ARTICLE 1 – PURPOSE
This Distance Selling
Contract sets out the rights and obligations of the parties in connection with
the goods electronically ordered by the BUYER from the SELLER’s website as per
the provisions of the Consumer Protection Law No. 6502 and Distance Selling Regulations.
BUYER agrees to be informed about the following matters by reviewing the
information at https://panosdecoration.com/ both prior to the establishment of
this Contract, prior to placement of order and undertaking the payment
liability.
ARTICLE 2 – PARTIES
INFORMATION ABOUT THE
SELLER
Title: Panos Mimarlık İnşaat Taahhüt San. Tic. Ltd. Şti.
Address: Çağlar St. No: 2/5 35430 Urla / İzmir TR
Phone: +90 505 116 86 24
E-mail:support@panosdecoration.com
Address for returning products: Yeşil St. No: 29/16 A 45760 Yunusemre / Manisa
TR
INFORMATION ABOUT THE
BUYER
Full Name:
Address:
Phone:
Email:
ARTICLE 3 – FEATURES
OF THE PRODUCT BEING SOLD AND PAYMENT TERMS
3.1. BUYER agrees and
represents that s/he has read and made himself/herself familiar with the main
qualities, sales price including any taxes, payment method and delivery about
the product and that s/he has given the required confirmation in writing. BUYER
agrees and represents that s/he has obtained all information which must be
provided by …………………. the SELLER as per the Distance Selling Regulations prior
to his/her agreement to this Contract.
3.2. The qualities and
quantity of the product purchased by the BUYER are the same with the
information on the website at https://panosdecoration.com and on the invoice.
Once the product is sold, the order summary and the provisions of the selling
contract are sent to BUYER’s e-mail address. In case of additional expenses for
transportation and delivery, such details shall be also sent to BUYER’s e-mail
address.
3.3. In case of any
errors relating to the product price due to system errors of the website at https://panosdecoration.com,
the BUYER shall be immediately informed about the error. At BUYER’s option,
either the transaction will be cancelled or the selling transaction will be
proceeded using the actual price of the product.
3.4. The product price
and the exchange rate for payment may vary depending on the location in where
the BUYER is residing. The payment of the products purchased by the BUYER
residing in Turkey shall be done in Turkish Lira exchange rate and the payment
of the products purchased by the BUYER residing outside of Turkey shall be done
in Euro and USD exchange rates. In the event that the BUYER uses VPN in order
to alter its residing location and purchases the product, the VENDOR reserves
the right to cancel the sales process accordingly.
3.5. While payment via
credit card may be made in single installment, payments may be made in multiple
installments depending on the contracts made with banks seasonally. Installment
and possible later interest shall be at the discretion of the relevant bank.
3.6. For delivery of
the product under the selling Contract, the product price must be paid with
such method as preferred by the BUYER. In order for the payments could be made
via credit cards, the BUYER needs to enter the credit card details fully on the
payment field. In the event the product price is not paid or payment is
cancelled by the bank, the SELLER may terminate the selling contract
unilaterally and the SELLER shall no longer be under obligation to deliver the
product.
ARTICLE 4 – DELIVERY
OF THE PRODUCT
4.1. The SELLER may
provide the SELLER with an estimated delivery deadline for the product
purchased. Delivery lead time shall not exceed the legal period of 30 (thirty)
days prescribed in the Regulations on Distance Selling Contracts. If, for any
reason, the order may not be delivered within the period promised by the
SELLER, such delay shall be notified to the BUYER.
4.2. The Product shall
be delivered to the person at the delivery address designated by the BUYER,
together with the invoice.
Any damages and expenses which may result from acceptance of the product by a
person at the delivery address other than the BUYER shall not be the
responsibility of the SELLER. In case of delivery to the person at the delivery
address, this delivery shall be considered to be a delivery to the BUYER.
SELLER shall be considered to have fulfilled its obligations.
4.3. BUYER shall be
responsible for promptly checking the product at the time of delivery and promptly
notify any defects to SELLER via the phone number in the contact details above.
