THATSHOP
DISTANCE SALES CONTRACT
1. INTRODUCTION
Hereby document (together with all other documents referred to below) sets out the terms and conditions for the use of hereby website and the purchase of products through this website (hereinafter referred to as the "Terms of Use").
Likewise, hereby document shall be deemed to be a contract between the buyer and the seller. Before using the website (hereinafter referred to as the "Website"), the Customer must read the General Terms of Use, Privacy and Trust Policy, Return and Exchange Terms, General Terms and Conditions (collectively referred to as the "Distance Sales Contract"). When you use this website or place an order through the website, you, dear valued Customer, accept, declare, and undertake that you have given your express consent to be subject to the terms of hereby Distance Sales Contract. If the Customer does not agree to all the terms of the Distance Sales Contract, s/he must not use the website. The terms of this Distance Sales Contract can be modified. It is the Customer's responsibility to read them regularly and the terms of the Distance Sales Contract in force at the time the Customer uses the Website or forms the Contract (as defined below) will apply to the Customer.
The web pages on our website and all pages linked to it ('site') are the property of and operated by Blue Way Tur ve Tic Sti Ltd. (THATCONCEPT SHOP), located at the address "Karaoğlanoğlu Caddesi, No.27, Edremit-Kyrenia, Northern Cyprus" (the "Company").
Seller's Information:
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In hereby contract, the name of the seller is THATSHOP.
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Company name/title: Blue Way Holding Ltd (THATCONCEPT SHOP)
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E-mail: hey@thatshop.co
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Address: Karaoğlanoğlu Caddesi No.27 Edremit Kyrenia Northern Cyprus
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Phone: +90 392 444 47 67 (SHOP)
Buyer refers to the natural and/or legal person who reads hereby informing and subsequently places the order and/or completes the payment by filling out the relevant forms.
2. OUR INFORMATION
All services provided in the Seller's shop and the web pages on our website and all pages connected to it ('website') are the property of and operated by the Seller Company (the 'Company'), Blue Way Holding Ltd (THATCONCEPT SHOP), registered at Karaoğlanoğlu Caddesi No.27 Edremit Kyrenia North Cyprus.
The sale of goods through this website is carried out under the name THATSHOP.
3. GENERAL TERMS OF USE
Our Buyers who use and shop on this shopping website are deemed to have accepted the following terms:
You ('Buyer') are deemed to have accepted that you are subject to the following terms when using all the services offered on the website, that you have the right, authority and legal capacity to sign a contract in accordance with the laws you are bound by in the process of using and continuing to use the service on the site and that you are over the age of 18, that you have read and understood this contract and that you are bound by the terms written in the contract.
Hereby contract imposes rights and obligations on the parties regarding the website subject to the contract, and when the parties accept this contract, they declare that they will fulfill the rights and obligations mentioned in full, correct, timely, within the conditions requested in this contract.
THATSHOP reserves the right to make changes regarding Return and Exchange Terms. In case of changes to the Return and Exchange Terms, the Return and Exchange Terms contract will be applied as amended.
3.1 RESPONSIBILITIES
3.1.1 The Seller reserves the right to make changes to prices and the products and services offered at any time.
3.1.2 The Seller agrees and undertakes that the Buyer shall benefit from the services subject to the contract only in the event that the Buyer fulfils the obligations that the Buyer undertakes to fulfill in the contract, except for technical failures.
3.1.3 The Buyer agrees in advance that s/he will not reverse engineer the use of the website or take any other action to find or obtain their source code, otherwise s/he will be liable for any damages arising before third parties and that legal and criminal proceedings will be taken against him/her.
