy Policy and Personal Data Policy”, which are an integral part of this agreement, before the order is completed and the ticket is purchased, since the Seller has the right to refuse the sale of tickets to the buyer. The Seller shall not be liable if the tickets cannot be sold to the Buyer due to the Buyer's unwillingness to share their personal information with the Seller.
7.8. Use of camera, mobile phone or recording equipment is subject to the rules and regulations set by the Seller.
7.9. The seller reserves the right to prohibit pets from being brought into the area.
7.10. The seller has the right to forbid the food and beverages brought by the customers into the venue from outside.
7.11. The seller does not take any responsibility for the personal belongings of the customers.
7.12. The Seller reserves the right to sell any ticket at a discount, without a discount, or not sell at all.
7.13. The seller reserves the right not to resell tickets in case they determine that the sold tickets have been shared with other people.
7.14. Istanbul Turizm ve Otelcilik A.Ş. is not under any other liability, commitment or responsibility regarding the tickets, other than the price written on the ticket and the related service price. The Buyer shall be deemed to have accepted, declared, and undertaken in advance that the Seller's responsibility is limited to this article and that they will not hold the Seller responsible, under any name, except for the liability limit in this article.
7.15. Commercial electronic messages within the scope of the agreement can be sent to the Buyer, provided that the Buyer's prior consent is obtained. In addition, the Buyer has the right to refuse to receive commercial electronic messages at any time without giving any reason. On the other hand, if the Buyer provides the contact information to be contacted, no separate approval will be obtained from the Buyer for the changes in the services provided and/or commercial electronic messages for use.
7.16. The text of this agreement is kept by the Seller's data after the conclusion of the agreement, and the Buyer can easily access its physical copy by printing out the agreement. Therefore, the terms of the agreement and the general trading conditions are easily provided and kept by the Buyer. The Buyer's access to the agreement will continue in direct proportion to the access to the site.
7.17. During the approval of the order and before entering the payment information, the Buyer clearly sees all the terms of the agreement, including the total price to be paid. Therefore, by purchasing the ticket and approving the order, the Buyer shall be deemed to have accepted the terms of this agreement, for this reason, the Buyer should carefully examine all agreement provisions before approving the order.
7.18. All of these terms and conditions are subject to Turkish Law. Istanbul Turizm ve Otelcilik A.Ş. has informed all consumers in advance about the terms and content of the agreement before purchasing the ticket, and by purchasing the ticket and approving the order, they will be deemed to have accepted that the Buyer has been informed about the arrangements of this agreement and that this article is a means of proof in the form of written evidence.
8. RIGHT OF WITHDRAWAL
8.1. Buyer may exercise their right to withdraw from the agreement by rejecting the goods in case the distance agreement is related to the sale of goods/products, on the condition of notifying the Seller within 14 (fourteen) days from the date of delivery of the goods/product to the person/institution at the address stated, without taking any legal or criminal responsibility and without giving any reason. In distance agreements related to service provision, this period starts from the date of signing the agreement. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service agreements where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the Seller. By accepting this agreement, the Buyer accepts in advance that they have been informed about the right of withdrawal.
8.2. In order to exercise the right of withdrawal, written notification must be sent to the Seller by registered mail, fax or email within 14 (fourteen) days and the product must not be used in accordance with the provisions of the “Products for which the Right of Withdrawal cannot be Exercised” regulated in this agreement. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the Buyer, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The Seller is obliged to return the total price and the documents that put the Buyer under debt within 10 days at the latest from the receipt of the withdrawal notice to the Buyer and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to the Buyer's fault or if the return becomes impossible, the Buyer is obliged to compensate the Seller's losses at the rate of their fault. However, the Buyer is not responsible for changes and deteriorations that occur due to the proper use of the goods or products within the right of the withdrawal period.
f) In case of falling below the campaign limit amount set by the Seller due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return underwear, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, products that are unsuitable for health and hygiene to be returned if their packaging is opened by the Buyer after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, except those provided under the Subscription agreement, services that are immediately performed in the electronic environment or intangible goods that are delivered to the consumer immediately, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the package has been opened by the Buyer. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
In order to return cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.), their packages must be unopened, untested, intact, and unused.
There is no right of withdrawal for museum tickets and hammam services purchased from the website pursuant to article (g) of the Regulation on Distance Contracts.
10. COMPETENT COURT
In the event of any dispute arising from this Agreement and/or service or ticket purchase transactions, the primary objective is to try to resolve the dispute amicably. On the other hand, in cases that cannot be resolved amicably, Buyers who purchase tickets, products or services from the site may take it to Consumer Arbitration Committees and/or Consumer Courts within the framework of monetary limits published in the legislation. It is also agreed that Istanbul (Çağlayan) Courts and Enforcement Offices will be authorized in all disputes arising from the agreement and that this provision is a provision in the nature of a “authorization agreement”.
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