ARTICLE 5 – RIGHTS AND
OBLIGATIONS OF SELLER AND BUYER
5.1 SELLER shall be
responsible for delivering the product under the Contract in accordance with
the qualities and features listed in the order, in full, complete and together
with any warranty certificates and user guidelines.
5.2. BUYER shall be
responsible for promptly checking the product at the time of delivery, refuse
the product in case of any problems related with the product or cargo, and
issuing a report with the cargo company’s officer. In case of no determination
and notification regarding the product status, then the product received shall
be considered to be free from damages.
5.3. In cases where it
becomes impossible for the SELLER to deliver the ordered products or services,
the SELLER shall, within three days following the date when the seller becomes
aware of this, be under obligation to notify the consumer in writing or via
permanent data storage tools and must return all payments collected including
any delivery expenses, if any, within maximum fourteen days following the date
of notification. If the product is not available in the stock, this shall not
be considered the impossibility of providing the product.
ARTICLE 6 – EXERCISE
OF THE RIGHT TO WITHDRAW AND OBLIGATIONS OF THE PARTIES
BUYER shall have the
right to withdraw from the contract within 14 (fourteen) days without any
justification and without being subject to any penalty.
Save that it is not a product for which the right to withdraw in Article 7 may
not be exercised, the BUYER may exercise its right to withdraw by serving the
withdrawal notice to the e-mail address or phone number mentioned in Article 2,
within 14 (fourteen) days. Unless the Seller makes an offer to receive its
product back, the BUYER shall, within 10 (ten) days following the date when the
buyer submits its notice of withdrawal, be under obligation to return the
product to the seller or the provider or the designated person together with
the original invoice and the completed return form at the back of the invoice.
In addition, the product(s) which must be returned within 10 (ten) days after
the exercise of the withdrawal right must be non-used, non-worn, non-washed and
in its original package together with its standard accessories, if any, so that
the SELLER may offer it for sale again. In this case the delivery expenses of
the product shall be borne by the SELLER. The return of orders for which the
invoice is issued in the name of corporations shall not be completed unless a
RETURN invoice is issued.
In case of withdrawal, the product price of the returned product shall be
refunded using the original payment method of the BUYER within 14 (fourteen)
days following the receipt of the product.
For refunding via credit cards, the period of refund may vary due to the bank.
The product which will be returned should not be, other than trying, used, worn
outside even for a short period of time, should not be in a condition which
will prevent reselling due to washing and/or being damaged.
In the case of withdrawal, if the returned product does not satisfy the
conditions of return policy, the product shall be delivered back to the same
address without making any extra payment.
ARTICLE 7 PRODUCTS FOR
WHICH RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED
The specific products
prepared and produced for special days such as Christmas, Valentine, Mother’s /
Father’s Day can not be returned.
ARTICLE 8 – SETTLEMENT OF THE DISPUTES
In respect of the disputes as may arise in connection with this Distance
Selling Contract shall, up to the value announced by the Ministry of Customs
and Trade, be settled by the Consumer Arbitration Committees and Arbitration
Courts located at the place of residence of the Buyer and place where the
Product or Service is purchased by the Buyer. In line with the lower and upper
limits as specified in the 1st Paragraph of Article 68 of the Consumer
Protection Law No. 6502, consumer claims shall be governed by the district /
provincial consumer arbitration committees.
RETURN AND EXCHANGE POLICY
You may return any
product which you ordered from panosdecoration.com within 14 days without any
justification and without being subject to any penalty compensation. The
product which will be returned should not be, other than trying, used, worn
outside even for a short period of time, should not be in a condition which
will prevent reselling due to washing and/or being damaged.
In order to return a
product, you may inform us about which product you will be returning by sending
an e-mail to support@panosdecoration.com
After you have
notified Panos Decoration, you may return the product(s) which you wish to
return to the following address together with the invoice and the filled-out
return form at the back of the invoice
Return Address: Yeşil
St. No: 29/16 A 45760 Yunusemre / Manisa TR
Product return terms
shall be as follows:
All of our products
will be delivered in its original packaging. Worldwide delivery takes up to
seven business days. We are pleased to accept timely returns of new and unused
products within 14 days from the date the order was delivered to you. Please
note that all return costs will be deducted from your refund.
