Preliminary Information Form
PRE-INFORMATION FORM
1. PARTIES AND SUBJECT MATTER
The subject of this Pre-information Form is to inform the Buyer about the Contract between the Buyer and the Seller in accordance with the provisions of the Law and Regulation. In addition, the matters that must be included in the Pre-information Form in accordance with the Regulation are included.
The BUYER will be able to follow the information regarding the Pre-information Form and the Contract from the "My Account" page to which his membership is linked and will be able to update his changing information via this page. A copy of the Pre-information Form and the Contract is available in the Buyer's membership account and can also be sent via e-mail upon request.
2. DEFINITIONS
In the application and interpretation of the Pre-information Form and the Contract, the terms written below shall refer to the written explanations karşısındaki.
| BUYER | : | A natural person who acquires, uses or benefits from a Good or Service for non-commercial or non-professional purposes, |
| Ministry | : | The Ministry of Trade of the Republic of Turkey, |
| Bank | : | Licensed organizations established pursuant to Banking Law No. 5411, |
| DSM or Electronic Commerce Intermediary Service Provider | : | DSM Grup Danışmanlık İletişim ve Satış Ticaret Anonim Şirketi, which operates the Platform where the Seller offers the Product/Service for sale through its system and mediates the establishment of a distance contract on behalf of the Seller, |
| Service | : | The subject of any consumer transaction other than the provision of a Product made or promised to be made for a fee or benefit, |
| Law | : | The Law on Consumer Protection No. 6502, |
| Cargo Company | : | The contracted cargo or logistics company that delivers the Product to the Buyer, and receives it from the Buyer and delivers it to the Seller or DSM during return processes, |
| Pre-information Form | : | The form prepared to inform the Buyer about the minimum matters specified in the Regulation before the conclusion of the Contract or before any offer is accepted by the Buyer, |
| Platform | : | The website www.trendyol.com and its mobile application belonging to DSM, |
| Seller | : | The real and/or legal person, including public legal entities, who offers a Product/Service to the consumer for commercial or professional purposes, or acts on behalf or account of the Product/Service provider, and whose information is provided below, |
| Contract | : | The Contract concluded between the Seller and the Buyer, |
| Trendyol Delivery Point | : | Contracted shop points, cargo branches and chain stores where the Buyer can easily pick up the Products purchased, |
| Product | : | Any intangible goods such as movable goods, residential or holiday immovable goods, and software, sound, image and similar goods prepared for use in electronic environment, which are the subject of shopping, |
| Regulation | : | Refers to the Regulation on Distance Contracts. |
5. GENERAL PROVISIONS
5.1. The Seller accepts, declares and undertakes to deliver the Product/Service completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals and other information and documents that must be delivered with the Product/Service as required by law.
5.2. The Product will be delivered to the Buyer or a third party designated by the Buyer by the Cargo Company to the delivery address specified by the Buyer on the Platform within the promised delivery period and, in any case, not exceeding the legal period of 30 (thirty) days. In the event that the Seller fails to fulfill its performance within this period, the Buyer may terminate the Contract. However, for Product/Service sales prepared in line with the Buyer's request or personal needs, the delivery period may exceed the relevant 30 (thirty) days. Furthermore, for Product/Service for which the order status is specified as "Pre-order" or "Production on Order", the delivery period may also exceed 30 (thirty) days, and the Buyer will not be able to terminate the Contract due to non-delivery within 30 (thirty) days when purchasing a Product/Service under the status of "Production on Order" or "Pre-order" prepared in line with the Buyer's request or personal needs.
5.3. The Seller sends and delivers the Product to the Buyer through the Cargo Company. If the Cargo Company does not have a branch at the Buyer's location, the Buyer must pick up the Product from another nearby branch of the Cargo Company notified by the Seller.
5.4. If the Buyer chooses to have the Product delivered to a Trendyol Delivery Point during the order, the Product will be delivered by the Cargo Company to the delivery point chosen by the Buyer within the promised period and, in any case, within the legal period of 30 (thirty) days at the latest. After the Product is left at the Trendyol Delivery Point, the Buyer will pick up the Product within 3 (three) days at the latest with the code sent to the phone number registered in the delivery address information chosen by the Buyer.
5.5. In the event that the Buyer fails to receive the Product/Service for any reason, it will be deemed that the Buyer has returned the Product/Service, and in this case, all payments collected from the Buyer, including delivery costs, if any, will be refunded to the Buyer within the legal period.