3.1.4 The Buyer agrees that s/he will not produce or share content that is contrary to general morality and decency, against the law, damaging the rights of third parties, misleading, offensive, obscene, pornographic, damaging personal rights, violating copyrights, promoting illegal activities in his/her activities within the website, in any part of the website or in his/her communications. Otherwise, s/he is fully responsible for the damages that may arise, and, in this case, the 'Website' authorities reserve the right to suspend, terminate such accounts and initiate legal proceedings. For this reason, "Website" authorities reserve the right to share information about events or user accounts if requested by judicial authorities.
3.2 INTELLECTUAL PROPERTY RIGHTS
3.2.1 All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information, and method contained in hereby Website belong to the website operator and owner company or the specified person concerned and are under the protection of the legal legislation applied in the TRNC, the law of the Republic of Turkey and international law. Visiting hereby Website or using the services on this Website does not give any rights to the intellectual property rights in question.
3.2.2 The information contained on the Website cannot be reproduced, published, copied, presented and/or transmitted in any way. The whole or part of the Website may not be used on any other website without permission. In case of violation of this article by the Buyer, the Seller reserves the right to take all legal remedies in this regard.
3.3 PRIVACY AND SECURITY POLICY
3.3.1 Some personal information (such as name-surname, company information, telephone, address, or e-mail addresses) of the members are collected by the Seller due to the nature of the business by filling out various forms and questionnaires on the membership or the Seller's Shop.
3.3.2 The Seller shall not disclose the personal information transmitted by users through the site to third parties, except for the conditions in the provisions of Article "3.3.3." and Article "3.3.8" below. This personal information includes all kinds of other information to identify the Buyer such as name-surname, address, telephone number, mobile phone number, e-mail address and will be referred to as 'Confidential Information'.
3.3.3 Confidential Information may only be disclosed to the official authorities if such information is duly requested by the official authorities and in cases where disclosure to the official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.
3.3.4 The Buyer accepts and declares that s/he consents to the company that owns the Website to share his/her contact, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, limited to its use only within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement, etc. This personal information may be used to determine the Buyer profile within the company, to offer promotions and campaigns in accordance with the Buyer profile and to conduct statistical analysis. In some periods, the Seller may send campaign information, information about new products, promotional offers to its customers and members. The Buyer may make any choice as to whether or not to receive such notification when becoming a member and may change this choice in the account information section after logging in or notify the Buyer via the link in the notification message s/he receives.
3.3.5 During the approval process carried out through the Seller or by e-mail, the personal information transmitted to our store electronically by the Buyer may also be used for the purposes and scope determined by the "Distance Sales Contract" concluded by the Seller with the Buyer.
3.3.6 In order to identify problems with the system and to quickly resolve problems or disputes that may arise regarding the service provided, the Seller records and uses the IP address of the Buyers. IP addresses may also be used to identify Buyers in a general way and to collect comprehensive demographic information.
3.3.7 The Seller may use the requested information for direct marketing purposes by itself or its collaborators outside the purposes and scope specified in the Membership Contract. Personal information may also be used by the Seller to contact the Buyer if necessary. The information requested by the Seller, or the information provided by the Buyer or information about transactions made through the Seller's Shop may be used for various statistical evaluations, database creation and market research.
3.3.8 The Seller undertakes to keep confidential information strictly private and confidential, to regard it as a confidentiality obligation and to take all necessary measures and exercise due diligence to ensure and maintain confidentiality and to prevent all or any part of the confidential information from entering the public domain or from unauthorized use or disclosure to a third party.
3.4 NON-WARRANTY PROCEDURE
3.4.1 Hereby contractual clause shall apply to the maximum extent permitted by applicable law. The services offered by the Company are provided on an "as is" and "as available" basis and make no warranties of any kind, express or implied, statutory, or otherwise, with respect to the services or the application (including all information contained therein), including all implied warranties of merchantability, fitness for a particular purpose or non-infringement.
3.4.2 In hereby Contract, the responsibility for the electronic products purchased and / or supplied through the Seller belongs to the Manufacturer.