The products to be
returned must be returned in a non-used, non-worn and non-washed conditions,
along with its original invoice and filled-out return form at the back of the
invoice. The product should be packaged without any damage to its original
package and must be returned to the return address provided by Panos Decoration.
The return of products without any name and notification shall not be accepted.
Original shipping
costs are non-refundable. Duties and taxes are non-refundable.
If the product to be
returned is invoiced by a company, you will be required to issue a return
invoice and send together with the return package. For company returns, if
there is no return invoice, such returns shall not be accepted.
The product returns
not packed in its original package or with damaged package, any sticker from
cargo company on it, any packaging tape on it or with original packages damaged
shall not be accepted. If products returned are received with defects, the
products shall be returned back to the sender and all additional delivery
expenses shall be borne by the customer.
If the product had any
accessories during its initial delivery to the buyer, such accessories must be
packaged in their original packages and returned without any damages thereto.
If the product is not
fit for returning as it has lost its intended use and/or if the product to be
returned is not for reselling, such products may not be returned either.
The specific products
prepared and produced for special days such as Christmas, Valentine, Mother’s /
Father’s Day may not be returned.
Once you have received
your product from panosdecoration.com, please make sure the product is aligned
with all conditions, terms and our return policies above. If the product return
is accepted, then the price of the returned product shall be refunded using the
original payment method of the buyer. If the returned product does not satisfy
the conditions of return policy, the product shall be delivered back to the
same address without making any extra payment.
If the product return
is completed and processes, you will be notified by e-mail. The product price
shall be refunded using the original payment method. If the payment is made via
bank wire transfer, the product price shall be refunded to account IBAN which
you specified on the return form. If the payment is made via credit card, the
refund shall be transferred to the credit card. The period in which such refund
will appear in your bank statement may vary depending on the bank. If the
refund takes longer than you expect, please make sure you contact with your
bank.
Replacement Policy
Without showing any
reason whatsoever, you may replace any product which you order from panosdecoration.com
within 14 days of delivery by submitting an exchange notification. The product
which will be replaced by return should not be, other than trying, used, worn
outside even for a short period of time, should not be in a condition which
will prevent reselling due to washing and/or being damaged.
To ensure replacement
of the product, you may e-mail to suppor@panosdecoration.com, and notify us
about the product which you wish to replace.
After you have
notified Panos Decoration, you may exchange the product(s) which you wish to
replace together with the invoice.
Please clearly specify
the replacement request on the return form and also make sure you specify which
product and colors you wish to replace.
Once your request has
been received by us together with the product you wish to replace, the product
shall be checked and, if approved, be replaced with the product you want
without additional charges if it is available in the stock. In case of price
difference between the returned product and the product to be replaced, such
price difference shall be borne by the consumer. If the product is not
available in stocks, the refunding shall be ensured using the same payment
method described in the return policy.
Customers can replace
any product they wish.
ELUCIDATION WORDING ON THE PROCESSING AND PROTECTION OF THE PERSONAL DATA
This public disclosure
text is drawn up by Panos Mimarlık İnşaat Taahhüt Sanayi Ticaret Ltd. Şti.
(“Our Corporation”) for the purpose of explicating and providing information for
the customers/users of the Corporation and the entire individuals related to
our Corporation including the ones benefiting from our products and services
regarding the processing of the Personal Data, acting with the capacity of data
supervisor in accordance with the Law on Protection of Personal Data No. 6698.