5.6. The Seller is not responsible for any damages and expenses arising from the Buyer's late or non-receipt of the Product/Service in cases where the Buyer or a third party designated by the Buyer is not present at the address at the time of delivery.
5.7. Unless otherwise stipulated, the delivery costs of the Product/Service belong to the Buyer. If the Seller has declared on the Platform that the delivery fee will be covered by itself, the delivery costs will belong to the Seller.
5.8. The Seller may provide an equivalent Product/Service by informing the Buyer via the Platform and obtaining explicit consent before the expiration of the performance obligation arising from the Contract.
5.9. In cases where the performance of the Product/Service becomes impossible, the Seller is obliged to notify the Buyer in writing or by data storage within 3 (three) days from the date of learning this situation and to refund all collected payments, including delivery costs, if any, within 14 (fourteen) days at the latest from the notification date. The situation of the Product/Service being out of stock is not considered as the impossibility of performing the Product/Service.
5.10. The Buyer will inspect the Product before taking delivery; the Buyer will not take delivery of Product/Service that is damaged, defective or incomplete, such as dented, broken, or with torn packaging. The Product/Service received will be deemed undamaged and sound. The obligation to carefully protect the Product after delivery belongs to the Buyer. If the right of withdrawal is exercised, the Product/Service must not be used and must be returned with the Product/Service invoice and all other documents (e.g., warranty certificate, user manual, etc.) delivered to the Buyer during delivery.
5.11. The Buyer is obliged to pay the contract price and accepts, declares and undertakes that if the contract price is not paid for any reason and/or is cancelled in the Bank records, the Seller's obligation to deliver the Product/Service and other obligations arising from the Contract will terminate. The Buyer accepts, declares and undertakes that the Seller has no responsibility for payments made to the Seller by the Bank despite a failed code being sent by the Bank for any reason.
5.12. The Buyer accepts, declares and undertakes that if the contract price is not paid to the Seller by the relevant Bank as a result of unauthorized persons using the Buyer's credit card unfairly after the delivery of the Product, the Buyer will return the Product to the Seller within 3 (three) days at the Buyer's expense.
5.13. In cases where a refund must be made to the Buyer for any reason under the Contract, if the Buyer has made the payment by credit card, the Buyer accepts, declares and undertakes that the average process for the amount refunded by the Seller to the credit card to be reflected in the Buyer's account by the bank may take 2 (two) to 3 (three) weeks, that the reflection of this amount in the Buyer's accounts after it is refunded by the Seller to the Bank is entirely related to the Bank's transaction process, and that the Bank is responsible for any possible delays and that DSM and the Seller cannot be held responsible for these.
5.14. If the Buyer and the credit card holder used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the Product/Service is delivered to the Buyer, the Buyer may be requested to provide identification and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the Bank stating that the credit card belongs to the cardholder. The order will be frozen during the period until the Buyer provides the requested information/documents, and if these requests are not met within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
5.15. The number of Products/Services that the Buyer can order may be limited by announcements made on the Platform. If the Buyer wishes to order a Product/Service exceeding the number specified in the announcements made on the Platform, ordering may be prevented, and if it is determined after placing the order that the Buyer has ordered more than the specified number, orders exceeding the specified number may be canceled, and in this case, all payments collected, including delivery costs, if any, for the canceled orders, will be refunded to the Buyer within the legal period. The Buyer accepts, declares and undertakes that by placing the order, they accept these terms and that orders exceeding the quantity limit may be prevented and canceled.
5.16. Orders that the Seller cannot supply for any reason may be transferred to another seller, provided that the Buyer's approval is obtained, without exceeding the legal delivery period in the legislation and provided that the Product/Service has the same characteristics as the Buyer's Product/Service. In such a case, the Product/Service will be sent to the Buyer by the new seller, and the Contract will be established between the new seller and the Buyer. In this case, no additional fee, charge, and/or expense will be reflected to the Buyer.
5.17. The Buyer, in the capacity of a consumer, can submit their requests, complaints, and suggestions by using the Seller's contact information provided above and/or through the channels provided by the Platform (via phone number 0 212 331 0 200 and the section titled "Ask Trendyol Assistant").
6. SPECIAL CONDITIONS
6.1. Unless otherwise stated, the Buyer can shop from more than one boutique in a single cart on the Platform. The Seller may issue more than one invoice for each Product/Service purchased from different boutiques within the same cart. For the avoidance of doubt, it should be stated that the Seller may deliver the Product/Service purchased by the Buyer from different boutiques at different times, provided that it remains within the legal period in the legislation.
