This distance selling agreement herein has been prepared in accordance with the Regulation on Distance Contracts published in the Official Gazette dated November 27, 2014 and numbered 29188, and with reference to this regulation.
1. PARTIES
This Distance Sales Agreement (“Agreement”) herein has been concluded electronically under the terms and conditions set forth below between the (“BUYER”) whose address is specified in Article 6 and DEEM DEKORASYON TASARIM VE PAZARLAMA A.Ş. (“SELLER” – “friend no:4” – “Company”) located at Esentepe Mahallesi Ali Kaya Sokak No: 3/24 Şişli/İSTANBUL.
2. DEFINITIONS
In the application and interpretation of this Agreement, the terms listed below shall mean the following:
Agreement: This Distance Sales Agreement concluded between SELLER and BUYER,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
Code: Code on Consumer Protection (Tüketicinin Korunması Hakkında Kanun)
Customer: A natural or legal person who orders a product or service through the website or mobile application named (https://www.friendno4.com/ ) belongs to friend no:4
Minister: Minister of Commerce,
Ministry: Ministry of Commerce,
Parties: SELLER and BUYER,
Product or Products: Movable goods subject to purchase, immovable properties for residing or vacationing, and software, audio, video, and similar products prepared to use in electronic environments,
Regulation: Regulation on Distance Contracts.
SELLER: A natural person and/or legal entity, including public legal entities, that supplies goods to consumers for commercial or professional purposes, or acts on behalf of or for the account of the supplier of goods, and whose details are specified in Article 5 of the Agreement,
Service: The subject matter of any consumer transaction other than the supply or undertaking to supply of goods for a fee or other interest,
Website: Website which belongs to SELLER,
3. SUBJECT MATTER
This Agreement has been prepared in accordance with the Code on Consumer Protection No. 6502 and the Regulation on Distance Contracts. Parties hereby declares and acknowledges their rights and obligations arising from the Code numbered 6502 and applicable Regulations within the scope of this Agreement. Subject matter of this Agreement is to determine the rights and obligations of the Parties in accordance with the provisions of the Code and the Regulation regarding the sale and delivery of the product which features and total sales prices including taxes specified below and ordered via SELLER’s Website. The prices listed and declared on the Website are valid as the sale price of the product. The declared sales prices and informations shall remain valid until any amendments shall made. Promotional sale prices for a limited time shall valid only for the specified period. The availability of promotional products is limited to existing stock.
4. MATTERS THAT THE BUYER WAS DULY INFORMED PRIOR TO THE CONCLUSION OF THIS AGREEMENT:
4.1. BUYER, hereby declares that by accepting this Agreement via Website, has been reviewed, read and acknowledged and provided all general and specific information on the relevant Website pages, prior to the undertaking order and payment obligations.
i. SELLER Information: The SELLER's current business name, contact information, and MERSIS number are provided along with the available communication channels for customers to submit their complaints to support line such as a “happy customer service line.”
ii. Purchase Process: The steps for purchasing products via the website are presented in a clear and understandable manner. The necessary correction methods for incorrectly entered information are also provided to the user.
iii. Professional Organization and Code of Conduct: Information about the Istanbul Chamber of Commerce (İTO) to which the SELLER affiliated and the professional conduct rules stipulated by the İTO can be obtained via electronic communication information. (GSM: 444 0 488, www.ito.org.tr)
iv. Confidentiality and Data Policy: SELLER, shall keep the BUYER’s personal information confidential and declares the processing and using terms of data. BUYER’s permission and Parties’ rights and obligations shall be determined in this context.
v. Shipping Limitations: SELLER shall inform the possible shipping or delivery limitations for products beforehand.
vi. Payment and Product Information: Payment methods and instruments, basic features, sale price including taxes and relevant expenses, accepted for the relevant Products, shall be provided to the BUYER.
vii. Delivery: Detailed information on delivery methods of the Products and transportation and shipping expenses shall be provided to BUYER.
viii. Other Payment and Delivery Information: Parties obligations during the fulfillment of the Agreement and other information regarding payment and delivery shall be clarified.
ix. Products Without A Right of Withdrawal: There is no granted right of withdrawal for certain products and services; these products and services shall be clearly indicated.
x. Right of Withdrawal and Exercise: For products with right a of withdrawal, the terms, duration, and procedures for exercising this right shall be specified. In the event of not exercising the right within the specified period, BUYER’s such right shall be forfeit.
