1. PARTIES

1.1. This Distance Sales Agreement ("Agreement"); Address specified in Article 5 ("Recipient") and the head office Büyükdere Caddesi No. 243Levent, Istanbul, Turkey /ANTALYA  , located at the address  ("Seller"") in electronic environment within the framework of the terms and conditions stated below.
 
2. DEFINITIONS

2.1. In the application and interpretation of this contract, the terms written below shall express written explanations against them:
 
Law : Law No. 6502 on Consumer Protection
 
Regulation : Regulation on Distance Contracts
 
KVKK: Law No. 6698 on the Protection of Personal Data
 
Sales person:
 
A natural or legal person who offers goods to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the supplier, including public legal entities.
 
Buyer:
 
A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes
 
Site : simagift.com
 
Parties: Seller and Buyer
 
Product(s): Any product subject to sale on the site
 
 
 
3. SUBJECT
 
The subject of the contract; The rights and obligations of the Parties, in accordance with the provisions of the relevant legislation, in particular the Law and the Regulation, regarding the sale and delivery of the Product, the qualifications and sale price of which are specified below, which the Buyer places to the Seller in electronic environment through the Site.
 
 
 
4. ISSUES WHICH WAS INFORMED BEFORE THE BUYER
 
In the following matters, the Buyer shall accept all of the relevant parts of the Site, the Agreement and the Preliminary Information Form below, before the Buyer accepts this Agreement and enters into an obligation to pay.
accepts that he has examined, read, understood the explanations and that the necessary information has been given to him.
 
1. Basic characteristics of the product subject to the contract
 
2. The seller's title, contact information, current introductory information, the professional chamber to which he is a member and the electronic contact information that can be obtained from the code of conduct stipulated by the profession, and the MERSIS number.
 
3. If the total price of the product, including all taxes, cannot be calculated in advance due to its nature, the method of calculation of the price, all shipping, delivery and similar additional costs, if any, and information that additional costs may be paid if these cannot be calculated in advance.
 
4. Information on payment, delivery, shipping restrictions, performance, and commitments, if any, and the Seller's resolution methods for complaints  
 
5. According to its nature, all other sales conditions included in the Agreement and this Agreement will be sent to the Buyer by e-mail after the Buyer has approved and established it on the Site. Member in
 
 
 
5. SELLER INFORMATION
 
Title: SIMA HEDIYELIK EŞYA SANAYİ VE TİCARET LİMİTED
 
Address: Büyükdere Caddesi No. 243Levent, Istanbul, Turkey
   
E-mail: sima gift@hotmail.com
 
The Seller, who can always be accessed through his account, can also keep the Contract for 3 (three) years.
 
6. In cases where there is a right of withdrawal, information regarding the conditions, duration, procedure of the exercise of this right and, if any, the carrier that the Seller envisages for the return.
 
7. The full address, fax number or e-mail information to which the withdrawal notification will be made
 
8. In cases where the right of withdrawal cannot be exercised, the Buyer cannot benefit from the right of withdrawal or under which conditions the right of withdrawal cannot be exercised.
 
9. In case of dispute, the Buyer can submit his/her complaints to the Seller with the contact information and legal applications, in accordance with the relevant provisions of the Law  to District/Provincial Arbitration Committees and
 
to the Consumer Courts.

 
6. BUYER INFORMATION
 
Name/Surname: [name/surname]
 
Phone Number: [phone]
 
Address: [address]
 
Email: [email]
 
 
 
7. INVOICE INFORMATION
 
Name/Surname/Title: [name]
 
Address: [address]
 
TCKN/ Tax ID No.: [tax]
 
Invoice transmission: The printable image of the invoice issued within 7 (seven) days from the delivery of the order will be sent to the e-mail address given by the Buyer when creating the order.
 
