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Terms of Service

Section 1- Overview

The subject of this contract is to define the rights and obligations of both parties (RG:27.11.2014/29188) following the Turkish Law No. 6502 on the Protection of Consumers and Regulations on Distance (Online) contracts regarding sales and delivery of the product(s)/service(s) whose quantities and prices will be specified later on; These products are to be sold to our CUSTOMER(s)/BUYER(s) on the SELLER’s website, www.papagiraffe.com. By accepting this contract, the BUYER agrees to be under the obligation to pay the order’s full price and, if any, any additional fees that have been informed and specified beforehand, fees such as shipping fee and tax. The buyer will also be agreeing to all the terms stated below.

 

Section 2- The SELLER’S Information

Company Name  : Papa Giraffe

Address                   : KIRKKONAKLAR MAH. 356 SK. NAYON NO: 5 IÇ KAPI NO: 10 ÇANKAYA/ ANKARA

E-Mail                       : info@papagiraffe.com

 

Section 3- The BUYER’s Information (Will be referred to as BUYER from now on)

Name/Surname/Company Name   :

Address                                                      :

Phone Number                                        :

E-Mail                                                          :

 

Section 4- Product(s) Information and Details

4.1 The basic features of the products, such as their type, the fabric used, printing features, colors, quantity, and sizes are all available on the SELLER’s website (www.papagiraffe.com)

4.2 The prices listed and announced on the website are the product’s selling price. Any advertised prices and/or promised prices are valid until they are updated/changed. Prices announced for a period of time are valid until the specified period is over.

 

Section 5- General Provisions

5.1 The BUYER accepts and declares that they have read the preliminary information about the basic characteristics of the products, the sale price, the available payment methods/conditions, and the delivery methods of the product subject to the contract on the SELLER’s website and that the BUYER is informed and provides the necessary confirmation in the electronic environment.

The BUYER hereby confirms the preliminary information electronically, accepts and declares that they have received the shipping information provided by the SELLER to the BUYER, confirming that the basic features of the ordered products, the price of the products (INCLUDING TAXES), the payment and delivery conditions are all correct and complete before the establishment of the Terms of Service contract.

5.2 Each product subjected to the contract is delivered to the person and/or the organization at the address indicated by the BUYER within the period specified in the shipping policies section on the website (www.papagiraffe.com), provided that it does not exceed the legal period of 30 (thirty) days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

5.3 The SELLER must deliver the product(s) subjected to the contract in full, in accordance with the qualifications specified upon ordering, with any warranty documents, and user manuals. The products will be free from all kinds of defects, and they will be in accordance with the quality standards, and the information and documents provided by the business, within the principles of accuracy and honesty. The BUYER accepts, declares, and undertakes to meet the above conditions.

5.4 The SELLER may provide a different product of equal quality and price; it may only do so by informing the BUYER beforehand and obtaining its explicit approval before the expiration of the contract.

5.5 In case the order or the service cannot be fulfilled the SELLER will be notifying the BUYER in writing within 3 (three) days of learning about the situation, whether through a text message or an e-mail, and the SELLER will be issued a total price refund within 14 (fourteen) days of said notice.

5.6 The BUYER confirms with the "Privacy Policy" and the "Return Policy" electronically for the delivery of the product(s) subjected to this contract, and that the SELLER's obligation to deliver the order to the contract will expire if the contractual product price is not paid for any reason and/or canceled in the bank records. If the SELLER has received the product before payment they hereby accept and take it upon themselves to return the product to the BUYER.

5.7 After the delivery of the order(s) to the BUYER at the address that was provided to the SELLER, if the BUYER’s payment has failed whether the credit card is not paid to the SELLER by the relevant bank or financial institution as a result of unfair use, the BUYER shall, within 3 (three) days after the notice provided to them, take it upon themselves to return the product(s) to the SELLER in a way that the shipping costs will belong to the BUYER.

5.8 The SELLER agrees to notify the BUYER if the product(s) subjected to in the contract cannot be delivered within the stated period due to force majeure, such as the occurrence of extraordinary circumstances that are beyond the will of both parties, including unpredictable delay of the fulfillment of their obligations. The BUYER also has the right to demand from the SELLER the cancellation of the order, or the replacement of it with a precedent, if any exists, or the postponement of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the order is paid to him in full within 14 (fourteen) days of cancelation. If the payment was made through a credit card, the order amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The average process of reflecting the amount refunded to the credit card by the SELLER to the BUYER's account by the bank may take from 2 (two) to 3 (three) weeks since the reflection of this amount to the BUYER's accounts after the change to the bank is entirely related to the bank transaction process; The BUYER agrees and declares that he will not hold the SELLER responsible for possible delays.