You may access detailed information regarding the processing of your Personal
Data disclosed by you to our Corporation on our website www.panosdecoration.com
Purpose of Processing of Personal Data
In the context of your
legal relation established with our Corporation; the Personal Data you
disclosed shall be processed by our Corporation in accordance with the law and
the Law on Protection of Personal Data and the processing purposes stated
hereinafter. Accordingly, to be limited with the following purposes; our
Corporation processes the Personal Data for the purpose of the performance of
the endeavors by the business units of our Corporation that are required for
the Personal Data Holders to benefit from the products and services offered by
our Corporation; realization of operations with the Business Associates and/or
suppliers of our Corporation; accessing to the records of the Personal Data
Holders within our Corporation for the further shopping transactions, issuing
invoice by automated means with this data by not giving rise to confusion due
to reasons name/surname resemblance; ensuring that the customers benefit from
the general or customized campaigns and offers related to the merchantable
products and services by means of records generated within our Corporation;
communicating the campaigns related to the products and services offered to the
customers through mail, e-mail, SMS and phone calls; recommending and
communicating our products and services to the Personal Data Holders upon
customization thereof based on the appreciation, habit and pattern of use and
requirements; performance of the required endeavors aiming for the catalogs and
campaigns to the customers to be offered and communicated to the customers in
consideration of the customers’ continuation and sustainability of using the
products and services of our Corporation; amending and altering the products
and services offered to be compliant with the requirements and uses of the
customers both within the purchasing and the post-sales processes and for the
new purchases of the products and services offered; responding to the
complaints or requests for inspection related to the products and services
purchased and notifying customers in this respect; execution and performance of
one-to-one or integrated marketing operations, sales and post-sales operations
and purchasing operations; fulfillment of the obligations within the scope of
the occupational health and safety and taking the required precautions and
measures for the purpose of execution and performance of the human resources
policies of our Corporation; performance and steering the financial affair
processes and activities for the purpose of ensuring the physical security and
auditing of the locations of our Corporations along with the administrative and
legal processes towards the communication executed by our Corporation;
execution and management of the intracompany system and application management
operations by our Corporation, communication, market survey and social
responsibility activities and finance operations as well as the
product/project/manufacturing/investment quality processes in line with the
purpose of determination and implementation of the commercial and business
strategies of our Corporation, planning and/or execution of the customer
relationship management processes to include the planning and/or execution
process of the customer satisfaction activities; contacting with the customers
through mail, e-mail and phone calls accordingly; contacting with the Personal
Data Holders communicating their requests and complaints to our Corporation and
ensuring the following up and management of the requests and complaints;
establishment and tracking of the visitor records within the scope of the terms
and conditions of the Personal Data processing set forth in Article 5 and 6 of
the Law on Protection of Personal Data.
- Recipients
and Grounds of Personal Data Disclosure
Within the scope of
the terms and conditions of the Personal Data set forth in Article 8 and 9 of
the Law on Protection of Personal Data, our Corporation can transfer the
Personal Data to the Corporation Business Associates, Corporation Stakeholders,
Corporation Officials and/or the third parties/organizations to be designated
thereof to serve the purposes of ensuring the establishment objectives of the
business partnership established for the purposes such as execution and
performance of miscellaneous projects and receiving services while sustaining
the commercial operations of our Corporation; realization of the operations and
activities performed within the scope of the regulation, effectiveness
management and corporate communication processes; designing the strategies with
respect to the commercial operations and ensuring the optimal management and
supervision thereof; alteration and modification of the products based on the
requirements and use of customers upon their requests communicated during the sales
and post-sales process; notifying the customers regarding the campaigns by
means of mail, e-mail and/or phone calls and printing and deliverance of the
catalogs. Furthermore, upon required by the relevant public institutions and
organizations within the scope of their legal authorities and by the relevant
private legal entities within the scope of their legal authorities in
accordance with the provisions of the legislation, our Corporation is entitled
to transfer and disclose the Public Institutions and Organizations that are
legally authorized and Private Legal Entities and/or third
parties/organizations designated by those that are legally authorized.
In the event that the
process activity realized for the above-cited purposes fails to fulfil any of
the exemptions and exceptions anticipated within the scope of Law, your
expressed consent shall be sought by our Corporation related to the relevant
process.
- Methods
of Personal Data Collection and Legal Grounds
For the purpose of
auditing and supervision of the compliance of the Law on Protection of Personal
Data with the Article 1 regulating the purpose of the Law and Article 2
regulating the scope of the Law, realization of the objectives set forth in the
Article 5 and 6 of the Law on Protection of Personal Data and the Policy and
accurately and complete fulfilment of the obligations arising from the law
within the frame of the legal grounds based on legislation, agreement, claim
and request, the Personal Data are collected through various means such as on sorts
of verbal, printed and electronic media through technical and other methods
and/or social media accounts that you authorize to be accessed by our
Corporation and processed by our Corporation or data processors appointed by
our Corporation.
