ARTICLE 1 : PARTY DETAILS
1.1 – SELLER
Company Name: TAYRADA ELEKTRONİK HİZMETLER VE TİCARET ANONİM ŞİRKETİ
MERSIS Number: 0833122808800001
Address: Mimar Sinan Mahallesi Atlas Çıkmazı Sokak No:6/68 Üsküdar/İstanbul
Telephone: +90 212 485 72 13
Email: [email protected]
This Agreement has been prepared to fulfil the requirement to conclude a contract for online sales under the Regulation on the Procedures and Principles for Implementing Distance Contracts, published in the Official Gazette dated 13.06.2003, No. 25137. Its provisions are set out below.
1.2 – BUYER
A person who registers as a customer on the shopping website https://ubbon.com/ or becomes a party to the sales agreement by ordering a product is referred to as the BUYER. The Seller relies on the delivery address and contact details provided by the Buyer.
ARTICLE 2 : DEFINITIONS
2.1 - BUYER: A natural person who acquires, uses or benefits from Goods or Services for purposes unrelated to trade or professional activities.
2.2 - Ministry: The Ministry of Trade of the Republic of Türkiye.
2.3 - Bank: Licensed institutions established under Banking Law No. 5411.
2.4 - Service: The subject of any consumer transaction, other than the supply of Products, performed or promised in return for a fee or benefit.
2.5 - Law: Consumer Protection Law No. 6502.
2.6 - Shipping Company: The contracted shipping or logistics company that delivers the Product to the Buyer and, during returns, collects it from the Buyer and delivers it to the Seller.
2.7 - Pre-Contract Information Form: The form prepared to inform the Buyer of the minimum information required by the Regulation before the Agreement is concluded or the Buyer accepts any corresponding offer.
2.8 - SELLER: The natural and/or legal person identified in Article 1.1 of the Agreement who supplies Products/Services to consumers for commercial purposes or acts in the name or on behalf of the supplier.
2.9 - Agreement: The Agreement concluded between the Seller and the Buyer.
2.10 - Product: The goods that are the subject of the purchase.
2.11 - Regulation: The Regulation on Distance Contracts.
ARTICLE 3 : PRODUCT AND DELIVERY INFORMATION
This Agreement has been prepared to fulfil the requirement to conclude a contract for online sales under Consumer Protection Law No. 4077 and the applicable Regulation on the Procedures and Principles for Implementing Distance Contracts.
The provisions of this Agreement govern the distance sales agreement concluded and/or to be concluded between the Seller and the Buyer, and the resolution of disputes arising from it.
Under this Agreement, the BUYER acknowledges and declares that they have been informed of the main characteristics of the products, their sales prices, payment method, delivery terms, all pre-contract information about the products, the right of withdrawal and return conditions, and that they confirmed this information electronically before ordering the products.
The type, quantity, brand or model, sales price and payment method of the product or products purchased electronically from the e-commerce website https://www.ubbon.com/, together with the recipient, delivery address, billing information and shipping fee, are as shown in the forms completed by the Buyer before purchase and in the order details.
The product delivery period is the period stated on https://www.ubbon.com/. Unless otherwise stated by the SELLER, shipping costs are not included in product prices.
ARTICLE 4 : GENERAL PROVISIONS
4.1 - The BUYER acknowledges and declares that they have read and understood all pre-contract information about the main characteristics, sales price, payment method and delivery of the product or products covered by this Agreement, and have provided the required electronic confirmation.
4.2 - The product or products covered by this Agreement will be handed over to the shipping company selected by the BUYER on the website within 30 days at the latest. This period may be extended by a maximum of 10 (ten) additional days, provided the BUYER is notified in advance. If the BUYER wishes to use a shipping company other than those specified by the SELLER, the SELLER is not responsible for errors, faults, unlawful acts or procedures, or similar issues caused by the shipping company selected by the BUYER.
4.3 - If the product or products covered by this Agreement are to be delivered to a person or organisation designated by the BUYER other than the BUYER, the SELLER cannot be held responsible if that person or organisation refuses to accept delivery.
4.4 - The SELLER is responsible for delivering the Product in good condition, complete and in accordance with the specifications stated in the order.
4.5 - If, after delivery of the Product to the BUYER or the person or organisation designated by the BUYER, the relevant bank or financial institution does not pay the SELLER because the BUYER's credit card has been used unfairly or unlawfully by unauthorised persons through no fault of the BUYER, the Product must be returned to the SELLER within 3 (three) days, provided it was delivered to the BUYER personally. The Product must be unused, undamaged, not consumed or reduced in quantity, suitable for resale and in unopened packaging. In this case, shipping costs are payable by the BUYER.
