Customer Support

This Agreement governs the sale and delivery of the products/services that the BUYER (Consumer) wishes to purchase by placing an order through the SELLER’s e-commerce website https://www.dizaynella.com.tr ("WEBSITE"), including cases where the BUYER carries out transactions via the mobile application, and sets out the rights and obligations of the parties.

Article 1: PARTIES

SELLER	ELLA DİZAYN GİYİM SANAYİ VE TİC. LTD. ŞTİ.
Address	Merkez, Birahane Sk. No:7, 34381 Bomonti Şişli İstanbul
Phone	0850 ... / 05548952220
E-Mail	[email protected]

Article 2: SUBJECT OF THE AGREEMENT – PRODUCT, PRICE, PAYMENT AND DELIVERY

PRODUCT	UNIT PRICE (TL)	QUANTITY	TOTAL (TL)
Brand, Product, Color, Size, etc.	___ TL	_	___ TL
Gift voucher / Bonus credit used	___ TL
Shipping Fee	___ TL
ORDER PAYMENT TOTAL	_____ TL

Payment Method: Credit Card / Cash on Delivery etc.
Delivery Information: Delivery shall be made in line with the address and details provided by the BUYER.

Article 3: MATTERS ON WHICH THE BUYER HAS BEEN PRE-INFORMED

The BUYER has been informed prior to this agreement about important information such as seller details, product specifications, payment and delivery details...

Article 3- MATTERS ON WHICH THE BUYER HAS BEEN PRE-INFORMED

The BUYER acknowledges and agrees that, with respect to the matters listed below, prior to the establishment of this Agreement by the BUYER’s acceptance on the WEBSITE and before placing an order and/or entering into a payment obligation, the BUYER has been informed by viewing and reviewing all general and specific explanations on the relevant pages/sections of the WEBSITE. - The SELLER’s trade name and contact details and up-to-date identifying information, - The steps of the sales transaction during the purchase of the Product(s) from the WEBSITE and appropriate tools/methods for correcting incorrectly entered information, - The professional chamber to which the SELLER is affiliated (ITO–Istanbul Chamber of Commerce) and the electronic contact information through which the professional conduct rules envisaged by ITO can be obtained (Phone: 4440486, www.ito.org.tr), - The privacy, data use/processing and electronic communication rules applied by the SELLER for BUYER information and the permissions granted by the BUYER to the SELLER in these matters, the BUYER’s statutory rights, the SELLER’s rights and the procedures for exercising the parties’ rights, - Shipping restrictions foreseen by the SELLER for the Products, - The payment methods/tools accepted by the SELLER for the Product(s) subject to this Agreement, the basic characteristics/qualities of the Products, the total price including taxes (including relevant expenses and the total amount payable by the BUYER to the SELLER), - The procedures regarding delivery of the Products to the BUYER and information on transportation/delivery/cargo costs, - Other payment/collection and delivery information regarding the Products and information regarding performance of the Agreement, and the parties’ undertakings/liabilities in these matters, - Products and other goods/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 for exercising this right, and that the BUYER will lose the right of withdrawal if not exercised within due time, - For Products with a right of withdrawal, if the Product is damaged or altered due to not being used in accordance with instructions for use, normal operation or technical specifications during the withdrawal period, the BUYER’s withdrawal request may not be accepted and in any case the BUYER will be liable to the SELLER; in cases accepted by the SELLER, the SELLER may deduct (set-off) an amount deemed appropriate according to such damage or alteration from the refund to be made to the BUYER, - In cases where the right of withdrawal exists, how the BUYER can return the Products to the SELLER and all related financial matters (return methods, costs, refund of the Product price, and deductions/set-offs that may be made for reward points earned/used by the BUYER during the return, etc.), - If the BUYER is a legal entity, the BUYER cannot exercise “consumer rights”, including the right of withdrawal, for Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of this nature in any event), - Other sales terms included in this Agreement depending on its nature, and that after this Agreement is approved by the BUYER on the WEBSITE and thus established, it is sent to the BUYER via e-mail, so it can be stored by the BUYER for the period requested and accessed from there; the SELLER may also keep it for three years, - In the event of disputes, the contact information through which the BUYER can submit complaints to the SELLER and that the BUYER can make legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 4- RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. However, by law, there is no right of withdrawal for contracts regarding the following goods/services, even if unused/unconsumed:

a) Goods prepared in line with the BUYER’s special requests or personal needs (including those customized by modifications/additions, and special Products procured/imported domestically or from abroad upon the BUYER’s order) b) Perishable goods or goods that may expire, such as cosmetics and chocolate or similar food items
c) Goods such as cosmetics, swimwear, underwear products etc. whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health/hygiene reasons
d) Goods that are mixed with other products after delivery and cannot be separated by their nature
e) Books, CDs, DVDs, audio and video recordings, software and all kinds of digital content products and computer consumables whose protective elements such as packaging, tape, seal, package have been opened; vi) all services performed instantly in electronic environment and all intangible goods delivered instantly to the consumer
f) Goods or services whose price depends on fluctuations in financial markets and is not under the control of the seller/provider,
g) Periodicals such as newspapers and magazines, except those provided under a subscription agreement
h) Services to be performed on a specific date or period, such as accommodation, transportation of goods, car rental, food and beverage supply, and leisure time activities for entertainment or rest
i) Services whose performance has started within the withdrawal period with the BUYER’s approval, and
j) Other goods/services generally considered outside the scope of distance sales under the relevant legislation, and cases where the BUYER purchases for commercial/professional purposes. In cases where withdrawal is possible, the BUYER is legally responsible for changes and deterioration occurring if the Product is not used in accordance with its operation, technical specifications and instructions for use during the withdrawal period. Accordingly, if a change or deterioration occurs due to failure to use the Product in accordance with its instructions for use, technical specifications and operation until the withdrawal date, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a deduction is made from the refundable Product price proportional to the change/deterioration. In cases where the right of withdrawal exists, it is sufficient that the BUYER directs a clear notification of exercising the right of withdrawal to the SELLER within the legal 14-day period (by verbal/written notice to the contact addresses stated above). If this right is exercised within the period, the Product must be sent to the SELLER’s address above within a maximum of ten (10) days, at the BUYER’s expense. If an contracted cargo company is specified on the WEBSITE for product returns, the BUYER may send the Product from a branch within or outside the district where the BUYER is located, in which case no cost will be charged to the BUYER. For this return, the Product must be delivered complete and undamaged together with its box, packaging and standard accessories, if any. In addition, due to tax legislation, besides cases where the BUYER is legally required to issue a Return Invoice, the return section on the invoice to be returned with the Product will be filled in and signed. Returns of orders invoiced to institutions (legal entities) will not be accepted unless a Return Invoice is issued. "The address to which the Product will be returned: SELLER address / the address of the cargo company to which it is delivered for return." Provided that the above requirements are fulfilled by the BUYER, within 14 days from the date the withdrawal notice reaches the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER are refunded to the BUYER in a manner appropriate to the payment instrument used during purchase. The BUYER’s statutory rights/liabilities after the withdrawal period regarding the Products, and the SELLER’s contractual and statutory collection/set-off rights from the BUYER, including those regarding reward points, remain additionally available and valid.