 
 
8. CONTRACTING PRODUCTS
 
8.1. The basic features of the Products (type, quantity, brand/model, color, number) are available on the Site.
 
8.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
 
8.3. The sales price of the contracted goods, including all taxes, is shown in the table below.
 
[products]
 
 
 
Total: [total]
 
Payment Method: [payment]
 
Delivery Address: [delivery address]
 
Delivery Person: [deliveryname]
 
Billing Address: [invoiceaddress]
 
Order Date: [date]
 
Delivery Type: 
 
Delivery Fee: [shipping]
 
 
 
8.4. Product delivery will be made by the Seller and the costs will be covered by the Seller.
 
 
 
9. GENERAL PROVISIONS
 
9.1. The Buyer accepts, declares and undertakes that he has read all the information regarding the basic characteristics, sales price, payment method and delivery of the Product subject to the Contract, and that he is informed and gives the necessary confirmation in the electronic environment. Prior to the conclusion of the Contract, the Buyer's basic features of the ordered Product/Products, the price of the Products including taxes, payment and delivery
accepts, declares and undertakes that it has obtained the correct and complete information.
 
9.2. Each Product subject to the contract is delivered to the Buyer or the person and/or organization at the address specified by the Buyer, within the period specified in the preliminary information section of the website, depending on the distance from the Buyer's residence, provided that it does not exceed the legal period of 30 (thirty) days determined by the Regulation. If the Buyer fails to fulfill its obligations within this period, the Buyer may terminate the Agreement. The delivery date of the Products specified as “estimated delivery date” on the Site is stated as an estimate, and this expression does not include any commitment. These Products will be delivered to the Buyer within 30 (thirty) days at the latest as specified in the legislation.
 
9.3. The Seller undertakes to deliver the Contracted Product completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, information and documents required by the job, and to deliver the Product, free of all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the standards. It accepts, declares and undertakes to show the necessary attention and care, to act with prudence and foresight during the delivery of the product.
 
9.4. The Seller may procure a different package of Products of equal quality and price, by informing the Buyer and by obtaining its express approval, before the expiry of the performance obligation arising from the Contract.
 
9.5. The Buyer shall confirm this Agreement electronically for the delivery of the Product subject to the Contract, and that the Seller's obligation to deliver the Product subject to the Contract shall cease if, for any reason, the price of the Product subject to the Contract is not paid and/or is canceled in the records of the bank, financial institution. accepts, declares and undertakes. The Buyer accepts, declares and undertakes that the Seller does not have any  responsibility for the payments made to the Seller by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason. .
 
9.6. If the Buyer's credit card is not paid to the Seller by the relevant bank or financial institution, as a result of the unfair use of the Buyer's credit card by unauthorized persons after the delivery of the Product subject to the Contract to the person and/or organization at the address indicated by the Buyer or the Buyer. It accepts, declares and undertakes that it will return the product in question to the Seller within 1 (one) day at the Seller's expense.
 
9.7. The Seller, as the Seller/Supplier, shall notify the Buyer as soon as possible if the Product subject to the Contract cannot be delivered within the period due to force majeure situations such as the occurrence of circumstances that are beyond the will of the parties, unforeseeable and prevent and/or delay the fulfillment of the parties' debts. . In this case, the Buyer will have the right to demand from the Seller by choosing one of the options: 1- canceling the order, 2- replacing the product with its precedent, if any, 3- postponing the delivery process until the obstacle is removed. In case of cancellation of the order by the Buyer, the amount of the Product shall be paid to him in cash and in full within 14 (fourteen) days at the latest, in the payments made by the Buyer in cash. In the payments made by the Buyer by credit card, the Product amount is returned to the relevant bank within 14 (fourteen) days after the order is canceled by the Buyer. The Buyer accepts that the average process of reflecting the amount returned to the credit card by the Seller to the Buyer's account by the bank may take up to 3 (three) weeks in practice, since the reflection of this amount to the Buyer's accounts after the return of this amount to the bank is entirely related to the bank transaction process, the Buyer shall be liable to the Seller for possible delays. It accepts, declares and undertakes that it cannot hold .
 
9.8. The Buyer shall inspect the Contracted Product before receiving it; dented, broken, torn packaging, etc. will not receive the damaged and defective goods from the cargo company or the courier. The product is received shall be deemed to be undamaged and intact. It is the Buyer's responsibility to carefully protect the Product after delivery. If the right of withdrawal is to be used, the Product should not be used. The invoice must be returned.
 
