HOLİDAYHOOKAH.COM DISTANCE AGREEMENT
1.PARTIES:
This Agreement has been signed between the parties below within the framework of the terms and conditions set forth below, within the scope of S.K. 6098, S.K. 6502 and related regulations.
'BUYER-LEASER'; (hereinafter referred to as "BUYER - LEASE" in the contract)
NAME- SURNAME: [Site will add automatically]
ADDRESS: [Site will add automatically]
TEL: [Site will add automatically]
'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: BURAK DOĞRU – Holidayhookah.com
ADDRESS: www.holidayhookah.com
TEL: (+4915257378888)
By accepting this contract, the 'BUYER-LEASER' accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the leased order, the deposit fee, and the additional fees specified such as tax and that it has been informed about this issue..
2.DEFINITIONS:
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Refers the Minister of Customs and Trade.
MINISTRY: Refers the Ministry of Customs and Trade.
LAW: Consumer Protection Law No. 6502,
REGULATION: Refers to the Distance Contracts Regulation (RG:27.11.2014/29188)
SERVICE: It refers to the subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit.
SELLER: It refers to the person or company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier.
BUYER-LEASER: It refers to the natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes.
SITE: Refers the website of the SELLER (www.holidayhookah.com).
ORDERING PERSON: The natural or legal person who requests to rent a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER-LEASER,
AGREEMENT: This contract concluded between the SELLER and the BUYER-LEASER,
MAL: Refers to the movable goods subject to shopping (renting).
3.SUBJECT:
This Agreement regulates the rental of the product, the qualifications and rental price of which are specified below, that the BUYER-LEASOR rents by placing an order electronically on the website of the SELLER (www.holidayhookah.com).This contract also regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the delivery of these products.
Prices listed and announced on the site are rental prices. 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.
4. SELLER INFORMATION:
Title: Holidayhookah
Address: (Zümrütova Mh. Fener Cd. 89 Zümrüt Sitesi Blok A Kat 4 Daire 7)
Phone: (+4915257378888)
Email: burak@holidayhookah.com
5. BUYER-LEASER INFORMATION:
Person to be delivered: Person who ordered through the Website
Delivery Address: The address stated during the rental.
Phone: The phone number reported during the rental.
Email/username: Email address entered during registration
6. ORDERING PERSON INFORMATION
Name/Surname/Title:
Address:
Telephone:
Email/username
7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
7.1. The basic features (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Campaign conditions are valid between the declared start and end dates.
7.2. Prices listed and announced on the site are rental prices. For the sale of the product, it is necessary to contact separately. 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.
7.3. The rental price of the goods or services subject to the contract, including all taxes, is shown below.
Payment Method and Schedule: Cash on Delivery.
Delivery Address: The address declared by the Buyer on the site.
Delivery person: Holidayhookah.com employee.
Order Date: Rental date created by the buyer on the site.
Delivery date: The same day as the rental date created by the buyer on the site.
Delivery method: hand delivery. During the delivery by hand, the SELLER may request a picture of an official document such as ID, passport, driver's license belonging to the BUYER-LEASER for security purposes. The SELLER is responsible for carefully keeping the photo of the official document belonging to the BUYER within the scope of personal data protection law (PDPL) and confidentiality obligations and destroying it after the product is returned.
7.4. The shipping cost of the product is included in the rental price and will not be collected separately. Rental fee will be paid by the BUYER.
7.5. DEPOSIT: During the order/rental of the product on the website, the deposit fee of 10% (20 €) must be sent to the payment account specified on the site. The deposit fee of the product is 200 € (two hundred euro). 10% of the deposit amount will be paid at the time of order and the remaining 90% (180 €) will be paid in cash at the time of product delivery.
7.6. Deposit Refund Policy: In case of damage and damage caused by user error, carelessness and carelessness, the deposit received at the delivery of the product will not be refunded. In case the damage is greater than the deposit amount, the amount of damage equal to the amount exceeding the deposit amount will be collected from the BUYER. In case the damage-damage cost is low, the determined damage amount will be deducted from the deposit and returned to the BUYER. In case the product is delivered undamaged and complete, the deposit received for the rental and delivery of the product will be fully refunded. In case of damage due to user error in the contents of the bag within the scope of the deposit. Deduction will be made as “Bag = 150 euro, Hookah = 50 euro, Tube Furnace = 20 euro, Jars = 5 euro each, Bowl = 30 euro, Smoke-box = 40 euro”.
8. BILLING INFORMATION:
Name/Surname/Title:
Address:
Telephone:
Email/user:
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
9. GENERAL PROVISIONS:
9.1. The BUYER-LEASER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, rental price, deposit and payment method and delivery of the product subject to the contract on the website of the SELLER, that he is informed and gives the necessary confirmation in the electronic environment, The BUYER-LEASOR confirms the Preliminary Information electronically,The BUYER-LEASER accepts, declares and undertakes that he has obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information, before the establishment of the distance contract..