 

Section 6 – Billing Information

Payment method  :

Delivery address    :

Delivery Person       :

Billing address        :

Shipping cost          :

 

Invoice delivery: The invoice will be delivered to the billing address provided to the SELLER by the BUYER along with the order upon shipping, it may also arrive through e-mail, an electronic receipt.

 

Section 7 – Right of Withdrawal

7.1. BUYER; In relation to the terms of sale, within 14 (fourteen) days from the date of delivery of the order to the BUYER/organization at the address indicated, and provided that the SELLER is notified, he/she may use their right to withdraw from the contract by refusing the goods without any legal or criminal liability and without giving any reason. In relation to the terms of service, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the service is started with the approval of the BUYER, and the products included in the order are considered to be hygiene products. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that they have been informed about the right of withdrawal.

 

7.2 In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax, or e-mail within 14 (fourteen) days of the order arriving at the BUYER. Keep in mind that the product(s) are to stay unused, untested, unopened, and undamaged, within the framework of the "Products for which the Right of Withdrawal can be exercised". If this right is exercised the following is to be taken into consideration;

 

7.2.1 The order to the BUYER must be sent back with its invoice (in the case a corporate invoice has been issued or an exchange invoice issued by the SELLER when returning it). If the invoice (or RETURN INVOICE for order changes issued on behalf of the SELLER) is not sent, the exchange process will not be completed. This is only applicable for non-electronic receipts.

 

7.2.2 A return form has to be filled out by the BUYER and sent to the SELLER. This can be found on the SELLER’s website, www.papagiraffe.com.

 

7.2.3 The product(s) to be returned must be delivered complete and undamaged with their packaging, accessories if any, and anything extra that may have arrived with the order. It is the BUYER's responsibility to carefully pack the order in such a way that it will not be damaged in shipping and deliver it to the shipping facility where it will be delivered to the SELLER. The BUYER accepts in advance that they cannot use their right of withdrawal if they do not fully fulfill this obligation.

 

7.2.4 The SELLER is obliged to fulfill any wrong, damaged or missing product(s) from the BUYER’s order within 10 (ten) days of being informed by the BUYER. This obligation could be either by compensating them financially or by sending them the missing product(s).

7.2.5 If there is a decrease in the value of the goods or an occurring change that becomes impossible to deal with due to the BUYER's fault, the BUYER is obliged to compensate the SELLER's losses at the rate of the occurring change.

 

7.2.6. In the case a BUYER wishes to exercise the right of withdrawal or decided to make a change in it for any particular reason, and if the amount of the order falls below a special campaign limit that the SELLER has arranged, such as a bulk purchase, a discount/sale, free shipping, gift points or gift vouchers, the discount amount that was used by the BUYER throughout the special campaign will be canceled and only the order amount will be compensated for.

 

Section 8 – Products That Can Not Be Used with The Right of Withdrawal

8.1 Products for which the right of withdrawal cannot be exercised due to their nature:

  1. Orders for the product(s)/service(s) whose prices change depending on the fluctuations in the financial markets that are not under the control of the SELLER.

  2. Orders for the product(s)/service(s) prepared in line with the wishes or personal needs of the BUYER.

  3. Orders where the delivery of those product(s) whose exchange is unsuitable in terms of health and hygiene. As long as the order’s protective elements are not intact, such as the packaging, tape, seal, or tags have been opened/cut after delivery.

 

The BUYER accepts, declares, and undertakes that they have fully read and understood the terms of exchange within this contract and are under the obligation to follow its terms.

 

8.2 The SELLER can make appeals regarding complaints and objections to the arbitral tribunal or the consumer court for consumer problems to the place of residence of the BUYER or where the BUYER’s transaction is made, within the monetary limits specified in the law below. Information on the monetary limit is below:

The value in applications to be made to the Consumer Arbitration Committees for 2020 are as follows:

  1. District Consumer Arbitration Committees are for disputes that are less than 6,920 (six thousand nine hundred and twenty) Turkish Liras.

  2. Provincial Consumer Arbitration Committees are for disputes that are between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (thirteen thousand three hundred and ninety) Turkish Liras in provinces with metropolitan status.

  3. Provincial Consumer Arbitration Committees are for disputes that are under 10,390 (ten thousand three hundred and ninety) Turkish Liras in the centers of provinces that are not in the metropolitan status.

  4. Provincial Consumer Arbitration Committees are responsible for disputes between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras in districts of provinces that are not in the metropolitan status.

This contract has been made for commercial purposes.

 

The SELLER                                                                     The BUYER

PAPA GIRAFFE                                                                Name and Surname:

                                                                                          Date:

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