Preliminary Information ~
Form
1. SUBJECT
The subject of this Preliminary Information Form is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection – Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) and the Regulation Amending the Distance Contracts Regulation published in the Official Gazette dated 23.08.2022 and numbered 31932, regarding the sale and delivery of the product(s) whose qualities and sales price are specified below, sold by the Seller to the Buyer/Customer. By accepting this Preliminary Information Form, the Buyer accepts in advance that if they approve the order subject to the contract, they will be under the obligation to pay the order amount and, if any, additional charges such as shipping cost and tax, and that they have been informed about this.
2. SELLER INFORMATION
Title: HARMONI KOZMETIK SANAYI VE TICARET A.Ş.
Address: Perpa Trade Center A Block, 5th Floor, No:183 Okmeydanı-Istanbul
Mersis Number: 0457-1316-7790-0001
Tax ID Number: 4571316779
Phone: +90 212 255 00 84
Fax: +90 212 255 00 96
E-mail: merhaba@jijivishacosmetics.com
Seller Complaint/Suggestion Channels: The company’s own website, e-mail address, and social media channels affiliated with the company.
3. BUYER INFORMATION (hereinafter referred to as BUYER)
Recipient:
Delivery Address:
Phone:
E-mail/username:
4. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
4.1 The basic features of the goods/product(s)/service (type, quantity, brand/model, color, number) are available on the Seller’s website. You can review the basic features of the product on the product page.
4.2 The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.
4.3 The total sales price of the Product or service, including all taxes, is shown in the table below.
Product Information:
Shipping Cost:
Payment Method and Plan:
Delivery Address:
Recipient:
Delivery Time: Maximum 30 days
Invoice Address:
Order Date:
5. GENERAL PROVISIONS
5.1. 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 on the Seller’s website, have been informed, and have given the necessary confirmation electronically. By electronically confirming the Preliminary Information, the Buyer accepts, declares, and undertakes that they have correctly and completely obtained the address to be given by the Seller, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information before the conclusion of the distance sales contract.
5.2. Each product subject to the contract shall be delivered to the Buyer or the person and/or organization at the address indicated by the Buyer within the period specified in the preliminary information section on the website, depending on the Buyer’s place of 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 contract.
However, in sales of Products/Services prepared in line with the Buyer’s requests or personal needs, the delivery period may exceed the said 30 (thirty) days. Also, for Products/Services whose order status is specified as “Pre-Order”, the delivery period may also exceed 30 (thirty) days, and the Buyer may not terminate the contract due to non-delivery within 30 (thirty) days when purchasing a Product/Service prepared in line with their requests or personal needs or in “Pre-Order” status.
The Seller sends and delivers the product to the Buyer through the shipping company. If there is no branch of the shipping company in the Buyer’s location, the Buyer must collect the product from another nearby branch of the shipping company notified by the Seller.
If the Buyer or the third person designated by the Buyer is not present at the address at the time of delivery, the Seller is not responsible for the Buyer’s late or non-receipt of the Product/Service and for any damages or expenses arising from this.
5.3. The Seller accepts, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, together with warranty certificates, user manuals, if any, free from all defects, in accordance with legal requirements, in compliance with standards, with the necessary information and documents required by the work, in accordance with the principles of accuracy and honesty, to maintain and improve service quality, to show the necessary care and attention during performance, and to act with caution and foresight.
5.4. The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining their explicit approval before the expiry of the performance obligation arising from the contract.
5.5. If the Seller cannot fulfill the obligations subject to the contract in case of impossibility of performance of the product or service ordered, they accept, declare, and undertake to notify the consumer in writing within 3 days from the date of learning and to refund the total price to the Buyer within 14 days.
5.6. The Buyer accepts, declares, and undertakes that they will confirm this Preliminary Information Form electronically for the delivery of the product subject to the contract, and that if the product price is not paid and/or canceled in the bank records for any reason, the Seller’s obligation to deliver the product subject to the contract will end.
5.7. If, after delivery of the product subject to the contract to the Buyer or the person and/or organization at the address indicated by the Buyer, the Buyer’s credit card is unfairly used by unauthorized persons and the price of the product subject to the contract is not paid to the Seller by the relevant bank or financial institution, the Buyer accepts, declares, and undertakes to return the product subject to the contract to the Seller within 3 days, with the shipping costs borne by the Seller.
5.8. If the Seller cannot deliver the product subject to the contract on time due to force majeure such as situations beyond the control of the parties, unforeseeable in advance, and preventing and/or delaying the fulfillment of obligations, they accept, declare, and undertake to notify the Buyer of the situation. The Buyer has the right to request cancellation of the order, replacement of the product subject to the contract, if any, with its equivalent, and/or postponement of delivery until the obstructive situation is eliminated. In case of cancellation of the order by the Buyer, in payments made by transfer/EFT, the product price is refunded in a lump sum to the Buyer’s bank account, to be provided by the Buyer, within 14 days. In payments made by credit card, the product price is refunded to the relevant bank within 14 days after the cancellation of the order by the Buyer. The Buyer accepts, declares, and undertakes that the average process for the reflection of the refunded amount by the bank to the Buyer’s account may take 2 to 3 weeks, and since the reflection of this amount to the Buyer’s accounts after the refund to the bank is entirely related to the bank’s transaction process, the Buyer cannot hold the Seller responsible for possible delays.
6. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
E-mail/username:
Invoice delivery: The invoice will be delivered to the invoice address together with the order at the time of delivery.
7. RIGHT OF WITHDRAWAL
7.1. In distance contracts regarding the sale of goods, the Buyer may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated, without any legal and penal liability and without giving any reason, provided that they notify the Seller. The Buyer is obliged to return the product subject to the contract to the Seller or the carrier designated by the Seller within 14 days from the date of exercising the right of withdrawal.
The withdrawal period starts on the day the contract is established in contracts regarding service performance; in contracts regarding delivery of goods, it starts on the day the consumer or the third person designated by the consumer receives the goods. However, the consumer may also exercise the right of withdrawal from the conclusion of the contract until the delivery of the goods. For the determination of the withdrawal period:
a) In orders consisting of more than one piece, the day the consumer or the third person designated by the consumer receives the last product,
b) In contracts where regular delivery of goods is made for a certain period of time, the day the consumer or the third person designated by the consumer receives the first product, is taken as a basis.
7.2. To exercise the right of withdrawal, written notification must be made to the Seller within 14 (fourteen) days by registered mail, fax, or e-mail, and the product must not have been used within the framework of the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” regulated in this contract. If this right is exercised:
7.2.1 The invoice of the product delivered to the third party or the Buyer (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced on behalf of institutions cannot be completed unless a return invoice is issued.)
7.2.2. Return form,
7.2.3. The box, packaging, standard accessories, if any, and other products given as gifts with the product to be returned, if any, must be delivered completely and undamaged.
7.2.4. The price of the product(s) for which the right of withdrawal has been exercised is refunded to the Buyer within 14 (fourteen) business days following their arrival at the Seller.
7.2.5. 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 damages in proportion to their fault. However, the Buyer is not responsible for changes and deterioration due to proper use of the goods/product during the withdrawal period.
7.2.6. If the withdrawal results in falling below the campaign limit set by the Seller, the discount amount benefited within the campaign will be canceled.
7.3. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The BUYER cannot exercise the right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose prices depend on fluctuations in financial markets and are beyond the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer’s wishes or personal needs.
c) Contracts regarding goods that may perish quickly or whose expiration date may pass.
d) Contracts regarding goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery, and whose return is not suitable in terms of health and hygiene.
e) Contracts regarding goods that are mixed with other products after delivery and cannot be separated by their nature.
f) Contracts regarding books, digital content, and computer consumables presented in material form, whose protective elements such as packaging, tape, seal, and package have been opened after delivery.
g) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
h) Contracts regarding accommodation, transportation of goods, car rental, supply of food and beverages, and leisure time for entertainment or rest, which must be performed on a certain date or period.
i) Contracts regarding services performed instantly in electronic environment or intangible goods instantly delivered to the consumer.
j) Contracts regarding services that have started to be performed with the consumer’s approval before the withdrawal period expires.
Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridge, ribbon, etc.) must be unopened, untested, unspoiled, and unused in order to be returned.
8. BUYER’S COMPLAINTS AND OBJECTIONS
If the Buyer has a complaint about the order and/or the product subject to the order and/or any matter related to the order, they may convey their complaints to the Seller through the contact information specified above. The complaints submitted will be immediately recorded by the Seller, evaluated by the authorized units, and an attempt will be made to resolve them, and the Buyer will be informed as soon as possible. In disputes arising from this contract, Turkish Courts are authorized, and Turkish Law will apply.
Within the borders of the Republic of Turkey, in disputes arising from this Contract; for disputes up to the value announced annually by the Ministry of Commerce, the Consumer Arbitration Committees in the place where the Consumer Transaction was made or where the Consumer resides shall be authorized, and for disputes above this value, the Consumer Courts in the place where the Consumer Transaction was made or where the Consumer resides shall be authorized.
9. For products whose sale is expected to be completed with official transactions before the official authorities in accordance with the relevant legislation, the Preliminary Information Form and Distance Sales Contract are in the nature of a preliminary protocol. The total price of these products, the payment method, will be specified in the Campaign Conditions and/or Product Descriptions, and the costs arising during the completion of official transactions related to the sale are not included in this price. Such costs will be paid by the Consumer during the execution of official transactions. These sales will be deemed completed upon payment of the total price by the Consumer to the Seller and the execution of official transactions before official authorities. In this context, provisions such as withdrawal right, shipping/delivery, and similar, which do not apply to these products, will not be valid.
SELLER: Jijivisha Cosmetics
BUYER:
DATE:
