Terms of service

DISTANCE SALES AGREEMENT

 

Article 1 - Parties

1.1. "Provider" or "Bakara Aydınlatma" or "other companies/persons selling on its behalf and account."

Trade Name: Bakara Aydınlatma İnşaat Turizm Sanayi ve Ticaret Anonim Şirketi

                             Tax No: 1320018049 ("bakara.com.tr", "bakara– Patent No: 2014/78004")

Address: Yolcuzade İskender Cad. Bakara İş Hanı No:32/A Şişhane/Beyoğlu/İstanbul
Mersis No: 0132001804900019

Phone: 02122545494

E-mail: bakara@hs01.kep.tr

1.2. "Buyer" is the person making a purchase from Bakara Aydınlatma.

Article 2 - Subject and Scope of the Agreement

2.1. The subject of this subscription agreement consists of determining the rights and obligations of the parties pursuant to the provisions of the relevant legislation, in particular the Consumer Protection Law No. 6502, regarding the sale of the service whose features and sale price are specified below, ordered electronically by the Buyer through the Provider's website at http://www.bakara.com.tr.

2.2. The parties acknowledge and declare that the preliminary information and terms of use on the http://www.bakara.com.tr site are integral parts of this agreement.

In the event the BUYER selects the in-store pickup delivery option from the Bakara Collection Store where the product was selected during ordering, the product will be delivered by the logistics company carrying out delivery to the selected Bakara Collection Store, to the delivery point selected by the BUYER, within the committed delivery time and in any case not exceeding the legal period of 30 (thirty) days, except for products specified as "Pre-Order" or "Made-to-Order" prepared upon the BUYER's request or personal needs as also enumerated in Article 6.1 of this Agreement. After the product is delivered to the pickup point, the BUYER will collect the product within a maximum of 7 business days, between 09:00 and 19:00, using the code sent to the phone number/e-mail address provided/registered by the BUYER on the WEBSITE. If the BUYER does not collect the product within this period, the product shall be deemed returned and the product price shall be refunded to the credit card/bank account used to place the order. In the case of installment payments, the SELLER pays the entire product price to the bank where the BUYER made the payment in a single transaction. This amount will be refunded by the Bank in the number of installments selected by the BUYER during the order. The bank's process of reflecting the refund to the BUYER's account may take up to three weeks. After this amount is refunded by the SELLER to the Bank, its reflection in the BUYER's account is related to the Bank's transaction process, and any delays in this process are not the responsibility of the SELLER.

The BUYER may call Customer Service at 02122703373 and submit written notice to destek@bakara.com.tr to obtain information about orders and submit complaints.

 

Article 3 - Rights and Obligations of the Parties

3.1. The description, sale price, payment method and invoice information of the service obtained electronically are as displayed on the Site, and these will also be sent to the Buyer by e-mail. The Buyer irrevocably acknowledges, declares and undertakes that the information provided is accurate and complete.

3.2. The Buyer shall be liable for any damages of any kind that may arise vis-à-vis the contracting parties or third parties, and any liability that may arise, due to such information being inaccurate or incomplete.

3.3. The invoice for the service fee shall be issued in the name of the Buyer, who is a party to this agreement.

3.4. The Buyer acknowledges and declares that he/she has been informed clearly, comprehensibly and in a manner suitable for the internet environment, and has confirmed electronically, all information required under the agreement, including but not limited to the Provider's title, full address, phone and other contact information, the features of the service subject to sale, the sale price including taxes, payment method and expenses, and the official authorities to which complaints and objections may be conveyed.

3.5. Once the Buyer places an order and the Provider confirms it, the Buyer is obligated to pay the determined fee using the agreed payment method.

3.6. The services that may be obtained from the Provider by the Buyer are the products offered for sale on Bakara Aydınlatma's website. 

3.7. The Provider may at any time change or remove the services and content offered on the Site, without prior notice.

3.8. The Provider accepts that the information and age declared in writing by the Buyer with this agreement are accurate. The Provider may, if needed, request documents from the Buyer to verify the information and age declared by the Buyer. If the Buyer has misrepresented his/her information and age, the Seller has the right to terminate this Agreement immediately and cancel all products assigned to the Buyer.

3.9. The Buyer acknowledges and undertakes that he/she is over 18 years of age and shall not in any way allow anyone under 18 years of age to benefit from the obligations under this agreement.

 3.10. Merchants, tradespeople or other legal entities may not benefit from the products/services that Bakara Aydınlatma sells through the Website. These have been added to the Website solely for the use of individual users. If a contrary situation is identified, this Agreement shall be terminated by Bakara Aydınlatma and the sales assigned to the Buyer shall be cancelled.

Article 4 - Right of Withdrawal
The BUYER has the right to withdraw from this Agreement within 30 (thirty) days from the date the Product is received, without giving any reason and without paying any penalty.