xi. Use of Product and Liability: For products with right of withdrawal, BUYER shall be liable for damages arising from non-compliance with product’s manual instructions or technical features. In the event of deterioration or replacement of the product, SELLER shall offset an amount deemed appropriate from the sale price, where such deduction is accepted by the SELLER.
xii. Refund Process and Expenses: Matters on refund methods expenses and sale prices and reward points regarding the products with right of withdrawal shall be explicitly clarified.
xiii. Promotions and Exclusive Offers: The terms and conditions (special conditions) for benefiting from the promotions granted on Website for a specific period shall be announced to BUYER.
xiv. Retention of the Agreement: This Agreement shall be sent by email after being accepted by the BUYER on the Website. The BUYER may retain it for as long as it wished; the SELLER shall retain it in their records for three years.
xv. Dispute and Complaint: BUYER shall raise its complaints before the SELLER and resort the legal remedies to District/City Consumer Arbitration Committees or Consumer Courts according to the Code.
The matters set forth in the above preliminary information are an inseparable part of this agreement and cannot be modified unless the parties shall be mutually and expressly agreed otherwise.
5. SELLER’S INFORMATION
Business Name: Deem Dekorasyon Tasarım ve Pazarlama A.Ş.
Address: Esentepe Mahallesi Ali Kaya Sokak No: 3/24 Şişli/İstanbul
Product Return Address: (Especially in the event of exercising right of withdrawal) Products shall be sent to Esentepe Mahallesi Ali Kaya Sokak No: 3/24 Şişli/İstanbul; contracted coruier company is (..)
MERSIS Number: 0272086642800001
Phone Number: +90 (212) 386 90 00
Fax : +90 0212 325 10 41
Customer Services Line: (…)
E-mail Address: info@friendno4.com
Return Courier Company: (…)
Customer Services Contact Information: BUYER could call SELLER’s Customer Service Line or contact us through our website by logging into your account.
6. BUYER’S INFORMATION:
Recipient :
Delivery Adress :
Phone Number :
Fax Number :
E-mail Adress/ Username :
7. CUSTOMER’S INFORMATION:
Recipient :
Delivery Adress :
Phone Number :
Fax Number :
E-mail Adress/ Username :
8. INVOICE INFORMATION:
Recipient :
Delivery Adress :
Phone Number :
Fax Number :
E-mail Adress/ Username :
Invoice Delivery: In the event of invoice and delivery addresses are the same, invoice shall be delivered with the product, however if the addresses are different invoice shall be sent via e-mail.
9. INFORMATION ON PRODUCT(S) SUBJECT TO THE AGREEMENT
9.1. The basic features of the Goods/Product/Products/Services (type, amount, brand/model, color, quantity) are listed on the SELLER's website. You may review the basic features of the product during the promotion period.
9.2. The listed and declared prices shall be valid as sale price. Declared prices and presented information shall remain valid until any amendments shall made. Prices offered for a specific period shall remain valid only for the specified period
9.3. Sale price including taxes of product or service that subject to the Agreement are given below:
Shipping Cost :
Total Price Including VAT :
Payment Method :
9.4. The shipping cost, which is the product delivery fee, and all other additional expenses such as taxes and customs duties shall be covered by the BUYER. In cases where the SELLER undertakes to cover the shipping costs of the product, in return the BUYER must fulfill the relevant condition. On the execution date of this Agreement, the courier company under contract with the SELLER is (…).
10. GENERAL PROVISIONS
10.1. The BUYER, acknowledges, declares and undertakes that the preliminary information on the website regarding the basic features of the product, sale price, payment methods and delivery information has been accessed, all necessary information is read and confirmed via online platform. BUYER, also acknowledges and declares that by confirming the preliminary information, information regarding addresses, basic features of ordered product, total sale price including taxes and details on payment and delivery, that is required to be provided by the SELLER prior to the conclusion of the distant sale agreement, has been clearly obtained without any omission.
10.2. Each product covered by the contract shall be delivered to the BUYER or to the person/entity at the address indicated by the BUYER within the period specified in the preliminary information section of the Website, depending on the BUYER's place of residence, as long as that this period does not exceed the 30-day legal period. In case of non-delivery within the specified period, BUYER has full right to terminate the Agreement. The dates indicated as the “estimated delivery date” on the Website are only estimates and do not constitute any spesific commitment. Products shall be delivered to the BUYER within 30 days at the latest, as specified in the law.