- Rights
of the Personal Data Holders Pursuant to the Law on Protection of Personal
Data
Our Corporation, in
accordance with the Article 10 of the Law on Protection of Personal Data,
informs you, regarding your rights as the Personal Data Holders, provides
guidance how the said rights are exercised and realizes the internal mechanism,
administrative and technical regulations required for all those. Our
Corporation, in accordance with Article 11 of the Law, informs the individuals
with their Personal Data collected, regarding finding out whether the Personal
Data is processed, requesting information in this regard in the event that
their Personal Data was processed, eliciting the purpose of Personal Data
processing and whether it is used as intended, knowing the third party
recipients of the Personal Data both inland and outland, requesting for the
correction in case of inaccurate or flawed processing of the Personal Data,
requesting for the deletion or destruction of the Personal Data within the
scope of the requirements set forth in Article 7 of the as Law on Protection of
Personal Data, requesting for the notification of the processes performed in
accordance with paragraph (d) and (e) of Article 11 of the Law on Protection of
Personal Data to the third parties that are the recipient of the Personal Data,
raising objection to an outcome to be revealed against that particular person
by means of analyzing the data processed through exclusive automated systems,
claiming for damages to be compensated in the case of sustaining damages due to
processing of the Personal Data in breach of the Law.
The Personal Data
Holders are entitled to communicate their requests related to their above-cited
rights by completing the Application Form enclosed on APPENDIX and delivering
to our Corporation free of charge along with the information and the documents
for identity purposes by means of the methods hereinafter or other methods
stated by the Board of Personal Data Protection:
·
Deliverance of the copy of the form upon completion bearing wet signature
through notary public or registered letter with return receipt to Yeşil St. No:
29/16 A 45760 Yunusemre / Manisa TR
- Deliverance
of the form bearing secure electronic signature within the scope of
Electronic Signature Law No. 5070 to support@panosdecoration.com by means
of registered e-mail.
- Through
any other method anticipated/to be anticipated by the Board of Personal
Data Protection.
In order for the third
parties to request for application on behalf of the Personal Data Holders,
Special Power of Attorney is required to be issued by the Personal Data Holder
through the notary public empowering the entity to file the application.
Our Corporation shall
finalize the request as earliest as possible based on the nature of the request
and no later than 30 (thirty) days without applying any charges. However, in
case the process requires an additional cost, our Corporation is entitled to
request for a fee to be calculated based on the tariff set forth by the Board
of Personal Data Protection.
APPENDIX : Application Form
FORM OF EXPRESS CONSENT ON PERSONAL DATA PROCESSING
I have read the
elucidation wording on the Processing and Protection of the Personal Data
provided to me. I have further been informed on the Law on Personal Data
Protection, comprehended by legal rights and I hereby agree and acknowledge
that the following consent of mine obtained in this regard is valid and based
on my freewill.
I hereby grant my
approval with my express and written consent for my personal data that I have
disclosed to benefit from the products and services of your Corporation and be
informed on such and my personal data to be acquired by your Corporation from
the relevant real and legal entities to be processed to allow me to benefit
from the products, applications, advantages or campaigns that are convenient
for me in line with my requirements and for the purposes of general information
and ensuring all sorts of communications to be established with me and to be
disclosed to the Business Associates of your Corporation, Stakeholders of your
Corporation, Officials of your Corporation, legally authorized Public
Institutions and Organizations, legally authorized Private Legal Entities
and/or third parties/organizations to be designated by such in the event that
my Personal Data is required and the deliverance of information, promotional
and marketing communications and messages with data, audio and image content to
be directly transmitted or through SMS, MMS, telephone, fax, dialer devices,
electronic mail and similar communication channels by your Corporation with the
awareness that I am entitled to reject such at any time.
Personal Data Holder
Name & Surname:
Date:
Signature