The BUYER conveys the notice of exercising the right of withdrawal to the Seller via the "Create Return Request" option in the "My Orders" section of the website. After receiving the BUYER's withdrawal declaration, the Seller provides confirmation to the BUYER that the notice has been received.

However, by law, there is no right of withdrawal in agreements concerning the following goods/services, even if not used/benefited from:

Goods prepared in line with the BUYER's special requests or personal needs (including those that have been customized for a person/personal needs through modifications or additions, and special Products imported/procured from within or outside the country in response to the BUYER's order)

Goods or services whose price varies depending on fluctuations in financial markets and that are not under the seller/provider's control

Services for which performance has begun within the withdrawal period with the BUYER's approval, and

in general, other goods/services accepted as outside the scope of distance sales pursuant to relevant legislation, as well as cases where the BUYER makes purchases for commercial/professional purposes.

In cases where the right of withdrawal can be exercised, the BUYER is liable by law for any changes and deteriorations occurring if the goods are not used in accordance with their operation, technical specifications and instructions for use during the withdrawal period. Accordingly, if any change or deterioration occurs due to the Product not being used in accordance with the instructions for use, technical specifications and operation in the period up to the withdrawal date, the BUYER may lose the right of withdrawal.

In cases where there is a right of withdrawal, it is sufficient that the BUYER directs an explicit notice of exercising the right of withdrawal to the SELLER within the 30 (thirty) day period (sent verbally/in writing or via the system to the contact addresses specified above). If the said right is exercised within the period, the BUYER is obligated to deliver the Product within ten (10) days at most to the carrier designated by the Seller for shipment to the SELLER's address above. The BUYER may send the product from a branch of the contracted courier company designated by the SELLER, located within or outside the District where he/she resides, for product returns specified in the Distance Sales Agreement and/or Preliminary Information Form. However, if there is no branch of the courier company designated by the SELLER in the BUYER's location, the BUYER may send the Product via any courier company.

In this return process, the Product must be delivered complete and undamaged together with its box, packaging and any standard accessories. For orders where the balance on a Return card or gift card has been used, a refund equal to the amount paid with the Return card or gift card will be made to the Return card or gift card depending on the card used.

In addition, pursuant to tax legislation, in cases where the BUYER must legally issue a Return Invoice, as well as on the invoice that will be returned together with the Product, the section regarding the return specified below shall be filled out and signed. Order returns whose invoices are issued in the name of corporations (legal entities) will not be accepted unless a Return Invoice is issued.

Provided that the BUYER fulfills the matters specified above regarding the right of withdrawal and conveys notice of exercising the right of withdrawal to the SELLER within the period specified above and in accordance with legislation, within 14 days from the date the withdrawal notice reaches the SELLER, the Product price and, if any, the Product's delivery costs to the BUYER shall be refunded to the BUYER in a manner suitable for the payment instrument used at the time of purchasing the Product. However, in the case of multiple orders, if some of the products in a multiple order are cancelled/returned, delivery costs will not be refunded to the BUYER; if all products are cancelled/returned by the BUYER, delivery costs will be refunded to the BUYER.

If the Seller considers that performance of the goods/services has become impossible, it shall notify the BUYER in writing or by durable data storage within 3 (three) days from the date it becomes aware of this situation. In this case, all payments collected, including the price paid and any delivery costs, shall be refunded to the credit card/bank account used by the BUYER for the order within 14 (fourteen) days from the notification date. In the case of installment payments, the SELLER pays the entire product price to the bank where the BUYER made the payment in a single transaction; this amount will be refunded by the Bank in the number of installments selected by the BUYER during the order. The bank's process of reflecting the refund to the BUYER's account may take up to three weeks. After this amount is refunded by the SELLER to the Bank, its reflection in the BUYER's account is related to the Bank's transaction process, and any delays in this process are not the responsibility of the SELLER.

In case of product return through a Bakara Collection Store, after accepting the return conditions of the Store via www.bakara.com.tr, the BUYER will deliver the product to the Selected Bakara Collection Store with the return code received, within the 7 days during which the return code is valid, between 09:00 and 19:00, in accordance with the conditions confirmed electronically (the cargo being completely closed and packaged, and the name-surname, Turkish ID number, and phone number being completely written on the return package). Returns of products that are not returned within the 30-day withdrawal period and/or are defective/with hidden defects are not accepted at any Bakara Collection Store. Exchange requests for these products may only be made at Bakara Collection stores; exchange requests will be evaluated within the framework of consumer rights arising from the Consumer Protection Law.

Article 5 - Rules Regarding Security-Privacy, Personal Information, Electronic Communications, and Intellectual-Industrial Rights

The privacy rules-policy and conditions whose current principles are specified below apply to the protection, confidentiality, processing-use of information on the WEBSITE, and to communications and other matters.