10.3. The SELLER undertakes to deliver the product that subject to the Agreement complete, in accordance with the specifications stated in the order, and, if applicable, with warranty certificates, user manuals, and any other information and documents required for the matter of course, without fault, in accordance with legal regulations, compliant with standards, based on the principles of good faith and honesty, and to maintain and improve service quality and during and exercise due care and diligence during the performance of the Agreement, and act with caution and foresight.
10.4. The SELLER may supply a substitute product of equal quality and price by informing the BUYER and obtaining their explicit consent before the period of the performance obligation arising from the Agreement expires.
10.5. The BUYER hereby acknowledges and agrees that for the delivery of the product Agreement shall be accepted in online platform and in the event of non-payment of the sale price for any reason or payment being canceled in the records of the bank/financial institutions SELLER’s obligation to deliver shall cease. Furthermore, even if a transaction failure code is sent by the bank or financial institution, the BUYER acknowledges, declares, and undertakes that the SELLER shall not be liable for any amounts paid to the SELLER.
10.6. The BUYER agrees, declares, and undertakes that in the event of the non-payment of sale price to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons after delivery of the product subject to the Agreement to the BUYER or to the person and/or entity at the address indicated by the BUYER, the BUYER agrees, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, shipping costs shall covered by the SELLER.
10.7. In the event of non-delivery of the product subject to the contract within the specified period due to force majeure circumstances beyond the control of the parties, unforeseeable and preventing or delaying the fulfillment of the parties' obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation. In this case BUYER shall has a right to request from the SELLER the cancellation of the order or a substitution with an equivalent product if available, or deferment of the delivery period until the force majeure ends. If the BUYER cancels the order, the product price shall be refunded in full within 14 (fourteen) days for cash payments. For payments made by credit card, the sale price shall be refunded to the relevant bank within 7 (seven) days after the cancellation request. The BUYER hereby acknowledges that it may commonly take 2 (two) to 3 (three) weeks for the bank to process the refund to the credit card in the account, and that this process is entirely depend on banks operations; consequently, the SELLER cannot be held liable for any possible delays.
10.8. The BUYER shall inspect the product/services subject to the Agreement before accepting delivery; the BUYER shall not accept delivery from the courier company of any damaged or product/services with fault, such as those that are dented, broken, or have torn packaging. The products/services received shall be deemed to be undamaged and has no fault. The obligation to protect the product/services with due diligence upon delivery lies with BUYER. If the right of withdrawal is to be exercised, products/services should not be used and also invoice shall be returned.
10.9. If the BUYER and the owner of the credit card used during the order are different individuals, or if a security issue related to the credit card is detected before delivery of the ordered product, the SELLER may request the BUYER to provide the identity and contact information of the credit card owner, the previous month's receipt for the relevant card, or a letter from the bank confirming that the card belongs to the BUYER. The order shall be suspended until the BUYER provides requested information and documentation. If the requested documents are not provided within 24 (twenty-four) hours, the SELLER shall has a right to cancel the order.
10.10. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate, and that the BUYER will immediately, in cash, and in full compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information upon the SELLER's first notification.
10.11.The BUYER hereby agrees and undertakes to comply with the provisions of the applicable laws and regulations when using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising shall be entirely and exclusively attributed to the BUYER.
10.12. The BUYER shall not use the SELLER's website in any way that disrupts public order, violates public morality, harasses or offends others, infringes the law, or abuses upon the material and moral rights of others. Additionally, shall not not engage in activities that prevent or hinder other members from using the services (such as spam, viruses, Trojan horses, etc.).
10.13. The Seller's website may contain links to other websites and/or content that are not under the Seller's control and/or are owned and/or operated by other third parties. Mentioned links are provided solely for the convenience of the BUYER and shall not constitute an endorsement of any website or the person operating that site, nor do they constitute any guarantee regarding the information contained on the linked website.
10.14. In an event of the violation of the provisions of this Agreement by the BUYER, criminal and legal liability arised from the violation shall assumed to BUYER. Furthermore, for such violation SELLER shall be held harmless from any consequences arising from such violation. Moreover, if the incident conveyed to the legal authorities as a result of the breach, the SELLER reserves the right to claim compensation from the BUYER for non-compliance with the provisions of the Agreement.