3.5 REGISTRATION AND SECURITY
3.5.1 The Buyer must provide correct, complete, and up-to-date registration information. Otherwise, this Contract ("Distance Sales Contract") will be deemed to have been violated and the account can be closed without informing the User.
3.5.2 The Buyer is responsible for password and account security on the Seller and third party websites. The Seller cannot be held responsible for any data loss and security breaches or damage to hardware and devices that may otherwise occur.
3.6 FORCE MAJEURE
3.6.1 If the obligations arising from the contract cannot be performed by the parties due to reasons beyond the control of the parties such as natural disasters, fire, explosions, civil wars, wars, riots, epidemics, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the parties are not responsible until the force majeure is eliminated.
3.6.2 In the event that it becomes impossible to sell the purchased product, except for the above-mentioned force majeure reasons and except for the reasons of supply and / or stock insufficiency caused by the manufacturer, the Seller is obliged to notify the Buyer in writing within 3 days of finding out about the situation. Within 14 days, the total price must be returned to the Buyer.
3.7 CONTRACTUAL INTEGRITY AND ENFORCEABILITY
1. If one of the terms of this contract becomes partially or completely invalid, the rest of the contract remains valid, unless the Buyer has not breached its contractual obligations.
3.8 CHANGES TO BE MADE IN THE CONTRACT
2. The Seller can change the services offered on the website and the terms of this contract partially or completely at any time. Changes will be effective from the date of publication on the website. It is the Buyer's responsibility to keep track of any changes. The Buyer is deemed to have accepted these changes by continuing to benefit from the services offered.
3.9 NOTICE
3. All notifications to be sent to the parties with hereby Contract will be made to the Seller's known e-mail address and / or WhatsApp number and / or the e-mail address and / or WhatsApp number specified by the Buyer / User in the membership form. The Buyer agrees that the address specified when becoming a member is the valid notice address, in case it changes, it will notify the other party in writing within 5 days, otherwise the notifications to be made to this address will be deemed valid.
3.10 EVIDENTIAL CONTRACT
In all disputes that may arise between the parties for transactions related to this contract, electronic mail, social media correspondence, ledgers, records and documents, computer records and fax records kept by the company will be accepted as evidence and / or testimony under the Chapter 9 Witness Act. In addition, in any disputes that may arise for transactions related to this contract, 9/76 Courts Law, Chapter 9 Witness Law and Chapter 149 Contracts Law and Turkish and international law deposits will be accepted as evidence in accordance with the Civil Procedure Law No. 6100, and the Buyer and / or User agrees not to object to these records.
3.11 DISPUTE SOLUTIONS
The TRNC Courts shall be competent for the settlement of any dispute arising out of the implementation or interpretation of hereby Contract.
3.12 APPLICABLE LEGAL LEGISLATION
Buyers are subject to the provisions of the Consumer Protection Act No. 40/2003 and Chapter 149 Contracts Act and other applicable laws and regulations as set out in clause 3.10 above in relation to the sale and delivery of the purchased product.
3.13 NON-PAYMENT OF THE PURCHASED PRODUCT
If the Buyer does not pay the price of the purchased product or cancels it in the bank records, the Seller's obligation to deliver the product will be terminated.
3.14 BUYER'S OBLIGATION TO CHECK THE PRODUCT
3.14.1 The buyer must inspect the contracted goods/ services before receiving the goods/services and shall not receive damaged and defective (damaged, broken, torn packaging, defective, etc.) goods/services from the cargo company.
3.14.2 The goods/services received shall be deemed to be undamaged and unharmed. The Buyer is obliged to protect the goods/service carefully after delivery. If the right of withdrawal is to be used, the goods / services should not be used and / or the packaging should not be opened in case of packaged products. The Invoice must be returned with the product.
3.14.3 The Buyer is required to open the received package in the presence of the cargo officer and check the order. The product that the Buyer opens and checks in the presence of the cargo officer is deemed to be delivered without any problems. The Seller is not responsible for any problems and/or damage to the product during shipping.