4.6 - If the SELLER cannot deliver the Product within the agreed period due to force majeure or extraordinary circumstances, such as adverse weather preventing shipment or transport disruptions, the SELLER must notify the BUYER.
In this case, the BUYER may choose to cancel the order, replace the Product with an equivalent product if available, or postpone delivery until the circumstances preventing delivery have ended.
The BUYER receiving this notification must inform the SELLER without delay of their chosen option. If the BUYER cancels the order, the amount paid will be refunded within 15 (fifteen) business days.
4.7 - Since instalment sales are only offered through bank-issued credit cards, the BUYER acknowledges, declares and agrees that they will separately confirm the applicable interest rates and default interest information with their Bank. Under applicable legislation, provisions on interest and default interest will apply within the scope of the credit card agreement between the relevant Bank and the BUYER.
Instalment transactions are subject to the relevant provisions of the agreement signed between the BUYER and the card-issuing Bank. Credit card payment dates are determined by the agreement between the Bank and the BUYER. The BUYER may also track the number of instalments and payments through the account statements sent by the Bank.
4.8 - For purchases of one or more products by BUYERS who are not consumers, the SELLER may cancel the Agreement (the entire order) or part of the order before delivery without giving a reason, even if the order has been placed and payment has been collected from the BUYER by credit card or another payment method.
The sales price paid by the BUYER may be refunded to their credit card or account in the same manner and through the same payment method used for payment. Crediting the refunded amount to the BUYER's account is the responsibility of the card issuer or account provider. The SELLER is not responsible for delays occurring after transferring the refund to that institution.
4.9 - The BUYER declares that they have read all terms and explanations in this Agreement and the order/agreement pre-contract information form, which forms an integral part of it. The BUYER confirms that they were informed in advance of all pre-contract information about the Product, including its main characteristics, sales price, payment method, delivery terms and the right of withdrawal. The BUYER further declares that they viewed and confirmed this information electronically at https://www.ubbon.com/, placed the order after accessing and approving all this information electronically, and accepted the provisions of this Agreement.
4.10 - The BUYER acknowledges and declares that, if they default on credit card transactions, they may be required to pay interest under their credit card agreement with the card-issuing Bank and will be liable to the Bank.
In this case, the relevant Bank may take legal action and claim the resulting costs and legal fees from the BUYER. In all cases of default, the BUYER acknowledges and declares that they will be responsible for any losses arising or potentially arising from late and/or incomplete payment of the debt.
4.11 - If the BUYER does not accept delivery of the Product/Service for any reason, the Product/Service will be considered returned by the BUYER. All payments collected from the BUYER, including any delivery costs, will be refunded within the statutory period.
4.12 - If the BUYER or a third party designated by the BUYER is not at the address at the time of delivery, the SELLER is not responsible for losses or costs arising from late receipt or non-receipt of the Product/Service.
4.13 - If it becomes impossible to supply the Product/Service, the SELLER must notify the BUYER in writing or through a durable medium within 3 (three) days of becoming aware of the situation. All payments collected, including any delivery costs, must be refunded within 14 (fourteen) days of the notification date at the latest.
A Product/Service being out of stock does not constitute impossibility of supplying the Product/Service.
4.14 - The BUYER must inspect the Product before accepting delivery and must not accept a damaged, defective or incomplete Product/Service, including items that are dented, broken or have torn packaging. A Product/Service accepted upon delivery will be considered undamaged and in good condition.
After delivery, the BUYER is responsible for taking proper care of the Product. If the right of withdrawal is to be exercised, the Product/Service must not be used and must be returned with its invoice and all other documents provided to the BUYER upon delivery, such as the warranty certificate and user manual.
4.15 - The BUYER is required to pay the amount due under this Agreement. The BUYER acknowledges, declares and agrees that, if this amount is not paid for any reason and/or the payment is cancelled in the Bank's records, the SELLER's obligation to deliver the Product/Service and all other obligations under the Agreement will end.
The BUYER acknowledges, declares and agrees that the SELLER bears no responsibility for payments made to the SELLER by the Bank despite the Bank having issued a transaction failure code for any reason.
4.16 - If, after delivery of the Product, the relevant Bank does not pay the SELLER because the BUYER's credit card has been unlawfully used by unauthorised persons, the BUYER acknowledges, declares and agrees to return the Product to the SELLER within 3 (three) days, with return costs payable by the BUYER.
4.17 - If a refund is due to the BUYER for any reason under this Agreement and the BUYER paid by credit card, the BUYER acknowledges, declares and agrees that the Bank may take an average of 2 (two) to 3 (three) weeks to credit the amount refunded by the SELLER to the BUYER's account. After the SELLER refunds the amount to the Bank, its appearance in the BUYER's account depends entirely on the Bank's processing. The Bank is responsible for any delays, and the BUYER cannot hold the SELLER responsible for them.
