Distant Sales Agreement

All users are deemed to have accepted that they have read and approved the sales agreement as soon as they complete their membership process.
Sales agreement
It is the Sales Agreement in the Virtual Environment between Bigdart and the Customer.
Terms and Conditions 
Article - 1

The subject of this contract is the Protection of Consumers numbered 6502 regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's website with the address “www.bigdart.com.tr” (“Website”). It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts published in the Official Newspaper dated 27.11.2014.
Article - 2
COMPANY INFORMATION
Bigdart (hereinafter referred to as "BIGDART" or "SELLER").
DAVUT TATAR
153103333076

M.NESİH ÖZMEN MAH. LİMON SOK. NO: 9 GÜNGÖREN/İSTANBUL

Phone: 0212 504 05 07
Fax: 0212 644 95 92

Product Return and Exchange Address :M.Nesih Özmen Mah.Fatih Cad.Limon Sok.No:9 Merter-Güngören-İstanbul
E-Mail:info@bigdart.com.tr
E-Mail:destek@bigdart.com.tr
Article - 3
 Buyer Informatıon
All members: All buyers who are members of Bigdart Company's e-commerce store www.bigdart.com.tr and the shop. (hereinafter referred to as buyer or customer).
Article - 4
SUBJECT OF THE CONTRACT AND PRODUCT INFORMATION:Goods/Products or Services; Type, Quantity, Brand/Model, Color, Number, Sale Price and Payment Method are as stated on the website, and these regulations may change without notifying the buyer.

Article - 5 
 GENERAL PROVISIONS

5.1. The BUYER, as stated on the Website is provided with preliminary information regarding the basic characteristics of the product subject to the contract, the sales price including all taxes, the method of payment, the delivery, the delivery period, the full trade name, full address, contact information of the SELLER and that the costs of the purchase will be borne by the BUYER. The Buyer declares that he/ she has read and accepted the terms and conditions by giving the necessary confirmation in electronic environment.

5.2. The SELLER is not responsible for any direct or indirect damages that may arise due to the use of the Website or mobile application and other data and programs, due to breach of contract, tort, or other reasons. As a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, malfunctions in the telecommunication lines, communication error, theft, destruction or unauthorized entry, modification or use of the records.

5.3. The SELLER reserves the right to change, reorganize and stop broadcasting any service, product, terms of use available on the Website and/or Mobile Application and the information presented on the Website and/or Mobile Application without any prior notice. Changes take effect on the Website and/or Mobile Application on the date of publication. The Company recommends the BUYER to visit the legal warning page each time they enter the Website and/or Mobile Application. These conditions also apply to other linked websites.

5.4. The Website and Mobile Application may contain links or references to other websites that are not under the control of the SELLER. The SELLER is not responsible for the content of these websites or any other links they contain.

5.5. The SELLER is the owner, or the licensee of the general appearance and design of the Website and Mobile Application, and all information, pictures, all kinds of brands, Website domain names, logos, icons, demonstrative, written, electronic, graphic or machine-readable forms on the Website and Mobile Application. The Seller is the owner or licensee of all (“Materials”) and related intellectual and industrial property rights, including technical data, computer software, applied sales system, business method and business model, and the Materials are under legal protection.  any Material on the Website and/or Mobile Application; It cannot be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented or distributed, including code and software, without prior permission and without reference. The whole or part of the Website and/or Mobile Application cannot be used on another website or mobile application without permission. In case of detection of any situation to the contrary, all other rights of the SELLER regarding civil and criminal liability that are not expressly stated here, will be taken into account.

5.6 The personal information of the BUYER can only be disclosed to the official authorities if this information is duly requested by the official authorities and in cases where it is obliged to make a statement to the official authorities in accordance with the provisions of the mandatory legislation in force.

5.7 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the SELLER's contracted cargo company within the period described in the preliminary information on the Website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed 30 days from the date of order. is delivered. MNG Kargo (MNG Kargo Lojistik ve Dağıtım Hizmetleri A.Ş.) is the contracted shipping company of the SELLER as of the date of approval of this Agreement.  

5.8 If the product(s) subject to the contract is delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to be delivered not accepting the delivery, and for any damages that may arise from this.

 5.9. The SELLER cannot be held responsible for the damages that may arise due to the errors and omissions of the Shipment company responsible for the shipping process during the delivery of the product(s) to the BUYER and/or the failure to deliver them to the BUYER.

5.10. The SELLER is responsible for the delivery of the contracted product(s) intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

5.11. If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the BUYER before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price, if available in the stock.

5.12. Regarding the unfair or unlawful use of the BUYER's credit card, debit card and other payment systems offered on the Website and Mobile Application by unauthorized persons after the delivery of the product(s) is not due to the BUYER's fault. If the bank or financial institution does not pay the price of the product to the SELLER, it is obligatory for the BUYER to return the relevant product to the SELLER within 3 (three) days, provided that it has been delivered to him/ her. Otherwise, the BUYER accepts and undertakes that all legal actions will be taken.