11. SPECIAL PROVISIONS
11.1. The SELLER may, at its sole discretion, organize various promotions for BUYERS on the Website at specific times and under conditions determined by the SELLER. In the event of BUYER’s exercising right of withdrawal or return of the purchased products, discounts and other benefits granted by promotion shall deducted from the amount to be refunded.
11.2. If the BUYER is eligible to benefit from more than one promotion on the same invoice, the promotions will not be combined; the BUYER may only benefit from one promotion. The BUYER hereby acknowledges, declares, and undertakes that it shall not make any claim in such a case.
11.3. The SELLER reserves the right to suspend, update, and change the terms of the promotions announced on the Website at any time. The BUYER is required and advised to review the campaign terms and conditions before each purchase made on the Website.
11.4. BUYER’s bank may organize promotions to offer a higher number of installments than selected number, and services such as installment deferral may be offered. These types of promotions are at the sole discretion of your bank, and if the SELLER is aware of them, information about the campaigns shall be provided on our pages. Starting from the credit card's billing date, the total order amount will be divided by the number of installments and applied on your credit card statement by your bank. The bank may not divide the installment amounts equally among the months, taking into account the fractional differences. The creation of your detailed payment plan is at the bank's discretion.
12. POLICY ON THE PROTECTION OF PERSONAL DATA, ELECTRONIC COMMERCE COMMUNICATION CONSENT, AND RULES REGARDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12.1. Processing of Personal Data and Its Purposes
Pursuant to the Personal Data Protection Law No. 6698 (“PDPL”), the personal data of the BUYER (name, surname, Turkish ID number, address, e-mail, phone number, date of birth, gender, invoice information, purchase history, payment methods (cash, credit card, etc.) and payment details (installment information, etc.), IP address information, website login and logout details, password and login credentials, log records, website or e-commerce visitor data and logs, data obtained through surveys and campaigns, website and mobile application usage/event details, campaigns or surveys participated in and their contents, reactions and actions regarding electronic commercial and other communications, and other personal data) are processed by Deem Dekorasyon Tasarım ve Pazarlama A.Ş. for the following purposes:
• Management of business operations
• Receiving suggestions for improving business processes
• Carrying out activities aimed at ensuring customer satisfaction
• Carrying out the processes for customer relationship management
• Carrying out product/service sales processes
• Conducting communication activities
• Managing marketing processes for products and services
• Carrying out advertising, campaign and promotion activities
• Conducting marketing analysis studies
12.2. Method and Legal Grounds for Processing Personal Data
Your personal data may be collected by the Company through its website, stores, call center, social media accounts, mobile applications, and other channels, either automatically or partially automatically, or in physical form.
Your data may be processed on the following legal grounds pursuant to Articles 5 and 6 of the PDPL
• Where your explicit consent is obtained,
• Where it is directly related to the establishment or performance of a contract,
• Where it is necessary for the Company to fulfill its legal obligations,
• Where processing is necessary for the legitimate interests of the Company, provided that it does not harm the fundamental rights and freedoms of the data subject.
12.3. Transfer of Personal Data
Your personal data may be transferred, in compliance with the PDPL and the relevant legislation, and only to the extent necessary for the purposes of processing, to the following parties:
• Suppliers: To cargo/shipping companies, payment institutions, banks, information technology infrastructure providers, and call centers for the purposes of shipment of orders, receipt of payments, and execution of logistics processes;
• Affiliates and business partners: For the conduct of campaigns, promotions, advertisements, and marketing activities aimed at improving customer experience and providing you with benefits;
• Authorized public institutions and organizations: To prosecutors’ offices, law enforcement authorities, tax offices, and other judicial or administrative bodies within the scope of legal obligations;
• Group Companies: To abroad, due to the Company’s servers being located overseas.
12.4. Electronic Commerce Communication Consent
Pursuant to Law No. 6563 on the Regulation of Electronic Commerce, by accepting this Agreement, the BUYER hereby expressly consents to receive commercial electronic messages from friend no:4 via SMS, e-mail, telephone calls, mobile notifications, and other electronic communication channels for the purpose of being informed about campaigns, promotions, offers, and updates.
The BUYER may withdraw this consent at any time without providing any justification. Upon withdrawal of consent, all commercial communications shall immediately cease.