5.1. The necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken in the SELLER's system infrastructure, in accordance with current technical means and according to the nature of the information and transaction. However, since this information is entered from the BUYER's device, the BUYER is responsible for taking the necessary measures, including those relating to viruses and similar harmful applications, to protect this information on the BUYER's side and prevent access by unrelated persons.

5.2. The BUYER may at any time stop data use-processing and/or communications by reaching the SELLER through the specified communication channels, or by reaching out through the same channels in accordance with legal procedure or by exercising the right to opt out in the electronic communications sent to him/her. According to the BUYER's explicit notice on this matter, personal data processing and/or communications to the BUYER are stopped within the legal maximum period; furthermore, if requested, information other than that which must be legally retained and/or is possible to retain will be deleted from the data recording system or anonymized so that the identity is unknown. If the BUYER wishes, he/she may at any time apply to the SELLER through the contact channels above and obtain information on matters such as transactions related to the processing of personal data, the persons to whom they were transferred, correction in case of incomplete or incorrect information, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result emerging against him/her by analysis through automated systems, and remedy in case of damage due to unlawful processing of data. Applications and requests on these matters will be fulfilled within the legal maximum periods or may be declined with the legal grounds explained.

5.3. All intellectual-industrial rights and ownership rights regarding all information and content of the WEBSITE and their arrangement, revision, and partial/total use belong to the SELLER, except those belonging to other third parties pursuant to the SELLER's agreement.

5.4. The SELLER reserves the right to make any changes it deems necessary on the matters above; these changes become effective from the moment they are announced by the SELLER on the WEBSITE or through other appropriate methods.

5.5. The privacy-security policies and terms of use belonging to other sites accessed through the WEBSITE apply to those sites; the SELLER is not responsible for any disputes that may arise or their adverse consequences.

Article 6 - General Provisions

6.1. The Product subject to the Agreement is delivered to the BUYER or to the third person/organization at the address indicated on the WEBSITE within the committed delivery period and in any case not exceeding the legal period of 30 (thirty) days, on the principles set out below and in Article 2 of this Agreement. However, for Products prepared in line with the Buyer's request or personal needs, the delivery time may exceed the relevant 30 (thirty) days. In this context, for Products specified as "Pre-Order" or "Made-to-Order" prepared in line with the BUYER's request or personal needs, the delivery period may exceed 30 (thirty) days. Therefore, when the Buyer purchases a Product with "Made-to-Order" or "Pre-Order" status, failure to deliver within 30 (thirty) days shall not be considered a breach of the Agreement, and accordingly the BUYER cannot terminate the Agreement on this basis.
The SELLER sends and has the Products delivered through its contracted courier company. If this courier company does not have a branch in the BUYER's location, the BUYER must collect the Product from another nearby branch of the courier company, notified by the SELLER.

6.2. In general, and unless explicitly stated otherwise, delivery costs (shipping fees, etc.) are payable by the BUYER. The SELLER may not pass on all or part of these delivery costs to the BUYER, depending on the campaigns it conducts at the time of sale and whose terms are announced on the WEBSITE. In all cases where the right of withdrawal is exercised for all or some of the products subject to the order, where the BUYER has received a discount or, in the same nature, free (gift) products by shopping at the minimum amount of any SELLER campaign, or has earned/used gift vouchers, etc., if as a result of exercising the right of withdrawal for all or some of the products subject to the order the said minimum amount has been undercut or in any way the conditions for earning/using gift vouchers, etc. have been removed, thereby breaking/not complying with the conditions for benefiting from the campaign / earning or using conditions in general terms by the BUYER, the entire amount of the said discount/rebate (and the gift product price, if any) shall be deducted from the amount to be refunded to the BUYER, and where insufficient, shall be collected from the payment instrument (including credit card, etc.) used during the BUYER's purchase; if the BUYER has earned (virtual/physical) gift vouchers, points, etc. due to the purchase, these shall be cancelled, and if (virtual or physical) gift vouchers, points, etc. have been used, the entire amount shall again be deducted from the amount to be refunded to the BUYER, and where insufficient, shall be collected as above. These provisions apply, in addition to cases where the right of withdrawal is exercised, in the same way to all other cases where a product return is in question, except for defective products.

6.3. If the BUYER is not personally at the address at the time of delivery of the Products and the persons at the address do not accept delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive delivery, it is the BUYER's responsibility to contact the courier company and follow up on the shipment of the products. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization is not at the delivery address or does not accept delivery.
In these cases, all damages arising from the BUYER's late receipt of the Product, as well as expenses incurred due to the Product waiting at the courier company and/or the cargo being returned to the SELLER, are also payable by the BUYER.