4.18 - If the BUYER and the holder of the credit card used for the order are different people, or a security issue concerning that card is identified before delivery of the Product/Service, the BUYER may be asked to provide the cardholder's identity and contact details, the previous month's statement for the card used, or a letter from the Bank confirming that the card belongs to the cardholder.
The order will be placed on hold until the BUYER provides the requested information/documents. If these requests are not fulfilled within 24 (twenty-four) hours, the SELLER reserves the right to cancel the order.
4.19 - The BUYER acknowledges and declares that confirming the order creates an obligation to pay for the Product being ordered/purchased. Once the order is completed, the Product delivered and the sales price paid, the BUYER is deemed to have irrevocably accepted all terms of this Agreement.
ARTICLE 5 : RIGHT OF WITHDRAWAL
5.1 – Withdrawal Period and Conditions
Under Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, the BUYER has the right to withdraw from the Agreement within 15 (fifteen) days of delivery of the goods to themselves or the person/organisation at the designated address, without giving a reason or paying a penalty.
5.2 – Exercising the Right of Withdrawal
To exercise the right of withdrawal, the BUYER must notify the SELLER within this period. The withdrawal notice may be given in writing or through a durable medium. The goods must not have been used beyond an ordinary inspection.
5.3 – Steps Following Withdrawal
When the right of withdrawal is exercised:
The BUYER must send the goods back to the SELLER within 15 (fifteen) days of sending the withdrawal notice.
The SELLER will refund the price of the goods and any delivery costs to the BUYER within 15 (fifteen) days of receiving the withdrawal notice.
5.4 – Return Conditions
Returned goods must remain suitable for resale and must be packaged as they were when received by the BUYER. Return requests will not be accepted if the products do not meet these conditions.
5.5 – Exceptions to the Right of Withdrawal
The right of withdrawal cannot be exercised for:
- Goods specially prepared according to the BUYER's requests or personal needs.
- Goods unsuitable for return for health or hygiene reasons if protective elements such as packaging, tape, seals or wrapping have been opened after delivery.
- Goods that become mixed with other products after delivery and cannot be separated due to their nature.
- Services performed instantly electronically or intangible goods delivered instantly to the consumer.
- Services whose performance begins with the consumer's consent before the withdrawal period ends.
- Underwear bottoms, for hygiene reasons.
5.6 – Returns of Damaged or Defective Products
If the ordered products are damaged or defective, the customer must refuse delivery, have a report prepared with the courier and take a photograph of the Product.
The report and photograph must be emailed to [email protected], or a written request must be submitted with the report and photograph to Mimar Sinan Mahallesi Atlas Çıkmazı Sokak No:6/68 Üsküdar/İstanbul.
After all documents have been reviewed, the price of the damaged or defective Product will be refunded to the customer.
ARTICLE 6 : NOTICES AND EVIDENCE AGREEMENT
All correspondence between the parties under this Agreement will be conducted through the email address specified in Article 1, except where legislation requires otherwise.
The BUYER acknowledges, declares and agrees that, in disputes arising from this Agreement, the SELLER's official books and business records, electronic information stored in its databases and servers, and computer records will constitute binding, conclusive and exclusive evidence. This article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 7 : PERSONAL DATA PROTECTION AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
7.1 - The SELLER will process personal data under this Agreement only for the purpose of providing the Product/Service and in accordance with Personal Data Protection Law No. 6698 (KVKK), secondary legislation and decisions of the Personal Data Protection Board.
The SELLER acknowledges, declares and agrees that it will not process the BUYER's personal data other than data accessed through https://www.ubbon.com/ and will not contact the BUYER externally through methods other than those provided through https://www.ubbon.com/.
7.2 - The BUYER acknowledges, declares and agrees that they are responsible for checking that personal data provided under this Agreement is accurate, complete and up to date, not sharing this information with third parties, taking necessary measures to prevent access by unauthorised persons, including protection against viruses and similar harmful applications, and ensuring the security of that personal data. Otherwise, the BUYER is personally responsible for resulting losses and claims from third parties.
ARTICLE 8 : JURISDICTION
For the implementation of this Agreement and disputes arising from it, Consumer Arbitration Committees have jurisdiction up to the monetary limit announced by the Ministry of Industry and Trade, together with the Consumer Courts at the BUYER's place of residence.
ARTICLE 9 : ENTRY INTO FORCE
This Agreement consists of 9 (nine) main articles and their subclauses. After the BUYER was given the opportunity to read and understand it and the parties read it, the Agreement was concluded and entered into force through the BUYER's electronic reading and approval.