9.9. If the buyer and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the Buyer, the Seller shall submit the identity and contact information of the credit card holder to the previous month. may request from the Buyer to present the statement of the credit card belonging to him or the bank of the cardholder. The order will be frozen until the Buyer provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.
 
9.10. In cases where the delivery of the ordered Product becomes impossible, the Seller is obliged to notify the Buyer in writing or with a permanent data store, within 3 (three) days from the date of learning about the situation. In this case, the Seller includes delivery costs.
shall return all collected payments to the Buyer within 14 (fourteen) days at the latest from the notification date.
 
9.11. Following the payment transaction, the Seller will send the Buyer this Agreement and the Preliminary Information Form, previously approved by the Buyer, with a confirmation e-mail containing the basic information about the Product, especially the price information. The Preliminary Information Form and the Distance Sales Agreement will always be accessible through the Buyer's Member Account on the Site in the next period (Continuous access is specific to the Buyer's membership).
 
 
10. SPECIAL CONDITIONS
 
10.1 The Seller, at its own discretion, may create various campaigns for the Buyers on the Site at various times, the conditions of which are determined exclusively by the Seller. If the Buyer returns the purchased Products for legal or contractual (right of withdrawal, etc.) reasons, the campaign conditions arranged by the Seller may not be valid as of the return date. In this case, the discount amount/benefit utilized within the scope of the campaign will be canceled and the said amount will be deducted from the refund payment to be made to the Buyer.
 
10.2. If the Buyer is able to benefit from more than one campaign on the same invoice, the campaigns will not be combined, and the Buyer will only be able to benefit from one campaign. The Buyer agrees, declares and undertakes that he will not make any claims in such a case.
 
10.3. The Seller reserves the right to stop, update and change the campaign conditions at any time the campaigns announced on the Site. The Buyer is required to review the campaign conditions before each purchase to be made from the Site.
 
 
 
11. RIGHT OF WITHDRAWAL
 
11.1. Buyer; In distance contracts related to the sale of goods, he may exercise his right to withdraw from the contract by refusing the goods without giving any reason within 14 (fourteen) days from the date of delivery of the Product to himself or the person/organization at the address indicated. The notification regarding the exercise of the right of withdrawal must be directed to the Seller within this period. The costs arising from the use of the right of withdrawal belong to the Seller. In determining the period of the right of withdrawal;
 
a) For Products that are subject to a single order and delivered separately, on the day when the Buyer or the third party determined by the Buyer receives the last good,
 
b) In the case of Products consisting of more than one piece, the Buyer or the third party determined by the Buyer receives the last piece,
 
c) In contracts where the Products are delivered regularly for a certain period of time, the day on which the Buyer or the third party determined by the Buyer receives the first goods is taken as a basis.
 
11.2. In order to exercise the right of withdrawal, the product must not have been used within the framework of the provisions of the “Products for which the Right of Withdrawal cannot be exercised” regulated under the title of Article 13. If this right is exercised,
 
I. Invoice of the delivered product, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of the institutions cannot be completed unless a return invoice is issued.)
 
II. The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
 
III. The Seller is obliged to return the total price to the Buyer within 14 (fourteen) days at the latest from the receipt of the withdrawal notice. From the exercise of the right of withdrawal, the Buyer must also return the product in question within 10 (ten) days.
 
IV. If there is a decrease in the value of the goods due to the Buyer's defect or if the return becomes impossible, the Buyer is obliged to compensate the Seller's losses at the rate of the Buyer's defect.
 
V. In case of falling below the campaign limit amount set by the Seller due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
 
 
 
12. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
 
The buyer will not be able to exercise his right of withdrawal in the following cases:
 
I. Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the seller (Products in the category of jewelry, gold and silver).
 
II. In goods prepared in line with the consumer's wishes or personal needs.
 
III. In goods that perish quickly or whose expiration date may pass.
 
IV. From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in the delivery of those whose return is not suitable in terms of health and hygiene.
 