6.4. The BUYER is responsible for inspecting the Product upon receipt and, if a problem caused by the cargo is observed in the Product, for not accepting the Product and having a report drawn up by the courier company official. Otherwise, the SELLER will not accept responsibility.

6.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. If the Product price is not fully paid to the SELLER before delivery in cash sales, or if the installment due is not paid in installment sales, the SELLER may unilaterally cancel the agreement and may not deliver the Product.
If, for any reason after delivery of the Product, the Bank/financing institution to which the credit card used belongs does not pay the Product price to the SELLER or demands the return of the price paid, the Product is returned to the SELLER by the BUYER within 3 days at most. If non-payment of the Product price arises from a fault or negligence of the BUYER, the courier costs will be borne by the BUYER. The SELLER's other contractual-legal rights, including pursuing the receivable for the Product price without accepting the return, are also reserved in any case.
For the avoidance of doubt; in cases where the BUYER pays the sale price with credit cards, installment cards, etc. owned at banks (including financing institutions), all the facilities provided by these cards are credit and/or installment payment facilities provided directly by the issuing institution; within this framework, Product sales whose price is collected by the SELLER all at once or piecemeal are not credit or installment sales for the parties of this Agreement, but cash sales. The SELLER's legal rights in cases legally considered as installment sales (including the right to terminate the agreement and/or demand payment of the entire remaining debt with default interest in case of non-payment of installments) exist and are reserved within the framework of relevant legislation. In case of the BUYER's default, monthly default interest at the rate prescribed by the laws in force is applied.

6.6. If the Product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances outside normal sale/delivery conditions (such as adverse weather, heavy traffic, earthquake, flood, fire), the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the end of the extraordinary circumstance.

6.7. If it is understood by the SELLER that the Product subject to the Agreement cannot be supplied for any reason, the SELLER may, within three (3) days from the date it becomes aware of this situation, clearly inform the BUYER by lawful means and obtain his/her oral/written approval, and may supply another good/service of equal quality and price, and shall be deemed to have fulfilled its commitment under the Agreement in this way. The BUYER is free in every respect to give such approval or not, and in cases where approval is not given, the contractual-legal provisions regarding order cancellation (Agreement termination) apply.

6.8. In order cancellations including legally compliant withdrawals and Agreement terminations, if the Product price has been collected, it is refunded to the BUYER within a maximum of 14 days. The requirements of the rule below are reserved. The refund is made in a manner appropriate to the payment instrument used by the BUYER for the Product price payment to the SELLER. For example, in payments made by credit card, the refund will also be made to the BUYER's credit card. In orders where the balance on a Return card or gift card has been used, a refund equal to the amount paid with the Return card or gift card will be made to the Return card or gift card depending on the card used. In payment made by credit card, the Product amount is refunded to the relevant bank within the same period after the order is cancelled by the BUYER; since the reflection of this amount to the BUYER's accounts after the SELLER refunds it to the bank is entirely related to the bank's transaction process, the BUYER hereby accepts that it will not be possible for the SELLER to intervene or assume responsibility in any way for any potential delays (the bank's process of reflecting refunds to the BUYER's account generally may take up to three weeks). In the case of installment payments, the SELLER pays the entire product price to the bank where the BUYER made the payment in a single transaction. This amount will be refunded by the Bank in the number of installments selected by the BUYER during the order.

6.9. The BUYER may notify the SELLER orally or in writing of requests and complaints regarding the Product and sale, by reaching the SELLER through the communication channels at the beginning of the Agreement.

6.10. The BUYER, since they are sent to the e-mail address declared after acceptance, can always access and review the said Notifications and this Agreement by saving the said e-mail to his/her device. On the other hand, they are kept in the SELLER's systems for a period of three years.

6.11. In the resolution of any disputes that may arise from this Agreement and/or its implementation, the SELLER's records (including records on magnetic media such as computer-voice recordings) constitute evidence; the parties' rights arising from the relevant mandatory legal regulations on this matter are valid and reserved.

 

Article 7 - Force Majeure

7.1. Situations that are unforeseeable in the Agreement, develop outside the control of the parties, and upon their emergence make it impossible for one or both parties to fulfill in part or in whole the debts and responsibilities undertaken with the agreement, or to fulfill them on time, will be accepted as force majeure (Natural disaster, war, terror, riot, epidemic, changing legislation provisions, confiscation or strike, lockout, significant breakdown in production and communication facilities, etc.). The party experiencing force majeure will immediately notify the other party of the situation.

7.2. No liability shall arise for Bakara Aydınlatma due to the parties not being able to fulfill their obligations during the continuation of force majeure.

Article 8 - Disputes

In case of disputes arising from the implementation of this agreement, you may apply to the Consumer Arbitration Committee. The Istanbul Courts are competent.
This Agreement, consisting of 8 (eight) articles, has been read by the Parties and concluded and entered into force by being electronically approved by the BUYER on the transaction date.