ARTICLE 5 - SPECIAL TERMS TO BE APPLIED IN CASES WHERE THE BUYER EARNS REWARD POINTS WHILE PURCHASING THE PRODUCT SUBJECT TO THIS AGREEMENT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS 

5.1. In the presence of a current agreement/contract between the BUYER and the SELLER and an institution that provides reward points etc., enabling such points to provide discounts etc. in shopping on the SELLER’s WEBSITE, if the BUYER has earned such reward points due to this purchase pursuant to the SELLER’s agreement and the BUYER’s contract with the said institution, then in cases where a refund is to be made to the BUYER due to withdrawal, termination and/or order cancellation, the monetary value of the reward points earned, gifts and similar benefits obtained by the BUYER through this purchase shall be reclaimed from the BUYER. Namely; unless a different method is stipulated in the SELLER’s agreement with the relevant institution, this reclaim is made primarily from the BUYER’s other sufficient reward points available in the system of the said institution (excluding the points earned through this purchase); if not available, it is made by deducting (set-off) in cash from the amount to be refunded by the SELLER to the BUYER.
5.2. If the BUYER has made payment to the SELLER partially/fully using reward points etc. in the purchase of the Product subject to this Agreement, in cases where the Product is returned in a manner that the Product price is to be refunded to the BUYER under the relevant provisions of this Agreement, the reward points and similar benefits used by the BUYER at the SELLER during purchase may be returned to the BUYER (again as points), unless the SELLER has a different agreement with the relevant institution.
5.3. As a general rule, in cases where unfair earning or use of reward points is detected by the BUYER in any manner, the monetary value/amount of such reward points may be collected by the SELLER from the BUYER (from the credit card, in cash or by other lawful methods). This provision also applies to the price of goods gifted to the BUYER as a result of such a system.
5.4. Other matters regarding the earning and use of reward points and similar benefits are subject to the provisions of the agreements/contracts between the said institution and the BUYER and the SELLER; in relevant cases, the SELLER may exercise all rights/authorities specified both here and in those agreements/contracts in the name of and/or on behalf of the institution and/or other workplaces within the same system.
5.5. Cash payment claims in exchange for reward points, gift vouchers etc. earned from the SELLER or used at the SELLER shall not be accepted under any circumstances.
5.6. The SELLER accepts no liability for disputes between the BUYER and the institutions mentioned above and any material, legal, financial or non-financial consequences thereof; the above provisions remain valid and reserved.
5.7. The above provisions shall also apply by analogy to reward point earning and use by the Consumer directly from the SELLER, if any. All consumers who earn reward points from the WEBSITE/SELLER or use reward points etc. in payments to the SELLER thereby accept the above special terms as well.

ARTICLE 6 - SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND RULES REGARDING INTELLECTUAL-INDUSTRIAL RIGHTS

On the WEBSITE, the privacy rules/policy and terms whose current principles are stated below apply regarding protection of information, privacy, processing-use and communications and other matters. 6.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE are taken in the SELLER’s system infrastructure to the extent of today’s technical means, according to the nature of the information and transaction. However, since such information is entered from the BUYER’s device, the responsibility for protecting them on the BUYER’s side and preventing access by unauthorized persons, including taking necessary measures against viruses and similar harmful applications, belongs to the BUYER. 6.2. The SELLER may record, store in printed/magnetic archives, update when deemed necessary, share, transfer, assign, use and otherwise process the BUYER’s information obtained during membership and shopping on the WEBSITE, indefinitely or for the period to be foreseen, for all kinds of informational, advertising-promotional, promotion, sales, marketing, store card, credit card and membership applications and electronic and other commercial-social communications to be made for the SELLER and its successors. Such data may also be submitted to relevant Authorities and Courts when legally required. The BUYER has consented and authorized the use, sharing, processing of their existing and new personal and non-personal information within the scope above in accordance with personal data protection legislation and electronic commerce legislation, and to the sending of commercial and non-commercial electronic communications and other communications to them. 6.3. The BUYER may contact the SELLER at the communication channels specified and stop data use/processing and/or communications at any time. According to the BUYER’s clear notification, personal data processing and/or communications to the BUYER shall be stopped within the legal maximum period; additionally, if the BUYER wishes, except for those that must be legally retained and/or those that are possible, their information shall be deleted from the data recording system or anonymized so that identity cannot be determined. If the BUYER wishes, they may apply to the SELLER at any time via the above communication channels and obtain information on matters such as processing of personal data, persons to whom data is transferred, correction if incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result against them arising from analysis by automatic systems, and compensation for damages in case of unlawful processing. Such applications and requests shall be fulfilled within legal maximum periods, or may be rejected with the legal reason explained. 6.4. All intellectual and industrial rights and property rights regarding all information and content of the WEBSITE and their arrangement, revision and partial/complete use (except those belonging to third parties according to the SELLER’s agreements) belong to the SELLER. 6.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; such changes shall take effect as of the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods. 6.6. Other websites accessed via the WEBSITE are subject to their own privacy-security policies and terms of use; the SELLER is not responsible for any disputes and adverse consequences that may arise.

Article 7- GENERAL PROVISIONS

7.1. The Product subject to the Agreement shall be delivered to the BUYER or to the third person/institution at the address indicated on the WEBSITE, within the legal period not exceeding 30 days, in accordance with the principles stated below. The SELLER ships and delivers the Products via a contracted cargo company. If the cargo company does not have a branch where the BUYER is located, the BUYER must receive the Product from another nearby branch notified by the SELLER. Products in stock are delivered to the cargo company within a maximum of three (3) business days from the order date. However, if there are campaign Products in the same order, the end of the campaign is awaited and afterwards all Products in the order are delivered to the cargo company within a maximum of three (3) business days to be delivered to the person and address stated by the CONSUMER during ordering. Cargo companies deliver shipments received from the SELLER to BUYERS under normal conditions in an average of three (3) business days, depending on distance.
7.2. In general and unless expressly stated otherwise, delivery costs (shipping fee etc.) belong to the BUYER. Depending on campaigns carried out by the SELLER at the time of sale and whose conditions are announced on the WEBSITE, the SELLER may not reflect all or part of such delivery costs to the BUYER.
7.3. If the BUYER is not personally present at the address at the time of delivery and the persons at the address do not accept delivery, the SELLER shall be deemed to have fulfilled its obligation. If there is no one to receive delivery at the address, it is the BUYER’s responsibility to contact the cargo company and track shipment. If the Product is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible if the person/institution to be delivered is not present at the address or does not accept delivery. In such cases, all damages arising from the BUYER’s late receipt of the Product and expenses due to the Product waiting at the cargo company and/or return of the cargo to the SELLER also belong to the BUYER.
7.4. The BUYER is responsible for checking the Product upon delivery and, if they see a problem caused by cargo, for not accepting the Product and having a report prepared by the cargo company officer. Otherwise, the SELLER shall not accept liability.
7.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. In cash sales, if the Product price is not fully paid to the SELLER before delivery, and in installment sales, if the due installment is not paid, the SELLER may unilaterally cancel the agreement and may not deliver the Product. If, after delivery of the Product, for any reason, the bank/financial institution to which the credit card used belongs does not pay the Product price to the SELLER or requests the paid amount back, the Product shall be returned to the SELLER by the BUYER within a maximum of 3 days. If failure to pay the Product price is due to the BUYER’s fault or negligence, shipping costs shall be borne by the BUYER. The SELLER’s other contractual and statutory rights, including debt collection, remain reserved in any case, without accepting the return. For avoidance of doubt; in cases where the BUYER pays the sale price using credit card, installment card etc. owned at banks (including financing institutions), all facilities provided by these cards are credit and/or installment payment facilities provided directly by the issuing institution; product sales in which the SELLER collects the price in one go or in installments are not credit or installment sales for the parties of this Agreement; they are cash sales. The SELLER’s legal rights in cases legally considered installment sales (including the right to terminate the agreement and/or demand payment of the entire remaining debt with default interest if installments are not paid) remain reserved under the relevant legislation. In case of the BUYER’s default, default interest is applied monthly as foreseen by the applicable laws.
7.6. If the Product cannot be delivered within the legal maximum 30-day period due to extraordinary circumstances (such as adverse weather, heavy traffic, earthquake, flood, fire) outside normal sale/delivery conditions, the SELLER informs the BUYER regarding delivery. In such case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary circumstance.
7.7. If it is understood that the SELLER cannot supply the Product subject to the Agreement, the SELLER may, provided that it clearly informs the BUYER in a lawful manner within three (3) days from learning this situation and obtains verbal/written approval, supply another good/service of equal quality and price and shall be deemed to have fulfilled its commitment. The BUYER is free to give or not give such approval in every respect; in cases where approval is not given, contractual and statutory provisions regarding order cancellation (termination of the Agreement) shall apply.
7.8. In order cancellations and Agreement terminations, including withdrawals in accordance with the Agreement and law, if the Product price has been collected, it shall be refunded to the BUYER within a maximum of 14 days, without prejudice to the requirements of the rule below. Refund is made in a manner appropriate to the payment instrument used by the BUYER in paying the Product price to the SELLER. For example, in credit card payments, refund is also made to the BUYER’s credit card and the Product amount is refunded to the relevant bank within the same period after the BUYER cancels the order; since the reflection of this amount to the BUYER’s accounts after it is refunded to the bank is entirely related to the bank’s transaction process, the BUYER accepts in advance that the SELLER cannot intervene in any way or assume liability for possible delays (banks’ reflection of refunds to the BUYER’s account may generally take up to three weeks). The SELLER has and reserves set-off, discount and deduction rights arising from this Agreement and the law for the amount to be refunded. The BUYER’s statutory rights regarding cases where the Agreement is terminated by the BUYER due to the SELLER’s failure to perform remain valid and reserved.
7.9. The BUYER may communicate their requests and complaints regarding the Product and sale to the SELLER verbally or in writing by contacting the SELLER via the communication channels in the introduction of the Agreement.
7.10. Some of the matters written in Article 3 above may not be included in this Agreement due to their nature; however, they are included in the Pre-Information texts seen/approved by the BUYER on the WEBSITE and on the information pages/sections of the WEBSITE—according to relevance, sales steps or general.
7.11. Since they are sent to the e-mail address notified by the BUYER after acceptance, the BUYER may access and review the said information and this Agreement at any time by saving the said e-mail to their device. On the other hand, it is kept in the SELLER’s systems for three years.
7.12. In the resolution of any disputes arising from and/or regarding implementation of this Agreement, the SELLER’s records (including records in magnetic media such as computer and sound recordings) constitute evidence; the parties’ rights arising from mandatory legal regulations in this regard remain valid and reserved.

Article 8- BUYER’S LEGAL REMEDIES – COMPETENT JUDICIAL AUTHORITIES

In disputes that may arise from this Agreement, within the monetary limits determined and announced each year by the Ministry of Customs and Trade as required by law, Provincial and District Consumer Arbitration Committees are competent; in cases exceeding these limits, Consumer Courts are competent and authorized. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts at their own residence (domicile) or, if they wish, at the SELLER’s place of residence. The BUYER acknowledges and declares that they have read all conditions and explanations written in this Agreement and in the order/contract pre-information texts (on the WEBSITE) which form an integral part of it; that they have prior knowledge about all matters written in Article 3 of this Agreement including the basic characteristics/qualities of the Product(s) subject to sale, sale price, payment method, delivery conditions, the SELLER and all other preliminary information/information regarding the Product subject to sale, right of withdrawal, personal information-electronic communication and reward point conditions; that they have seen all of them electronically on the WEBSITE; and that by confirming/approving/accepting/authorizing all these electronically, they have ordered the Product and accepted the provisions of this Agreement. Both the said pre-information texts and this Agreement are also sent to the e-mail address stated above by the BUYER to the SELLER, and the said e-mail also includes confirmation that the order has been received together with the order summary.