12.5. Retention Period of Personal Data
Your personal data shall be retained for the period stipulated under the applicable legislation or for as long as required for the purpose of processing. Upon expiration of the retention period, your data shall be deleted, destroyed, or anonymized by the Company, either automatically or upon your request.
12.6. Rights of the Data Subject
Pursuant to Article 11 of the PDPL the BUYER has the right to:
• Learn whether their personal data are being processed,
• Request information regarding the processing of their personal data,
• Learn the purpose of processing and whether such data are used in accordance with the purpose,
• Learn the third parties to whom the data are transferred, whether domestically or abroad,
• Request the correction of incomplete or inaccurate data,
• Request the deletion or destruction of their data in accordance with the PDPL
• Request that such requests to be notified to third parties to whom the data have been transferred,
• Object to any result arising to their detriment through the exclusive analysis of data by automated systems, and
• Request compensation for damages incurred due to unlawful processing of personal data.
To exercise these rights, the BUYER may submit a request through the methods specified in the Personal Data Protection Clarification Text published on the Company’s website, using the current contact information provided therein.
12.7. Intellectual and Industrial Property Rights
The BUYER acknowledges that all trademarks, designs, logos, texts, visuals, drawings, product molds, and other intellectual and industrial property rights belonging to friend no:4 and Deem Dekorasyon Tasarım ve Pazarlama A.Ş. are the exclusive property of the Company. The use, reproduction, copying, sharing, distribution, or commercial exploitation of such rights by the BUYER or for the benefit of third parties without prior authorization is strictly prohibited.
12.8. INFORMATION NOTICE UNDER THE PERSONAL DATA PROTECTION LAW
Dear Visitors and Customers,
As Deem Dekorasyon Tasarım ve Pazarlama A.Ş., we attach great importance to the processing and preservation of your personal data in full compliance with the Personal Data Protection Law No. 6698 (“Law”). We would like to inform our customers regarding the purposes and methods of collecting, processing, and transferring personal data, as well as your rights arising under the Law.
1. Collection, Processing, Purposes, and Legal Grounds for Processing of Personal Data
Customer Membership Processes: Your personal data are collected verbally, in writing, or electronically through our website and/or during in-store physical purchase processes, including your Identity Information (Name-Surname, Date of Birth, Gender), Contact Information (Address, Phone Number, E-mail Address), and Other Information. Such data are processed for the purposes of Conducting/Auditing Business Activities, Receiving Suggestions for the Improvement of Business Processes, Carrying Out Activities for Customer Satisfaction, and Managing Customer Relationship Processes, based on the legal grounds that “the processing of personal data is necessary for the legitimate interests of the data controller, provided that such processing does not violate the fundamental rights and freedoms of the data subject” and “the processing of personal data is necessary for the establishment or performance of a contract to which the data subject is a party or in order to take steps at the data subject’s request prior to entering into such a contract.”
Shopping Transaction Processes: Your personal data are collected verbally, in writing, or electronically through our website and/or during in-store physical purchase processes, including your Identity Information (Name-Surname), Contact Information (E-mail Address, Phone Number, Address), Marketing Information (payment methods such as cash/credit card, payment details such as number of installments, purchase history and preferences), Financial Information (invoice details), and Transaction Security Information (IP address details, website login and logout details, password information, log records, website or e-commerce visitor data and logs). These data are processed for the purposes of Conducting/Auditing Business Activities, Carrying Out the Sale of Goods/Services, and Conducting Communication Activities, based on the legal grounds that “the processing is necessary for the performance of a contract to which the data subject is party” and “the processing is necessary for the purposes of the legitimate interests pursued by the data controller, provided that such processing shall not violate the fundamental rights and freedoms of the data subject.”
Marketing and Commercial Electronic Communication Processes: Your personal data are collected verbally, in writing, or electronically through our website and/or during in-store physical purchase processes, including your Identity Information (Name-Surname), Contact Information (Phone Number, E-mail Address), and Marketing Information (information obtained through surveys and campaigns, website and mobile application usage/event details, participation in and content of campaigns or surveys, and reactions/actions to commercial or other communications). These data are processed for the purposes of Carrying Out Marketing Activities for Products/Services, Carrying Out Advertising/Campaign/Promotion Activities, and Carrying Out Marketing Analysis Studies, based on your “explicit consent.”