V. Books, audio or video recordings, software programs and computer consumables (all kinds of software and programs, DVD, VCD, CD and cassettes, computer and in contracts related to stationery consumables (toner, cartridge, tape, etc.), telephone top-up orders).
 
VI. In the case of books, digital content and computer consumables presented in the material environment, if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
 
VII. In periodicals such as newspapers and magazines, except those provided under the subscription agreement.
 
VIII. In the evaluation of leisure time, which must be done on a certain date or period, for the purpose of accommodation, transportation, car rental, food and beverage supply and entertainment or rest.
 
IX. For services performed instantly in electronic environment or for Products delivered instantly to the consumer.
 
X. For services that are started to be performed with the approval of the consumer before the expiry of the right of withdrawal.
 
 
 
13. PROTECTION OF PERSONAL DATA
 
As explained in detail with the Clarification Text on the Site, the name, surname, e-mail address, TR Identity number, demographic data, financial data, etc. of the Buyer, which can be defined as personal data within the scope of KVKK. informations;  * to take orders, to offer products and services, to develop products and services, to solve system problems, to perform payment transactions, to use in marketing activities about products and services, if prior approval is given, The Seller, the Seller's affiliates and third parties and/or organizations for the purpose of updating, managing and maintaining the memberships, and for the execution of the distance sales contract and other agreements established between the Buyer and the Seller, and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the Seller. It can be recorded indefinitely/periodically, kept in written/magnetic archives, used, updated, shared, transferred and processed by other means. The Buyer accepts that his personal data may be Processed in this context.
 
 
 
14. CASE OF DEFERRED AND LEGAL CONSEQUENCES
 
The buyer accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank
may resort to ways; may claim the costs and attorney's fees to be incurred from the Buyer. In any case, in case of default due to its debt, the Buyer accepts, declares and undertakes to cover the loss and damage suffered by the Seller due to the delayed performance of the debt.
 
 
 
15. AUTHORIZED AND AUTHORIZED COURT WITH EVIDENCE AGREEMENT
 
In the resolution of any dispute that may arise from the Contract and/or the performance of the service, the Seller's records (including records in magnetic media such as computer-sound recordings) may constitute evidence. The parties accept, declare and declare that in disputes arising from the implementation and interpretation of the Agreement, the Consumer Arbitration Committees in the place of residence of the Buyer and the Seller within the monetary limits determined within the framework of the legislation, and in cases where the prices exceeding the dispute, the consumer courts in the domicile of the Buyer and the Seller shall be authorized. has committed.
 
Amount information for applications to be made to Consumer Arbitration Committees for 2021:
 
• District Consumer Arbitration Committees in disputes under 6.920,00 (six thousand nine hundred and twenty) Turkish Liras,
 
• Provincial Consumer Arbitration Committees in disputes between 6.920.00 (six thousand nine hundred and twenty) Turkish Liras and 10.390.00 (ten thousand three hundred and ninety) Turkish Liras in provinces with metropolitan status,
 
• Provincial Consumer Arbitration Committees in disputes under 10,390,00 (thirteen thousand three hundred and ninety) Turkish Liras in the centers of provinces that are not in metropolitan status,
 
• 6.920.00 (six thousand nine hundred and twenty) Turkish Liras and 10.390.00 (ten thousand three hundred and ninety) Turkish Liras in districts of provinces that are not in metropolitan status
Provincial Consumer Arbitration Committees are responsible for disputes between
 
It is not possible to apply to Consumer Arbitration Committees for disputes above these values. However, there are application opportunities arising from the TKHK and related legislation, especially the application to the consumer courts.
 
 
 
16. ENFORCEMENT
 
This Agreement enters into force from the moment it is approved by the Buyer, who has been informed by the Preliminary Information Form, by reading and fully understanding each of its provisions and approved in electronic environment.
 
This Agreement, which consists of a total of 12 (twelve) pages and 16 (sixteen) main articles, shall enter into force as soon as it is approved by the Buyer, by reading and fully understanding each of its provisions, and approved in electronic environment.
 
For your questions and suggestions, you can contact us at sima gift@hotmail.com.