Article 1 - Parties
1.1. Seller
Name:
Address:
Phone:
Email:
1.2. Buyer
Name – Surname/Tax ID No:
Address:
Phone:
Email:
Article 2 - Subject
The subject of this agreement is the sale and delivery of the product specified below,
including its characteristics and selling price, which the BUYER ordered from the SELLER's
website www.orbina.ai, through electronic means, in accordance with the provisions of the
Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, to
determine the rights and obligations of the parties.
The Buyer acknowledges and declares that they have been informed by the Seller, in a clear
and comprehensible manner suitable for the internet environment, about the Seller's name,
title, address, telephone and other contact information, the basic characteristics of the
product subject to the sale, including taxes, the selling price, payment method, delivery
conditions and expenses, as well as all preliminary information regarding the product subject
to the sale and the right of "withdrawal," and how to exercise this right, and the official
authorities to which they can submit their complaints and objections. The preliminary
information provided on www.orbina.ai and the invoice issued based on the buyer's order
are integral parts of this agreement.
Article 3 - Product/Payment/Delivery Information
The type and quantity of the product/products purchased electronically, brand/model, selling
price including VAT, payment method, the recipient of the delivery, delivery address, invoice
information, and shipping fee are as follows:
Product(s) Acquired:
Name, Code: ... pieces
Total Sales Price: ... -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient of Delivery:
Phone Number:
Delivery Address:
Recipient/Company for Invoice:
Invoice Address:
Tax Office:
Tax Identification Number:
Shipping Fee: ... -TL
Article 4 - Agreement Date and Force Majeure
The agreement date is the date when the buyer placed the order, ../../....
Force majeure events that were not present or foreseeable at the time of signing the
contract, arising beyond the control of the parties, such as natural disasters, war, terrorism,
riots, changes in legislation, confiscation, strikes, lockouts, significant breakdowns in
production and communication facilities, etc., will be considered as force majeure. If a force
majeure event occurs, the party experiencing the event will immediately notify the other party
in writing.
During the continuation of the force majeure, neither party will be held responsible for the
failure to fulfill their obligations. If this force majeure situation persists for 30 (thirty) days,
each party will have the right to terminate the agreement unilaterally.
Article 5 - Seller's Rights and Obligations
5.1. The Seller undertakes to fulfill the obligations imposed on them by this agreement,
except for force majeure events, in accordance with the provisions of the Law No. 4077 on
the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Individuals under the age of 18 (eighteen) cannot make purchases from www.orbina.ai.
The Seller will rely on the age specified by the buyer in the contract. However, the Seller will
not be held responsible for any errors made by the buyer regarding their age.
5.3. www.orbina.ai is not responsible for price inaccuracies caused by system errors.
Accordingly, the Seller is not responsible for promotional or price errors that may arise due
to interventions to the website's system, design, or illegal methods. The buyer cannot make
any claims against the Seller based on system errors.
Article 6 - Buyer's Rights and Obligations
6.1. The Buyer undertakes to fulfill the obligations imposed on them by this agreement,
except for force majeure events.
6.2. By placing an order, the Buyer is deemed to have accepted the terms of the agreement
and agrees to make the payment according to the specified payment method.
6.3. The Buyer acknowledges and declares that they have been informed by the Seller, in a
clear and comprehensible manner suitable for the internet environment, about the Seller's
name, title, address, telephone and other contact information, the basic characteristics of the
product subject to the sale, including taxes, the selling price, payment method, delivery
conditions and expenses, as well as all preliminary information regarding the product subject
to the sale and the right of "withdrawal," and how to exercise this right, and the official
authorities to which they can submit their complaints and objections.
6.4. In accordance with the previous article, the Buyer acknowledges and declares that they
have read and understood the product order/payment/use procedure information on
www.orbina.ai, including the product order and payment conditions, product usage
instructions, precautions against possible situations, and warnings, and confirmed this
information electronically.
6.5. In case the Buyer wishes to return the purchased product, they agree and undertake not
to damage the product and its packaging in any way, and to return the original invoice and
delivery note during the return process.
Article 7 - Order/Payment Procedure
Order:
Once the total amount in TL, including VAT, of the products added to the shopping cart by
the Buyer is confirmed, the relevant bank card will be charged through the point of sale
(POS) of the respective bank. Therefore, before the shipment, a confirmation email will be
sent to the customer. No shipment will be made until the Order Confirmation email is sent.
In case of any delay in the process or any problems related to the credit card, the Buyer will
be notified through one or more of the telephone, fax, or email contacts specified in the
contract. If necessary, the Buyer may be asked to contact their bank. The time of processing
the orders is determined when the necessary collection is made from the credit card account
or when the bank transfers (EFT) are deposited into the Seller's accounts.
In exceptional cases, if it is understood that the product cannot be supplied for a justifiable
reason and/or a stock problem arises, the Buyer will be informed immediately and, upon
their approval, a product of equal quality and price may be sent, or a new product of their
choice may be sent, or the product's entry into stock or the removal of other obstacles to
delivery may be awaited, and/or the order may be canceled.
If it becomes impossible to fulfill the delivery obligation of the product subject to the
agreement, the Buyer will be informed about this, and the total amount paid, and any
documents that may put the Buyer under debt will be returned to the Buyer within ten days at
the latest, and the agreement will be canceled. In such a case, the Buyer will not have any
additional financial or moral claims against the Seller.