5.13. In the event where the product or service purchased by the BUYER is not in the stocks of the supplier company from which the SELLER receives service, and there is no equivalent product of equal quality and price, the SELLER reserves the right to return the price paid by the BUYER.

5.14. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to inform the BUYER of the situation. In this case, if the BUYER cancels the order, the amount paid will be paid to him/ her in a single payment within 14 (fourteen) days in accordance with the payment instrument used while purchasing the product(s).

5.15. For the payments made by the BUYER by credit card, the product(s) amount is returned to the relevant bank within 14 (fourteen) days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts, after the return to the bank, is entirely related to the bank transaction process, the BUYER will not be able to interfere in any way with the SELLER for possible delays and accepts that it may take an average of 2 to 3 weeks for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account. 

5.16. The SELLER reserves the right to cancel purchases that exceed the BUYER's needs through the Website. In the event that the purchases exceed 3 (three) products in wholesale purchases that exceed the BUYER's needs, the SELLER reserves the right to cancel the order completely or to send only 3 (three) products remaining within the retail purchase limit.

5.17. In the event where the transaction regarding the relevant amount in the purchases made by the BUYER with a credit card cannot be carried out due to 3 (three) incorrect password entries, the SELLER has the right to request all kinds of information and documents, including visual means, from the BUYER to confirm the identity and credit card information. . In the event that this information and documents are not provided by the BUYER, provided incompletely, or the information and documents provided and the order information do not match, the SELLER has the right to cancel the relevant order immediately and without any liability and compensation.

5.18. In case the product prices are written far below the market price, at a level that can be understood by the average person as a clear error, all orders placed according to this incorrect price have the right to be canceled by the SELLER. The BUYER accepts and declares that he/ she will not make any rights or claims due to an obvious mistake in such a case.

Article – 6: RIGHT OF WITHDRAWAL

 

The BUYER has the right to withdraw without having to show any reason within 14 (fourteen) days from the delivery of the product (s) subject to the contract to himself/ herself or the person / organization at the notified address. In case the right of withdrawal is exercised, the returned products must be returned with the shipping company agreed by the SELLER and announced to its customers on the website. The costs arising from the use of the right of withdrawal belong to the SELLER in case the product(s) are returned with the SELLER's contracted shipping company. 

If the product returned for any reason within the period is not sent with the shipping company agreed by the SELLER and notified to the BUYER, the shipping cost will be borne by the BUYER. In order to exercise the right of withdrawal, the buyer should send notification to the SELLER by fax, phone or e-mail within 14 (fourteen) days. Within the framework of the provisions of the article, it must be suitable for the use of the right of withdrawal and the product (s) can be offered for sale again by the SELLER. If this right is exercised, 

6.1. The invoice of the product delivered to the third party or the BUYER (the corporate invoice for the product to be returned) must be sent, together with the return invoice issued by the institution when returning the product. Return orders whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued. 

6.2. return form,

6.3. Within 10 (ten) days from the notification of the right of withdrawal, the products to be returned must be delivered to the SELLER's product return address specified in the first article, complete and undamaged, together with the box, packaging and standard accessories, if any. The SELLER shall return all payments made within the scope of the product to the BUYER within 14 (fourteen) days from the date on which the BUYER's right of withdrawal notification is received. 

When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product (in order to ensure consistency in the accounting records) must also be returned. On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the BUYER. If the invoice is not sent to the SELLER together with the product, or within 5 (five) days after the product is sent, the product will not be returned, and the product will be sent back to the BUYER with a counter payment. 

Article – 7: PRODUCTS  WHICH THE RIGHT OF WITHDRAWAL DO NOT APPLY TO

The BUYER cannot use the right of withdrawal within the scope of the following products within the framework of Article 15 of the Regulation on Distance Contracts published in the Official newspaper on 27.11.2014: 

7.1. Products related to goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the provider. 

7.2. Products related to the goods prepared in line with the requests or personal needs of the BUYER.

7.3. Products related to the delivery of perishable or expired goods, whose protective elements such as packaging, tape, seal, package have been opened after delivery; Products related to the delivery of those whose return is not suitable in terms of health and hygiene.

7.4. Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

7.5. Products related to books, digital content and computer consumables offered in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

7.6. Products related to the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.

7.7. Products related to accommodation, transportation, car rental, food and beverage supply, and entertainment or rest, which must be done on a certain date or period.

7.8. Services performed instantly in electronic environment or products related to intangible goods delivered instantly to the BUYER.

7.9. Products related to services that are started to be performed with the approval of the BUYER before the expiry of the right of withdrawal.

Article-8: AUTHORIZED COURT

Consumer Complaints and objections can be made to the Provincial and District Arbitration Committee for Consumer Problems, or to the Consumer Court in the place where the consumer buys the goods or services, or where he/ she resides, within the monetary limits determined by the Ministry of Customs and Trade every year in December.