6.2. If the Buyer selects the corporate invoice option for orders, the Seller will issue a corporate invoice using the tax identification number and tax office information provided by the Buyer through the Platform. It is entirely the Buyer's responsibility to enter the information required on the invoice correctly, up-to-date, and completely, and the Buyer is personally responsible for all damages that may arise due to this.
6.3. If payment is made by credit card through the Platform, the Bank may organize campaigns, applying a higher number of installments than the number of installments chosen by the Buyer or offering additional services such as deferred installments. Such campaigns are at the discretion of the Bank. The total order will be divided by the number of installments from the credit card's statement date and reflected in the credit card summary by the Bank. The Bank may not distribute the installment amounts equally to months, taking into account fractional differences. The creation of detailed payment plans is at the discretion of the Bank.
6.4. Digital products are not suitable for physical shipment, and delivery will be carried out as specified in the terms according to the product type. Regulations found in the Contract that apply to physical products, such as delivery methods, will not apply to digital products, and the regulations in these articles should be interpreted in accordance with the conditions and explanations specified in the product terms to the extent they are applicable.
6.5. If the ordered Product is an electric motorcycle, it cannot be returned through the Platform after installation or after registration and licensing procedures are completed.
6.6. Products/Services offered for sale on the Platform may only be offered for delivery to limited locations (province/district/region) determined by the Seller, and if the Buyer selects a delivery address outside of the locations determined by the Seller for these products/services during the order process, the relevant order cannot be placed/purchase will not be realized.
6.7. In orders related to "Earthquake Aid Mobilization" and similar mobilization and aid operations coordinated with official public institutions and organizations of the Republic of Turkey (e.g., aid packages, etc.), the right of withdrawal cannot be exercised as per Article 15/1-h of the Regulation on Distance Contracts.
7. RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL RIGHTS
7.1. The Seller shall process the personal data within the scope of this contract only for the limited purpose of providing the Product/Service and in accordance with the Personal Data Protection Law No. 6698 ("KVKK"), secondary legislation, and decisions of the Personal Data Protection Board. The Seller accepts, declares, and undertakes that it will not process the Buyer's personal data other than the personal data accessed through the Platform and will not contact the Buyer externally outside the methods provided through the Platform.
7.2. The Buyer accepts, declares and undertakes that he/she is obliged to verify that the personal data provided within the scope of this Contract is accurate, complete and up-to-date, not to share this information with third parties, to take necessary measures, including those related to viruses and similar harmful applications, to prevent access by irrelevant persons, and to ensure the security of such personal data, otherwise he/she shall be personally responsible for any damages that may arise and for demands from third parties.
7.3. All intellectual and industrial rights and property rights related to all information and content of the Platform and their arrangement, revision and partial/complete use belong to DSM, except for those belonging to other third parties according to the Seller's agreement.
8. RIGHT OF WITHDRAWAL
8.1. The Buyer has the right to withdraw from the Contract within 15 (fifteen) days without stating any reason and without paying any penalty.
8.2. The withdrawal period for Service begins on the day the Contract is concluded; for Product, it begins on the day the Buyer or a third party designated by the Buyer receives the Product. However, the Buyer may also exercise the right of withdrawal during the period from the conclusion of the Contract until the delivery of the Product.
8.3. In determining the withdrawal period;
a) For a Product that is the subject of a single order but delivered separately, the day the Buyer or the third party designated by the Buyer receives the last Product,
b) For a Product consisting of multiple parts, the day the Buyer or the third party designated by the Buyer receives the last part,
c) In cases where the Product is delivered regularly for a certain period, the day the Buyer or the third party designated by the Buyer receives the first Product
is taken as a basis.
8.4. In cases where Product delivery and Service performance are together, the provisions regarding the right of withdrawal for Product delivery shall apply.
8.5. Seller;
a) If the Buyer exercises the right of withdrawal before the delivery of the Product or the performance of the Service, from the date the notification of the exercise of the right of withdrawal reaches him/her,
b) If the Buyer exercises the right of withdrawal after the delivery of the Product, if the price has not been transferred to the Seller as of the date the withdrawal notification reaches him/her, from the date the Product subject to the right of withdrawal is delivered to the Cargo Company foreseen for return, or if returned with a Cargo Company other than the one foreseen for return, from the date it reaches the Seller,
c) If the Buyer exercises his/her right to terminate the Contract due to the inability to deliver the order within the legal period, from the date the termination notification reaches him/her,
is responsible for refunding the collected contract price and delivery costs to the Buyer within 14 (fourteen) days.