4. RETURN AND EXCHANGE TERMS
4.1 THATSHOP prioritizes the protection of consumer rights among its top priorities. All kinds of product and service-related problems you experience during all your purchases on the THATSHOP official website are meticulously evaluated and resolved as soon as possible. For this reason, our post-delivery survey and/or your comments are important to us so that we can serve you better.
4.2 In case of shopping, hereby Return and Exchange Terms will be deemed to be accepted and/or approved.
4.3 For the continuation of this article, the Customer and/or the shopper shall be referred to as "Buyer" and THATSHOP shall be referred to as "Seller".
4.4 THATSHOP reserves the right to make changes to the Return and Exchange Terms, and in case of changes to the Return and Exchange Terms, the modified return and exchange terms will apply.
4.5 In case the protective elements such as packaging, tape, seal, package is opened after the delivery of the goods, the right to exchange the product and the right of withdrawal and / or shopping cancellation (return) regarding
food, bread, jam, and other food products offered in the material environment are excluded from the scope. We do not accept returns of any product whose packaging has been opened and/or used. Books whose packaging is opened and/or the nylon packaging is torn after the delivery of the goods are also excluded from the scope of return.
4.6 The Buyer accepts that the warranty and maintenance and/or service policies of the small household appliances (SMEG and BOSCH brands) purchased by the Buyer may differ between the companies. The Buyer acknowledges that coverage of warranty, maintenance, and service policies applicable to small household appliances is the responsibility of the primary supplier. The Seller shall not be liable for any malfunction and/or damage and/or defective and/or defective goods arising from the supplier company. The Buyer agrees that s/he has no right of return after the completion of the assembly of the white goods purchased.
4.7 For products not covered by the provisions of Articles 4.5 and 4.6 above, the following conditions shall apply:
4.7.1 Return Period (Right of Withdrawal and/or Cancellation)
4.7.1.1 In distance contracts for the sale of goods, the Buyer has the right to withdraw from the contract and / or cancel the contract by rejecting the purchased goods and / or shopping products and / or goods within three days from the date of receipt of the goods (except for small household appliances specified in Article 4.6 above through the supplier company) without any legal and penal liability, if the goods are not defective and / or defective and / or the packaging is not damaged and / or unwashed and / or unused and / or unwashed.
4.7.1.2 In distance contracts for the provision of services, this period starts on the date the contract is signed. In the contract, the Buyer and / or consumer may exercise the right of withdrawal and / or cancellation if the performance of the service is agreed to be made before the expiration of one week and the goods and / or products subject to sale have not been shipped. If the product has been shipped, the Buyer and / or the consumer will be deemed to have lost the right to cancel and / or withdrawal as of the notice to the Buyer that the product has been shipped. If the Buyer and/or the consumer has fulfilled its obligations under this paragraph, the Seller shall be responsible for the costs incurred.
4.7.1.3 In order to exercise the right of withdrawal in accordance with the provisions of this Agreement and the information made an integral part of this contract, the Buyer must notify the Seller via phone and/or e-mail notified above within three days provided that the goods/services are not damaged in their packaging and contents, the goods /services are available for resale by the Seller and the product is not shipped.
4.7.1.4 The return procedures within the scope of the Right of Withdrawal and / or Cancellation are included in the Distance Sales Contract. If this right is used, the original invoice for the goods/services delivered to the third party or the Buyer must be returned.
4.7.1.5 The cost of the goods / service and delivery costs shall be returned to the Buyer within 30 (thirty) days at the latest following the receipt of the notice of the right of withdrawal and / or cancellation, and the Buyer is obliged to return the goods / service within 10 (ten) days.
4.7.1.6 If the original invoice is not sent, no return and/or payment and/or exchange will be possible.
4.7.1.7 The Buyer is obliged to indemnify the Seller if, due to the fault of the Buyer, the value of the goods decreases or if the return becomes impossible.