2. To Whom and for What Purposes Personal Data May Be Transferred?
Suppliers: Your Identity Information and Contact Information may be transferred to suppliers for the purposes of Carrying Out Procurement Processes, Providing After-Sales Support Services, and Carrying Out Logistics Activities, based on the legal grounds that “the processing of personal data is necessary for the legitimate interests of the data controller, provided that such processing does not violate the fundamental rights and freedoms of the data subject” and “the processing of personal data belonging to the parties of a contract is necessary, provided that it is directly related to the establishment or performance of the contract.”
Authorized Institutions and Organizations: Your Identity Information, Contact Information, and Other Information may be transferred to authorized public institutions and organizations, including prosecutor’s offices, law enforcement authorities, and other judicial/administrative bodies, for the purposes of fulfilling our legal obligations and making official notifications. Such transfers are carried out based on the legal grounds that “the processing of personal data is necessary for the data controller to fulfill its legal obligations,” “the processing is necessary for the establishment, exercise, or protection of a right,” and “the processing is necessary for the legitimate interests of the data controller, provided that such processing shall not violate the fundamental rights and freedoms of the data subject.”
Affiliates and Subsidiaries: Your Identity Information, Contact Information, Marketing Information, and Transaction Security Information may be transferred to our affiliates and subsidiaries for the purposes of Carrying Out Activities Aimed at Ensuring Customer Satisfaction, Managing Customer Relationship Processes, Carrying Out Advertising/Campaign/Promotion Processes, and Conducting/Auditing Business Activities, based on the legal ground that “the processing is necessary for the purposes of the legitimate interests pursued by the data controller, provided that such processing shall not violate the fundamental rights and freedoms of the data subject.”
Transfer Abroad
Group Companies: We may transfer your Identity Information and Contact Information abroad due to the servers used by the Company being located outside the country, provided that you give your “explicit consent” to such transfer.
3. What Are Your Rights?
Pursuant to Article 11 of the Law, you may, at any time, submit an application for the exercise of your following rights in relation to your personal data processed by us:
a) To learn whether Deem Dekorasyon Tasarım ve Pazarlama A.Ş. processes your personal data and, if so, to obtain information regarding the categories of personal data being processed,
b) To request information regarding the purposes of the processing activities,
c) To learn the third parties, whether domestic or abroad, to whom Deem Dekorasyon Tasarım ve Pazarlama A.Ş. transfers your personal data,
d) To request the rectification of incomplete or inaccurate personal data, if any,
e) To request the deletion or destruction of your personal data in accordance with the Law,
f) To request notification to third parties to whom your personal data has been transferred, in cases where your personal data is rectified, deleted, or destroyed,
g) To object to the occurrence of any result to your detriment arising from the analysis of your personal data exclusively through automated systems, and
h) To request a copy of your personal data being processed.
Please note that your application must comply with the conditions set forth in the Communiqué on the Procedures and Principles of Application to the Data Controller.
4. Retention Periods of Personal Data
Our Shopping Website retains personal data for the period stipulated under the applicable laws and regulations, if such a period is prescribed.
In cases where no specific retention period is set forth in the applicable legislation, personal data are retained for the duration required to carry out the activity for which the data are processed, in line with the practices of our Shopping Website and the ordinary course of its commercial operations. Following the expiration of such period, the personal data are deleted, destroyed, or anonymized.
If the purpose of processing personal data ceases to exist and the statutory retention periods as well as those determined by our Shopping Website have expired, personal data may be retained solely for the establishment, exercise, or defense of a legal right, or for the purpose of providing evidence in potential legal disputes. In determining these retention periods, the statute of limitations applicable to the assertion of the relevant rights and previous instances of similar claims directed to our Shopping Website are taken into consideration.
In such cases, access to the retained personal data is strictly limited and provided only when necessary for use in the relevant legal dispute. Upon the expiration of these additional periods, the personal data are deleted, destroyed, or anonymized.
5. How Can You Exercise Your Rights Regarding Your Personal Data?
For any inquiries concerning the protection of your personal data, you may review the Clarification Text available on the website and contact us through the communication channels and methods specified therein to submit your requests.
Deem Dekorasyon Tasarım ve Pazarlama A.Ş. reserves the right to amend the Clarification Text whenever necessary. Any such amendments shall become effective immediately upon publication of the updated version on the website.
Data Controller: Deem Dekorasyon Tasarım ve Pazarlama A.Ş.