8.6. It is mandatory that the notification of the right of withdrawal and other notifications regarding the Contract are made through the communication channels of DSM and/or the Seller specified on the Platform, in accordance with the legislation and within the specified period. The communication channels for making withdrawal notifications can be accessed via the link https://www.trendyol.com/iletisim.html.
8.7. If the right of withdrawal is exercised:
a) The Buyer sends the Product back to the Seller via the Cargo Company within 14 (fourteen) days from exercising the right of withdrawal.
b) The Product box, packaging, any standard accessories, and any other Products gifted with the Product must be returned completely and undamaged within the scope of the right of withdrawal.
8.8. The Buyer is not responsible for any changes or deteriorations that occur if the Product is used in accordance with its operation, technical specifications, and usage instructions during the withdrawal period.
8.9. Within 14 (fourteen) days following the exercise of the right of withdrawal, the prices subject to the Agreement are refunded to the Buyer using the Buyer's payment method. When the Product/Service is returned to the Seller, the original invoice presented to the Buyer at the time of delivery of the Product/Service must also be returned by the Buyer. If the Buyer requests a corporate invoice, the Buyer must issue a return invoice for the return of the relevant Product/Service or, if possible, reject the commercial invoice from their systems within the period.
8.10. If the Buyer chooses the "Pay with Shopping Loan" option, the Buyer's withdrawal from the Agreement signed with the Seller will not directly terminate the Consumer Loan Agreement between the Bank and the Buyer. The Buyer accepts, declares, and undertakes that they can exercise their right of withdrawal from the Consumer Loan Agreement within the scope of the Consumer Loan Agreement between the Bank and the Buyer. The Buyer will be able to exercise their right of withdrawal from the Consumer Loan Agreement by individually applying to the lending Bank in accordance with the period and procedure specified in the Consumer Loan Agreement. The SELLER and DSM have no responsibility for any failure to make or late making of the application to the lending Bank by the Buyer, or for the credit relationship between the Bank and the Buyer within the scope of exercising the right of withdrawal from the Consumer Loan Agreement.
8.11. As long as the Buyer sends the Product/Service to be returned to the Seller with the Seller's Cargo Company specified in the Pre-Information Form, the return shipping cost belongs to the Seller. If there is no branch of the Seller's Cargo Company where the Buyer is located for the return, the Buyer can send the Product with any Cargo Company. In this case, the Seller is responsible for the return shipping cost and any damage the Product may incur during the shipping process.
8.12. The Buyer shall exercise the right of withdrawal within the periods and procedures specified in this article, otherwise, the right of withdrawal shall be forfeited.
9. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
9.1. The Buyer cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices fluctuate depending on financial markets and are beyond the control of the Seller or DSM,
b) Contracts for goods prepared in line with the consumer's wishes or personal needs,
c) Contracts for the delivery of perishable goods or goods whose expiration date may pass,
d) Contracts for the delivery of goods from which protective elements such as packaging, tape, seal, package have been opened after delivery, and which are unsuitable for return for health and hygiene reasons,
e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
f) Contracts for books, digital content, and computer consumables presented in a tangible medium, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the product,
g) Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement,
h) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be performed on a specific date or period,
i) Contracts for services performed instantly in an electronic environment and intangible goods delivered instantly to the Buyer,
j) Contracts for services that have started to be performed with the Buyer's approval before the expiration of the right of withdrawal period,
the right of withdrawal cannot be exercised; no return code can be generated via the Platform for these orders.
9.2. If the Product/Service consists of Product/Service types excluded from the scope of the Regulation (listed in Article 3.3 of the Agreement), the right of withdrawal cannot be exercised due to the inapplicability of the provisions of the Regulation to the legal relationship between the Buyer and the Seller; no return code can be generated via the Platform for these orders.
9.3. In cases where an electronic code is purchased through the Platform, there will be no right of withdrawal for the said orders according to the Regulation. No return code can be generated via the Platform for these orders.
10. RESOLUTION OF DISPUTES
10.1 In the implementation of the Agreement, Consumer Arbitration Committees and Consumer Courts at the place where the Buyer purchased the Product/Service and where their domicile is located, in accordance with the values declared by the Ministry, are authorized.
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