9.2. Each product subject to the contract is delivered by hand to the person and/or organization at the address indicated by the BUYER or the BUYER, on the same day as the order date, to the regions specified on the website, depending on the distance from the BUYER's residence, provided that it does not exceed the legal period of 30 days.If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, information and documents required for the job.The SELLER accepts, declares and undertakes to perform the work in accordance with the principles of honesty and integrity, in accordance with the necessary hygiene-health rules, in accordance with the standards, in accordance with the requirements of the legal legislation, free from all kinds of defects.It accepts, declares and undertakes to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the contract, and that in case the price of the product subject to the contract is not paid for any reason, the SELLER's obligation to deliver the product subject to the contract will end..
9.7. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure situations (natural disasters; flood, earthquake, fire, flood, pandemic, martial law, etc.) that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties,accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. The BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.8. The SELLER has the right to reach the BUYER through the addresses specified by the BUYER in the registration form on the site or updated by him later.The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means via e-mail address, fixed and mobile phone lines and other contact information.By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities..
9.9. The BUYER shall check the contractual goods/services before receiving them;The BUYER shall not receive any dented, broken, torn packaging, etc. damaged and defective goods/services.The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery, and acting in accordance with the instructions for use regarding flammable explosive products, belongs to the BUYER. Since the product subject to the contract is on the list of products for which the right of withdrawal cannot be exercised, the BUYER accepts, declares and undertakes that he does not have the right of withdrawal and cannot hold the SELLER responsible for possible situations.
9.10. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER is true.The SELLER declares and undertakes to indemnify all damages to be incurred due to the untruthfulness of this information, upon the first notification of the SELLER, immediately, in cash and in full.
9.11. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal obligations to arise will bind the BUYER completely and exclusively.
9.12. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others.In addition, the member cannot engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.13. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.14. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. In addition, if the incident is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL:
Since the content of the distance contract on our site is in the following scope, the right of withdrawal cannot be exercised in accordance with Article 15 of the regulation.“Within the scope of product rentals that must be made on a certain date or period, related to the provision of food and beverage, and the use of leisure time for entertainment or recreation and which are not suitable for return in terms of health and hygiene.”
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL:
The BUYER cannot use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the buyer's wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the buyer.
h) Contracts regarding services that are started to be performed with the approval of the buyer, before the expiry of the right of withdrawal.
In case of the existence of one of the items listed above, it is not possible to use the right of withdrawal and refund as per Article 15 of the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
12. STATUS OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card.In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT:
Complaints and objections in disputes arising from this contract, within the monetary limits announced by the Ministry of Customs and Trade in December every year, consumer problems in the place of residence of the consumer specified in the law below, or in the place where the consumer transaction is made, will be made to the arbitral tribunal or to the consumer court.This distance sales contract has been read, accepted and confirmed by the parties electronically. The provisions of the Law No. 6502 on the Protection of the Consumer and the relevant legislation shall apply to the matters that are not regulated in this distance sales contract.
Pursuant to the "Communiqué on Increasing the Monetary Limits in Article 68 of the Law No. 6502 on the Protection of Consumers and Article 6 of the Regulation on Consumer Arbitration Committees" prepared by the Ministry of Commerce,In the applications to be made to the Consumer Arbitration Committees for the year 2022, in matters whose value is higher than the following amounts; (consumer court will be in charge in disputes);
a) District Consumer Arbitration Committees in disputes less than 10.280 Turkish Liras,
b) Provincial Consumer Arbitration Committees in disputes between 10,280 Turkish Liras and 15,430 Turkish Liras in provinces with metropolitan status,
c) Provincial Consumer Arbitration Committees in disputes under 15,430 Turkish Liras in the centers of provinces that are not in metropolitan status,
d) Provincial Consumer Arbitration Committees in disputes between 10,280 Turkish Liras and 15,430 Turkish Liras in districts of provinces that are not in metropolitan status,
In disputes over these amounts, the consumer court will be in charge.
14.NOTICES and EVIDENCE AGREEMENT:
Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The BUYER accepts, declares and undertakes that in disputes that may arise from this Agreement, the official books and commercial records of the SELLER, the electronic information and computer records kept in its database and servers will constitute binding, definitive and exclusive evidence. The BUYER accepts, declares and undertakes that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
15. ENFORCEMENT:
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: Holidayhookah.com – BURAK DOĞRU
BUYER: #
DATE: #
1.PARTIES:
This Agreement has been signed between the parties below within the framework of the terms and conditions set forth below, within the scope of S.K. 6098, S.K. 6502 and related regulations.