Address: Esentepe Mahallesi, Ali Kaya Sokak No: 3/24, Şişli / İstanbul
E-mail: info@friendno4.com
13. RIGHT OF WITHDRAWAL
13.1. In distance sales contracts concerning the sale of goods, the BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date on which the product is delivered to the BUYER or to the person/institution designated by the BUYER at the specified address, without providing any reason and without incurring any penalty. This right may also be exercised during the period between the conclusion of the contract and the delivery of the product. In order to exercise the right of withdrawal, the BUYER must notify the SELLER within the aforementioned period. Prior to accepting the distance contract or any corresponding offer, the BUYER acknowledges that, upon confirming the order, they will be under an obligation to make payment, and confirms that they have received clear and comprehensible information from the SELLER regarding the details of the contract in accordance with the applicable Regulation. The right of withdrawal may not be exercised in service contracts where the performance of the service has commenced with the consumer’s prior express consent before the withdrawal period expires. All costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.
13.2. To exercise the right of withdrawal, the BUYER may, within the 14 (fourteen) day period, send a written notice to the SELLER’s address stated above by registered mail with return receipt, fax, or e-mail. The right of withdrawal may only be exercised provided that the product has not been used within the scope of Article 14, titled “Products for Which the Right of Withdrawal Cannot Be Exercised.”
In the event that the right of withdrawal is exercised:
a) Invoice of the product delivered to the BUYER or the third party, (If the invoice of the returned product is issued in the name of a legal entity, a return invoice issued by that entity must also be sent. Returns of orders invoiced to legal entities cannot be completed unless a RETURN INVOICE is provided.)
b) Return form,
c) Products to be returned must be delivered in full, undamaged, and together with their boxes, packaging, and, if applicable, standard accessories.
d) The SELLER is obliged to refund the total amount, including any delivery costs if applicable, to the BUYER in a single payment within 14 days from the date on which the withdrawal notice is received. Upon exercising the right of withdrawal, the BUYER must return the relevant product to the SELLER within 10 days.
e) If a decrease in the value of the goods occurs or the return becomes impossible due to reasons attributable to the BUYER, the BUYER shall be liable to compensate the SELLER for the damages in proportion to their fault.
f) If, as a result of exercising the right of withdrawal, the total purchase amount falls below the threshold required for a campaign organized by the SELLER, any discounts or benefits granted under such campaign shall be canceled.
In cases where the BUYER exercises the right of withdrawal, or where the product subject to the order cannot be supplied for various reasons, or where a refund to the BUYER is decided by the consumer arbitration committee, the refund procedure for purchases made by credit card and in installments shall be as follows: If the BUYER purchased the product in installments, the Bank shall refund the BUYER in installments. After the SELLER makes a single payment to the Bank for the total amount of the product, in cases where installment payments were made through the Bank’s POS systems, the Bank shall transfer the refund amount to the BUYER’s credit card account in installments, so as to prevent any party involved from suffering a loss. If the BUYER has already paid one or more installments prior to the cancellation of the sale, and if the refund date does not coincide with the card’s account statement date, 1 (one) refund will be reflected on the BUYER’s card each month. Accordingly, after all sale installments have been completed, the BUYER will continue to receive monthly refunds equal in number to the installments already paid, and the refunded amounts will be deducted from the BUYER’s outstanding debt.
g) The withdrawal period shall commence on the day the contract is concluded for service contracts, and on the day the goods are delivered to the consumer or to a third party designated by the consumer for contracts concerning the delivery of goods.
However, the consumer may also exercise the right of withdrawal at any time between entering into the contract and the delivery of the goods. In determining the withdrawal period: For goods that are part of a single order but delivered separately, the period shall begin on the day the consumer or the third party designated by the consumer receives the last item; For goods consisting of multiple parts, the period shall begin on the day the consumer or the third party designated by the consumer receives the final piece; For contracts involving the regular delivery of goods over a specified period, the period shall begin on the day the consumer or the third party designated by the consumer receives the first delivery. Delivery of the goods to the carrier by the seller shall not be deemed delivery to the consumer. In contracts where the delivery of goods and the provision of services are performed together, the provisions regarding the right of withdrawal for the delivery of goods shall apply.
14. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to Article 15 titled “Exceptions to the Right of Withdrawal” of the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014, and within the framework of Article 6 of the distance sales contract electronically approved between the Parties, the product must be unused and suitable for resale by the SELLER. (However, the Consumer shall not be held liable for any changes or deterioration occurring as a result of the proper use of the goods in accordance with their operation, technical specifications, and user instructions within the withdrawal period.)