Payment:
At www.orbina.ai, cash transfer options are provided to buyers who do not wish to use their
credit card information online. With the option of cash transfer, the buyer can choose the
most suitable bank and make the transfer. If an Electronic Funds Transfer (EFT) is made,
the date of deposit to the account will be taken into consideration. When making a cash
transfer and/or EFT, it is necessary for the "Sender Information" to match the Invoice
Information and include the order number.
If, after the product has been delivered, the Buyer's credit card is used by unauthorized
persons due to reasons not caused by the Buyer's fault, and as a result, the relevant bank or
financial institution fails to pay the product price to the Seller, the Buyer is obliged to return
the delivered product to the Seller within 10 days. In such cases, shipping costs will be borne
by the Buyer.
If the Buyer prefers to make the payment with a credit card, the Buyer accepts, declares,
and undertakes that they will additionally confirm the relevant interest rates and default
interest information with their bank and that the provisions regarding interest and default
interest under the current legislation will be applied within the scope of the "Credit Card
Agreement" between the Bank and the Buyer.
Product Returns:
The Buyer has the right to withdraw from the contract without stating any reason and without
incurring any penalty within seven days after receiving the goods. In order for return
transactions to be processed according to the 385th Tax Procedure Law General
Communiqué, the Buyer must complete and sign the return sections at the bottom of the two
invoices belonging to the Seller, which were delivered together with the goods, accurately
and correctly, and keep one copy for themselves while sending the other copy to the Seller.
The right of withdrawal period starts from the day the product is delivered to the Buyer. The
shipping cost of the returned product or products must be borne by the Buyer.
The right of withdrawal does not apply to goods prepared according to the Buyer's requests
and/or explicitly for their personal needs.
If the Buyer exercises the right of withdrawal, the Seller will refund the total amount received,
including any documents that put the consumer into debt, to the consumer without imposing
any expenses, within a maximum of ten days from the date the Seller receives the invoice
containing the withdrawal notice. The presence of a decrease in the value of the goods or
the existence of a reason that makes the return impossible does not prevent the exercise of
the right of withdrawal. However, if the decrease in value or the impossibility of return is due
to the Buyer's fault, the Seller may request the Buyer to compensate for the decrease in
value or not to return the product.
For any product received by mistake, the general return period is 7 days. If any opening,
damage, breakage, destruction, tearing, usage, or other conditions are detected in the
product or its packaging at the time of delivery to the Buyer and the product cannot be
returned in its original condition, the product will not be accepted for return, and its price will
not be refunded.
For product returns, the situation must be communicated primarily to customer service. The
information about sending the product back for a return will be provided to the Buyer by the
Seller. After this communication, the Buyer must deliver the product, together with the
invoice containing the information about the return, to the Seller through the shipping
company that made the delivery to the Buyer's address. The returned product will be
accepted for return if it complies with the conditions specified in this contract, and the refund
will be made to the Buyer's credit card/account. Refunds will not be made without the return
of the product. The time it takes for the credit card refunds to be reflected in the credit card
accounts is subject to the discretion of the respective bank.
If the purchase was made with a credit card and in installments, the following procedure will
apply for the refund: If the Buyer has requested to purchase the product in installments, the
Bank will make the refund in installments to the Buyer. After the Seller pays the full amount
of the product to the Bank at once, the requested refund amounts for installment payments
made through the Bank's POS will be transferred to the respective accounts in installments
to avoid any inconvenience to the affected parties. The installment amounts paid by the
Buyer until the cancellation of the sale will be reflected to the credit card as 1 (one) refund
per month, if the refund date does not coincide with the statement closing dates of the card.
The Buyer will receive the amount for the remaining installments they paid before the return,
one month for each installment paid before the return, and it will be deducted from their
current debts.
In the case of returning goods and services purchased with a credit card, the Seller cannot
make cash payments to the Buyer according to the contract with the Bank. When a return
transaction occurs, the seller will make the refund via the relevant software. As the seller is
obliged to pay the relevant amount to the bank in cash or by set-off, payments to the buyer
in cash cannot be made in accordance with the procedure mentioned above. The refund to
the credit card will be made by the Bank after the Buyer pays the price in full to the Bank, in
accordance with the aforementioned procedure.
Article 8 - Warranty:
Products that are used in accordance with the instructions for use and cleaned are
guaranteed for 2 years under the following conditions, including all kinds of manufacturing
defects: The Seller's warranty liability is valid only for consumers covered by Law No. 4077.
The provisions of the Turkish Commercial Code will apply to commercial transactions.
Article 9 - Privacy:
The information provided by the Buyer to the Seller for the purpose of payment and the
information specified in this contract will not be shared with third parties. The Seller may only
disclose this information within the framework of administrative/legal obligations. If the Seller
possesses the requested information within the scope of any documented legal
investigation, the information may be provided to the relevant authority.
Credit card information is never stored. Credit card information is only used securely and
transmitted to the relevant banks during the collection process, and after the provision, it is
deleted from the system.
Information such as the Buyer's email address, postal address, and phone number will only
be used by the Seller for standard product delivery and information procedures. During
certain periods, promotional information, information about new products, and campaign
information may be sent to the Buyer after their consent.
Article 10 - Competent Court and Enforcement Offices in Case of Dispute:
In case of disputes arising from the application of this contract, Consumer Arbitration
Committees up to the value declared by the Ministry of Industry and Commerce in December
each year or Consumer Courts located in the place of residence of the Buyer or Seller will
have jurisdiction.
By placing an order, the Buyer is deemed to have accepted all the terms of this contract.
.../.../... (Date)