'BUYER-LEASER'; (hereinafter referred to as "BUYER - LEASE" in the contract)
NAME- SURNAME: [Site will add automatically]
ADDRESS: [Site will add automatically]
TEL: [Site will add automatically]
'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: BURAK DOĞRU – Holidayhookah.com
ADDRESS: www.holidayhookah.com
TEL: (+4915257378888)
By accepting this contract, the 'BUYER-LEASER' accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the leased order, the deposit fee, and the additional fees specified such as tax and that it has been informed about this issue..
2.DEFINITIONS:
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Refers the Minister of Customs and Trade.
MINISTRY: Refers the Ministry of Customs and Trade.
LAW: Consumer Protection Law No. 6502,
REGULATION: Refers to the Distance Contracts Regulation (RG:27.11.2014/29188)
SERVICE: It refers to the subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit.
SELLER: It refers to the person or company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier.
BUYER-LEASER: It refers to the natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes.
SITE: Refers the website of the SELLER (www.holidayhookah.com).
ORDERING PERSON: The natural or legal person who requests to rent a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER-LEASER,
AGREEMENT: This contract concluded between the SELLER and the BUYER-LEASER,
MAL: Refers to the movable goods subject to shopping (renting).
3.SUBJECT:
This Agreement regulates the rental of the product, the qualifications and rental price of which are specified below, that the BUYER-LEASOR rents by placing an order electronically on the website of the SELLER (www.holidayhookah.com).This contract also regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the delivery of these products.
Prices listed and announced on the site are rental prices. 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.
4. SELLER INFORMATION:
Title: Holidayhookah
Address: (Zümrütova Mh. Fener Cd. 89 Zümrüt Sitesi Blok A Kat 4 Daire 7)
Phone: (+4915257378888)
Email: burak@holidayhookah.com
5. BUYER-LEASER INFORMATION:
Person to be delivered: Person who ordered through the Website
Delivery Address: The address stated during the rental.
Phone: The phone number reported during the rental.
Email/username: Email address entered during registration
6. ORDERING PERSON INFORMATION
Name/Surname/Title:
Address:
Telephone:
Email/username
7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
7.1. The basic features (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Campaign conditions are valid between the declared start and end dates.
7.2. Prices listed and announced on the site are rental prices. For the sale of the product, it is necessary to contact separately. 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.
7.3. The rental price of the goods or services subject to the contract, including all taxes, is shown below.
| Product description | Pcs | Unit Price | Subtotal (VAT included) |
| Bag Set Rental Fee | 1 | 1 | 99 € (Euro) |
| Deposit |
1 | 1 | 200 € (Euro) |
| Freight Charge | Hand delivery is included in the price. | ||
| Total Including Deposit: 299 € (Euro) | |||
Payment Method and Schedule: Cash on Delivery.
Delivery Address: The address declared by the Buyer on the site.
Delivery person: Holidayhookah.com employee.
Order Date: Rental date created by the buyer on the site.
Delivery date: The same day as the rental date created by the buyer on the site.
Delivery method: hand delivery. During the delivery by hand, the SELLER may request a picture of an official document such as ID, passport, driver's license belonging to the BUYER-LEASER for security purposes. The SELLER is responsible for carefully keeping the photo of the official document belonging to the BUYER within the scope of personal data protection law (PDPL) and confidentiality obligations and destroying it after the product is returned.
7.4. The shipping cost of the product is included in the rental price and will not be collected separately. Rental fee will be paid by the BUYER.
7.5. DEPOSIT: During the order/rental of the product on the website, the deposit fee of 10% (20 €) must be sent to the payment account specified on the site. The deposit fee of the product is 200 € (two hundred euro). 10% of the deposit amount will be paid at the time of order and the remaining 90% (180 €) will be paid in cash at the time of product delivery.
7.6. Deposit Refund Policy: In case of damage and damage caused by user error, carelessness and carelessness, the deposit received at the delivery of the product will not be refunded. In case the damage is greater than the deposit amount, the amount of damage equal to the amount exceeding the deposit amount will be collected from the BUYER. In case the damage-damage cost is low, the determined damage amount will be deducted from the deposit and returned to the BUYER. In case the product is delivered undamaged and complete, the deposit received for the rental and delivery of the product will be fully refunded. In case of damage due to user error in the contents of the bag within the scope of the deposit. Deduction will be made as “Bag = 150 euro, Hookah = 50 euro, Tube Furnace = 20 euro, Jars = 5 euro each, Bowl = 30 euro, Smoke-box = 40 euro”.
8. BILLING INFORMATION:
Name/Surname/Title:
Address:
Telephone:
Email/user:
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
9. GENERAL PROVISIONS:
9.1. The BUYER-LEASER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, rental price, deposit and payment method and delivery of the product subject to the contract on the website of the SELLER, that he is informed and gives the necessary confirmation in the electronic environment, The BUYER-LEASOR confirms the Preliminary Information electronically,The BUYER-LEASER accepts, declares and undertakes that he has obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information, before the establishment of the distance contract..
9.2. Each product subject to the contract is delivered by hand to the person and/or organization at the address indicated by the BUYER or the BUYER, on the same day as the order date, to the regions specified on the website, depending on the distance from the BUYER's residence, provided that it does not exceed the legal period of 30 days.If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, information and documents required for the job.The SELLER accepts, declares and undertakes to perform the work in accordance with the principles of honesty and integrity, in accordance with the necessary hygiene-health rules, in accordance with the standards, in accordance with the requirements of the legal legislation, free from all kinds of defects.It accepts, declares and undertakes to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the contract, and that in case the price of the product subject to the contract is not paid for any reason, the SELLER's obligation to deliver the product subject to the contract will end..
9.7. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure situations (natural disasters; flood, earthquake, fire, flood, pandemic, martial law, etc.) that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties,accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. The BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.8. The SELLER has the right to reach the BUYER through the addresses specified by the BUYER in the registration form on the site or updated by him later.The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means via e-mail address, fixed and mobile phone lines and other contact information.By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities..
9.9. The BUYER shall check the contractual goods/services before receiving them;The BUYER shall not receive any dented, broken, torn packaging, etc. damaged and defective goods/services.The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery, and acting in accordance with the instructions for use regarding flammable explosive products, belongs to the BUYER. Since the product subject to the contract is on the list of products for which the right of withdrawal cannot be exercised, the BUYER accepts, declares and undertakes that he does not have the right of withdrawal and cannot hold the SELLER responsible for possible situations.
9.10. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER is true.The SELLER declares and undertakes to indemnify all damages to be incurred due to the untruthfulness of this information, upon the first notification of the SELLER, immediately, in cash and in full.
9.11. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal obligations to arise will bind the BUYER completely and exclusively.
9.12. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others.In addition, the member cannot engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.13. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.14. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. In addition, if the incident is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL:
Since the content of the distance contract on our site is in the following scope, the right of withdrawal cannot be exercised in accordance with Article 15 of the regulation.“Within the scope of product rentals that must be made on a certain date or period, related to the provision of food and beverage, and the use of leisure time for entertainment or recreation and which are not suitable for return in terms of health and hygiene.”
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL:
The BUYER cannot use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the buyer's wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the buyer.
h) Contracts regarding services that are started to be performed with the approval of the buyer, before the expiry of the right of withdrawal.
In case of the existence of one of the items listed above, it is not possible to use the right of withdrawal and refund as per Article 15 of the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
12. STATUS OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card.In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT:
Complaints and objections in disputes arising from this contract, within the monetary limits announced by the Ministry of Customs and Trade in December every year, consumer problems in the place of residence of the consumer specified in the law below, or in the place where the consumer transaction is made, will be made to the arbitral tribunal or to the consumer court.This distance sales contract has been read, accepted and confirmed by the parties electronically. The provisions of the Law No. 6502 on the Protection of the Consumer and the relevant legislation shall apply to the matters that are not regulated in this distance sales contract.
Pursuant to the "Communiqué on Increasing the Monetary Limits in Article 68 of the Law No. 6502 on the Protection of Consumers and Article 6 of the Regulation on Consumer Arbitration Committees" prepared by the Ministry of Commerce,In the applications to be made to the Consumer Arbitration Committees for the year 2022, in matters whose value is higher than the following amounts; (consumer court will be in charge in disputes);
a) District Consumer Arbitration Committees in disputes less than 10.280 Turkish Liras,
b) Provincial Consumer Arbitration Committees in disputes between 10,280 Turkish Liras and 15,430 Turkish Liras in provinces with metropolitan status,
c) Provincial Consumer Arbitration Committees in disputes under 15,430 Turkish Liras in the centers of provinces that are not in metropolitan status,
d) Provincial Consumer Arbitration Committees in disputes between 10,280 Turkish Liras and 15,430 Turkish Liras in districts of provinces that are not in metropolitan status,
In disputes over these amounts, the consumer court will be in charge.
14.NOTICES and EVIDENCE AGREEMENT:
Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The BUYER accepts, declares and undertakes that in disputes that may arise from this Agreement, the official books and commercial records of the SELLER, the electronic information and computer records kept in its database and servers will constitute binding, definitive and exclusive evidence. The BUYER accepts, declares and undertakes that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
15. ENFORCEMENT:
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: Holidayhookah.com – BURAK DOĞRU
BUYER: #
DATE: #