The BUYER may not exercise the right of withdrawal in the following contracts:
a) Contracts relating to goods or services whose prices are dependent on fluctuations in the financial markets and beyond the control of the SELLER,
b) Contracts relating to goods prepared in accordance with the consumer’s requests or personal needs,
c) Contracts relating to the delivery of goods that are liable to deteriorate rapidly or expire,
d) Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, or box have been opened after delivery, and which are not suitable for return due to health or hygiene reasons,
e) Contracts relating to goods which, after delivery, are mixed with other products and cannot be separated due to their nature,
f) Contracts relating to books, digital content, and computer consumables presented in tangible form where the protective elements such as packaging, tape, seal, or box have been opened after delivery,
g) Contracts relating to the delivery of periodicals such as newspapers and magazines other than those provided under a subscription agreement,
h) Contracts relating to accommodation, transportation of goods, car rental, supply of food or beverages, and leisure activities to be carried out on a specific date or during a specific period,
i) Contracts relating to services performed instantly in electronic form or intangible goods delivered instantly to the BUYER,
j) Contracts relating to services that have commenced with the BUYER’s approval before the expiry of the withdrawal period.
If the goods or services subject to the contract fall outside the scope of the Regulation on Distance Contracts (for example, goods, beverages, or other daily consumables regularly delivered by the SELLER to the BUYER’s residence, or services relating to travel, accommodation, catering, and entertainment sectors), the provisions of the said Regulation shall not apply to the legal relationship between the BUYER and the SELLER, and therefore the BUYER may not exercise the right of withdrawal.
15. RESOLUTION OF DISPUTES AND ALTERNATIVE DISPUTE RESOLUTION METHODS
15.1. Within the scope of this Distance Sales Agreement, the Consumer Arbitration Committees and the Consumer Courts located in the place where the BUYER purchased the goods or services and where the BUYER resides shall have jurisdiction up to the monetary limits determined by the Ministry of Trade. In cases where the dispute exceeds the specified monetary limit and falls directly under the jurisdiction of the Consumer Courts, it is mandatory to apply to a mediator before filing a lawsuit, and such application shall be deemed a prerequisite for bringing an action.
15.2. In accordance with the lower and upper monetary limits specified in paragraph 1 of Article 68 of the Law on the Protection of Consumers No. 6502, the district or provincial consumer arbitration committees shall have jurisdiction over consumer claims.
16. DEFAULT AND LEGAL CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that, in the event of default in transactions carried out by credit card, they shall pay interest and be liable to the bank in accordance with the credit card agreement concluded with the card-issuing bank. In such a case, the relevant bank may assert its rights through legal means and may claim from the BUYER all costs and attorney’s fees incurred. Furthermore, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any damages and losses that the SELLER may suffer as a result of delayed payment of the debt.
17. AGREEMENT ON EVIDENCE AND COMPETENT COURT
The records of the SELLER (including those kept in magnetic media such as computer or audio recordings) shall constitute conclusive evidence in the resolution of any disputes arising from and/or in connection with this Agreement and its implementation. The Parties agree that, for disputes arising from the interpretation or execution of this Agreement, the district or provincial Consumer Arbitration Committees located at the place of residence of the BUYER and the SELLER shall have jurisdiction within the monetary limits prescribed by the legislation, and in cases exceeding such limits, the Consumer Courts located at the place of residence of the BUYER and the SELLER shall be competent.
18. LIABILITY FOR DAMAGE
The SELLER shall be liable for any loss or damage occurring until the goods are delivered to the consumer or to a third party designated by the consumer other than the carrier. If the BUYER requests that the goods be sent through a carrier other than the one designated by the SELLER, the SELLER shall not be liable for any loss or damage that may occur after the goods have been delivered to the relevant carrier.
19. ENTRY INTO FORCE
Upon completion of the payment for the order placed through the Website, the BUYER shall be deemed to have accepted all the terms and conditions of this Agreement. The SELLER is responsible for implementing the necessary software arrangements on the Website to ensure that no order can be placed without obtaining the BUYER’s confirmation that they have read and accepted this Agreement, and the SELLER has duly implemented such arrangements.
SELLER INFORMATION: Deem Dekorasyon Tasarım ve Pazarlama A.Ş.
BUYER INFORMATION: