Preliminary Information Form
1.PARTIES AND SUBJECT
This Preliminary Information Form ("Form") has been prepared to provide information in accordance with the provisions of the Law on the Protection of Consumers ("LPC") and the Regulation on Distance Contracts ("Regulation") concerning the Distance Sales Contract to be established between the Company Name (“Seller”) and the (“Buyer”).
The Seller and the Buyer will hereinafter be referred to individually as a “Party” and collectively as the “Parties.”
2. SELLER INFORMATION
Name | : İLAYDA CAN |
Address |
: Fulya Mah. Pehlivan Sok. Can Apt. No:32 D:5 Şişli/İstanbul |
MERSIS Number | : 1910-9240-4220-0001 |
Chamber of Commerce and Number |
: İstanbul Chamber of Commerce / 230552-5 |
Tax Identification Number | : Mecidiyeköy Tax Office / 1970661966 |
KEP Address | : ilayda.can@hs01.kep.tr |
Phone | : 0537 494 98 42 |
: hello@wayt.studio |
3. BUYER INFORMATION
Name and Surname | : |
Address | : |
Phone | : |
: |
4. MAIN CHARACTERISTICS AND PRICE OF THE PRODUCT AND SERVICE SUBJECT TO THE CONTRACT
- The type and nature, quantity, brand/model, color, and total sales price including all taxes of the products are as stated in the product description page on the Website and in the Contract ("Products").
- The prices announced on the Website are the sales prices. The announced prices are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.
- The total sales price, including all taxes, of the Products or services subject to the Contract is shown in the table below.
5. DELIVERY AND INVOICE INFORMATION
Delivery Information
Recipient | : |
Contact Information | : |
Delivery Address | : |
Invoice Information
Full Name/Business Name | : |
Address | : |
Phone | : |
: |
6. PAYMENT
Total Product Price Excluding Shipping Fee | : |
Shipping Fee | : |
Discount | : |
Total Order Amount | : |
Order Date | : |
Payment Method and Plan | : |
7. DELIVERY
- The delivery address is to be communicated to the Seller directly by the Buyer. The Seller is responsible for delivering the Products to the address provided by the Buyer, and the Buyer is responsible for ensuring that the address provided to the Seller is complete, accurate, and correct. If the Buyer requests that the Products be delivered to a third party or institution other than themselves, this must be explicitly communicated to the Seller.
- The delivery of the Products will be carried out through the Seller’s contracted shipping company/companies. If the shipping company does not have a branch in the location of the Buyer, the Buyer must collect the Products from another nearby branch to be specified by the Seller. The necessary information regarding this matter will be communicated to the Buyer via email, SMS, or phone.
- The Seller is not responsible for any damages or costs resulting from the Buyer’s delay in receiving the product or from the failure to receive it if the Buyer or the person designated for delivery is not present at the address at the time of delivery.
- Delivery to the address provided by the Buyer during the sales process and to the person present at that address is considered as delivery to the Buyer. Even if the Buyer is not present at the address they provided at the time of delivery, the Seller will still be deemed to have fulfilled its obligations completely and accurately.
- Any damages resulting from the Buyer’s delay in receiving the Products, as well as costs incurred due to the Products being held by the shipping company and/or returned to the Seller, will be the responsibility of the Buyer.
- If, upon the Buyer’s request, the Products are to be delivered to another person/institution other than the Buyer, the Seller will not be responsible if the designated person/institution does not accept or receive the Products. The Buyer cannot make any claims against the Seller regarding this situation.
- For the Products subject to the Contract to be delivered to the Buyer, the Contract must be accepted by the Buyer during the sales process on the Website, and the payment for the Products must be made by the Buyer. If, for any reason, the payment for the Products is not made or if a payment made by credit card is canceled by the bank, the Seller will be relieved of the obligation to deliver the Products.
- The delivery of the Products will be made within the promised timeframe, excluding mobile regions, provided that the Seller has stock available and payment has been completed. In any case, the Products will be delivered to the Buyer within a maximum of 30 (thirty) days from the moment the Seller receives the Buyer’s order. If the Seller fails to fulfill its obligation within this period, the Buyer may terminate the Contract. If the Products were prepared according to the Buyer’s request or personal needs, the period for the Products in this clause may exceed 30 (thirty) days. In the event of termination of the Contract, the Seller will refund all payments received, including any delivery costs, within 14 (fourteen) days from the date the termination notice is received.
8. PAYMENT
- The price of the Products is as specified in section 4.3.
- The prices on the Website include VAT and taxes, but exclude shipping costs.
- As a rule, the shipping cost of the Products is the responsibility of the Buyer. If it is stated on the Website that the shipping cost will be covered by the Seller, then the shipping cost will be the Seller’s responsibility.
- The Buyer will confirm the Contract electronically for the delivery of the Products, and if, for any reason, the payment for the Products is not made and/or is canceled in the records of the bank or financial institution, the Seller’s obligation to deliver the Products under the Contract will terminate. The Seller is not responsible for any failed codes sent by the bank and/or financial institution or for any payments made to the Seller by the bank and/or financial institution.
- 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 for the order is detected before the Products are delivered to the Buyer, the Seller may request that the Buyer provide identification and contact information for the credit card holder, a statement from the credit card holder’s bank confirming the credit card’s ownership, or the previous month's statement for the credit card used in the order. During the time required for the Buyer to provide the requested information/documents, the order will be suspended, and if the requested information is not provided within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
- If, after the delivery of the Products to the Buyer, the credit card used by the Buyer is used fraudulently and unlawfully by unauthorized individuals through no fault of the Buyer, and the relevant bank or financial institution does not pay the Seller for the Products, the Buyer is obligated to return the Products to the Seller.
- To make a payment with a credit card, the Buyer must fill in the credit card information on the website completely and accurately. The Buyer may choose to make a single payment or, depending on the bank's installment policy, make payments in installments. In installment transactions, the relevant provisions of the agreement between the Buyer and the bank ("Bank") that the Buyer has signed will apply. The Bank may offer more installments than selected by the Buyer and provide services such as installment postponement through campaigns. Such campaigns are at the discretion of the Bank and have no relation to the Seller. The total amount of the order will be divided into installments and reflected on the credit card statement starting from the credit card's statement date. The Bank may not distribute the installment amounts equally across months, taking into account rounding differences. The detailed payment plan is at the discretion of the Bank.
- The interest rates and default interest rates applicable to installment sales are determined by the Bank. The Buyer should verify the relevant interest rates and default interest information with the Bank. According to the applicable legal regulations, the provisions regarding interest and default interest will be enforced under the credit card agreement between the Bank and the Buyer.
- If the Buyer defaults on transactions made with a credit card, the Buyer will be responsible for paying interest under the terms of the credit card agreement with the Bank and will be liable to the Bank. In this case, the Bank may take legal action, request costs and attorney fees from the Buyer, and in any case of default by the Buyer, the Buyer will be liable for any damages and losses incurred by the Seller due to the delay in payment.
- When the Buyer pays the sale price using a credit card or installment card from banks (including financial institutions), all facilities provided by these cards are credit and/or installment payment options offered directly by the card-issuing institution. The transaction is considered a cash sale between the parties, not a credit or installment sale. The Seller’s legal rights in cases legally considered installment sales (including the right to terminate the contract and/or demand payment of the remaining debt along with default interest in case of non-payment of installments) are preserved and in accordance with relevant legislation.
- In the case of installment payments, if the Buyer returns the Products purchased from the Seller or if a refund of the amount paid by the Buyer is required for any reason, the Seller's obligation is limited to paying the amount of the transaction made with the card to the bank. Any installment refund payments to the Buyer are a matter between the Buyer and their bank. The process of reflecting the refunded amount on the Buyer’s account by the bank may take an average of 2 (two) to 3 (three) weeks after the Seller’s refund to the bank, and the Seller is not responsible for any possible delays related to the bank's processing.
9. SELLER’S RIGHTS AND OBLIGATIONS
- The Seller is obliged to deliver the Products as specified in the Contract, complete and in accordance with the characteristics mentioned in the order, including any warranty documents, user manuals, and necessary information and documents. The Seller must ensure that the Products are free from defects and comply with legal requirements and standards, and perform the contract with accuracy and honesty. The Seller must maintain and improve service quality, exercise the necessary care and diligence, and act with prudence and foresight.
- The Seller may, before the expiration of the performance period under the Contract, inform the Buyer and, with explicit approval, provide an alternative product of equal quality and price. The Buyer is free to approve or reject this proposal, and if approval is not given, the provisions related to order cancellation (termination of the Contract) will apply.
- In cases where the fulfillment of the ordered goods becomes impossible, the Seller must notify the Buyer in writing or electronically within 3 (three) days from the date of learning of this situation and refund all payments received, including any delivery costs, within 14 (fourteen) days from the date of notification. The unavailability of Products in stock is not considered as impossibility of performance.
- In the event that the Products cannot be delivered within the legal maximum period of 30 (thirty) days due to extraordinary circumstances beyond the Seller’s control (such as weather conditions, earthquakes, floods, fires, etc.), the Seller will inform the Buyer about the delivery issue. In this case, the Buyer may cancel the order, order a similar product, or wait until the end of the extraordinary circumstances.
- The Seller may impose restrictions on the quantities of products that the Buyer can order at the times announced on the Website. If the Buyer orders more than the quantity specified in the announcements on the Website, the orders may be canceled, and the product amounts will be refunded to the Buyer within the legal period. The Seller has the right to cancel orders that exceed the quantity limit set by the Seller.
- For other sites accessible through the Website, their own privacy and security policies and terms of use apply. The Seller is not responsible for any disputes or negative outcomes arising from those sites.
10. BUYER’S RIGHTS AND OBLIGATIONS
- The Buyer’s obligation to pay for the order placed through the Website is implied.
- The Buyer must inspect the Products before accepting delivery. The Buyer is responsible for not accepting damaged and/or defective Products (e.g., dented, broken, torn packaging, etc.) from the courier, and must request the courier company representative to prepare a report on the defects. If the Buyer wishes to exercise the right of withdrawal, they must return the Products unused, along with the invoice and all other documents provided at the time of delivery (e.g., warranty certificate, user manual, etc.).
- The Seller is responsible for any loss or damage to the Products until they are delivered to the Buyer or a third person designated by the Buyer. After delivery, the Buyer is responsible for carefully protecting the Products.
- If Products are sent that were not ordered, no claim can be made against the Buyer. In such cases, the Buyer’s silence or use of the Products cannot be interpreted as an acceptance of the contract. The Buyer is not obliged to return or keep the Products.
- If the Buyer selects the corporate invoice option for orders placed through the Website, a corporate invoice can be issued by the Seller. The Seller will prepare the corporate invoice based on the tax identification number and tax office information provided by the Buyer through the Website. It is entirely the Buyer’s responsibility to ensure that this information is accurate and complete.
- At its discretion, the Seller may organize various campaigns on the Website, with conditions, content, and durations determined by the Seller. The Seller reserves the right to stop, update, and change the conditions of the campaigns announced on the Website at any time. The Buyer must review the campaign conditions before each purchase made on the Website.
- If the Buyer receives a discount or any similar benefit (such as a free product or gift voucher) by shopping to meet the minimum amount of any Seller campaign, and if the right of withdrawal is exercised resulting in a decrease below the minimum amount or if the conditions for obtaining or using the campaign are no longer met, the entire discount or deduction (including the value of any free product) will be offset against the amount to be refunded to the Buyer. In cases where the offset is insufficient, it will be collected from the payment method used during the purchase (e.g., credit card). If the Buyer has earned or used any virtual/physical gift vouchers, points, discounts, etc., during the purchase, they will be canceled, and the value of any used vouchers, points, or discounts will be deducted from the amount to be refunded to the Buyer. If the offset is insufficient, it will be collected from the payment method used during the purchase (e.g., credit card). This provision applies not only in cases of exercising the right of withdrawal but also in all other cases of product returns, except for defective products.
11. RIGHT OF WITHDRAWAL
- The Buyer may exercise the right of withdrawal and return the purchased Products within 14 (fourteen) days from the delivery date without assuming any legal or penal liability and without providing any reason. The Buyer may also use the right of withdrawal during the period from the conclusion of the Contract to the delivery of the Products.
- The Buyer can request the right of withdrawal by notifying the Seller in writing or via email. The burden of proof for exercising the right of withdrawal under this clause lies with the Buyer.
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Regarding the determination of the right of withdrawal period:;
- For orders involving a single item that is delivered in separate parts, the withdrawal period begins on the day the last item is received by the Buyer or a third party designated by the Buyer.,
- For items consisting of multiple parts, the withdrawal period begins on the day the last part is received by the Buyer or a third party designated by the Buyer.,
- For contracts involving the regular delivery of goods over a period of time, the withdrawal period begins on the day the first item is received by the Buyer or a third party designated by the Buyer.
- To exercise the right of withdrawal, the Buyer must notify the Seller within the prescribed period and in accordance with the relevant legal provisions.
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In the event of exercising the right of withdrawal:
- The Buyer must return the Products to the Seller within 10 (ten) days from the date of notifying the Seller of the exercise of the right of withdrawal, using the Seller’s designated courier service. The details of the designated courier service can be found on the "Return Conditions" page of the website.
- The Products must be returned with their original box, packaging, standard accessories, and any additional items (if applicable) in complete and undamaged condition.
- When returning the Products to the Seller, the original invoice provided at the time of delivery must also be returned by the Buyer. If the Buyer requested a corporate invoice, they must issue a return invoice for the relevant product or, if possible, reject the commercial invoice from their system within the allowed period.
- If the Buyer uses the Products in accordance with their operation, technical specifications, and usage instructions during the withdrawal period, they will not be responsible for any changes or damage that occurs. Otherwise, the Buyer will be liable for any damage to the Products.
- The Seller is obligated to refund all payments received from the Buyer, including delivery costs, within 14 (fourteen) days from the date the notification of the exercise of the right of withdrawal is received.
- If the Buyer initiates the return process, information about the courier company to which the Seller will send the Products will be shared with the Buyer along with the return code upon request. The Buyer will conduct the return process according to the information provided by the Seller. If the Buyer sends the Products to the Seller using the Seller's designated courier company, the return shipping cost will be covered by the Seller. If there is no branch of the Seller's designated courier company in the Buyer's location, the Buyer may use any courier company, and in this case, the shipping cost will still be covered by the Seller. However, if the Buyer sends the Products using a courier company other than the Seller's designated one as specified in the Preliminary Information Form, the return shipping cost will be borne by the Buyer, and the Seller will not be responsible for any damage to the Products during the shipping process.
- With the exercise of the right of withdrawal, any agreements, settlements, and contracts between the Buyer and Seller will terminate without any obligation for expenses, compensation, or penalty payments.
12. CIRCUMSTANCES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The buyer cannot exercise the right of withdrawal for the following types of contracts:
- Contracts for goods or services where the price varies depending on fluctuations in financial markets and is not controlled by the seller,
- Contracts for goods prepared according to the buyer’s specifications or personal needs,
- Contracts for the delivery of goods that are perishable or have a short shelf life,
- Contracts for goods where protective elements such as packaging, tape, seal, or similar have been opened after delivery, especially if their return is not suitable for health and hygiene reasons,
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
- Contracts for books, digital content, and computer consumables if the protective elements such as packaging, tape, seal, or similar have been opened after delivery,
- Contracts for the delivery of newspapers, magazines, or other periodicals, except those provided under subscription agreements,
- Contracts for services related to accommodation, moving, car rental, food and beverage supply, and leisure or entertainment activities that are scheduled for a specific date or period,
- Contracts for services performed immediately in an electronic environment and contracts for intangible goods delivered immediately to the buyer,
- Contracts for services where performance has begun with the buyer’s consent before the end of the withdrawal period.
13. TECHNICAL STEPS AND TOOLS
The technical steps and actions related to purchasing the products and concluding the contract through the Internet Site, as well as the tools for identifying and correcting errors during data entry, are specified on the relevant pages up to this Preliminary Information Form. These tools include the option to take action based on warning messages that appear to the buyer. If there is an error in entering information (data) related to the order on the Internet Site, it can be corrected and continued based on the relevant warning messages. Errors that may occur while entering payment information can also be corrected in the same manner. After completing the payment process, any errors in data entry that are noticed can be reported to our Customer Service for assistance.
14. PRIVACY AND PROTECTION OF PERSONAL DATA
- The personal data of the Buyer will be processed in accordance with the Privacy and Personal Data Protection Policy. If there are processing purposes requiring the Buyer’s explicit consent, the Seller will also request explicit consent from the Buyer in accordance with the Law on the Protection of Personal Data No. 6698 and other relevant legislation, providing the option to refuse. In such cases, if the Buyer provides consent in the relevant areas, their personal data may also be processed for purposes requiring explicit consent.
- Necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken within the technical capabilities of the Seller's own system infrastructure, according to the nature of the information and transactions. However, as this information is entered from the Buyer's devices, it is the Buyer’s responsibility to take necessary precautions, including protection against viruses and other harmful applications, to ensure the security and prevent unauthorized access by third parties.
15. COMPLAINTS AND DISPUTE RESOLUTION
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All requests, complaints, and satisfaction notifications regarding the Products purchased under this Preliminary Information Form must be communicated to the Seller using the contact channels listed below;
Customer Service Contact Information
Email : hello@wayt.studio Phone : 0537 494 98 42 - In disputes arising from the Contract, the Provincial and District Consumer Arbitration Committees are competent within the monetary limits set and announced each year by the Ministry of Commerce according to the relevant legislation. In cases exceeding these limits, the Consumer Courts are competent. The Buyer may apply to the Arbitration Committees and Consumer Courts in their own or the Seller’s place of residence.