4.7.1.8 Payments for returns can be made using one of the following methods: credit card, EFT, or bank transfer.
4.7.2 Products that cannot be withdrawn and/or cancelled
4.7.2.1 Goods /services that cannot be returned due to their nature are; goods/services that deteriorate rapidly and expire disposable goods/services, all kinds of software and programs that can be copied. In addition, in order to exercise the right of withdrawal and/or cancellation of all kinds of packaged products, the packaging of the goods/services must be unopened and/or undamaged and/or unused.
4.7.2.2 Products for which the right of withdrawal and / or cancellation cannot be used in hereby contract,
4.7.2.2.1 Goods or services whose price is subject to fluctuations in financial markets and is not under the control of the seller or provider,
4.7.2.2.2 Goods that are customized according to the consumer's wishes or personal needs,
4.7.2.2.3 Disposable goods,
4.7.2.2.4 Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and products whose return is not suitable for health and hygiene,
4.7.2.2.5 Goods that are mixed with other products after delivery and cannot be separated due to their nature,
4.7.2.2.6 Products whose protective elements such as packaging, tape, seal, package have been opened and / or damaged after delivery of the goods,
4.7.2.2.7 Products that can be sold on a specific date or period (Christmas, Mother's and/or Father's Day, etc.),
4.7.2.2.8 Services started to be performed with the consent of the consumer before the expiration of the right of withdrawal period,
The right of withdrawal and / or cancellation and / or return cannot be used for the products and / or goods and / or services specified in all the above articles.
4.8 RETURN PROCEDURE
4.8.1 Before sending the product to THATSHOP, you must inform us of your return request by filling out the product return form on this page. After the approval of the return by our technical department, please fill out the return form that comes with the package and send the product to us with a cargo company you trust. Confirmation information will be sent to you by calling or e-mail.
4.8.2 The cost of shipments made by cargo companies belongs to the person who sends it. The packages send by counter-payments will not be accepted.
4.8.3 If the products received by us are delivered in accordance with the return conditions, the return of the product amounts will be processed on the day the product reaches us.
4.8.4 For a product return request to be acceptable, the originality, hygiene and resalability of the Product must be reserved. For this reason, we cannot accept the return of the products whose packaging is damaged, opened, used, destroyed and similar situations. In case of return of the product, we kindly ask you to tell us the reason for returning the product.
4.8.5 Even in cases where the reason is stated, it is entirely up to THATSHOP to apply and/or not to apply the return procedure, acceptances and/or approvals made once do not mean that it will be done again.
4.8.6 The return form, the box, packaging, standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
CONTACT INFORMATION TO NOTIFY THE SELLER ABOUT THE RETURN PROCEDURE:
COMPANY NAME/TITLE: Blue Way Holding Ltd (THATCONCEPT SHOP)
ADDRESS: Karaoğlanoğlu Caddesi No.27 Edremit Kyrenia Northern Cyprus
E-MAIL: hey@thatshop.co
TEL: +90 392 444 47 67 (SHOP)
You can send your questions about the return procedure to hey@thatshop.co.
4.9 SHIPPING, EXCHANGE, AND RETURN PROCEDURE
4.9.1 The return form, the box, packaging, standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
4.9.2 If the invoice of the product that the Buyer wants to return is in the name of the Seller, it must be sent together with the return invoice issued by the Seller when returning it. The return invoice must be issued without including the shipping cost (product price + VAT).
4.9.3 Products purchased from the website are under the guarantee of the manufacturing company. The invoice sent by the seller with the purchased product replaces the warranty certificate. For this reason, please keep this invoice sent by the Seller carefully.
4.9.4 In exchange and return transactions, the fees for the cargo sent by the Buyer to the Seller are paid by the Buyer. The fees for the shipments made after the exchange process are covered by the Seller.
4.9.5 The Buyer may return the product within 15 (fifteen) days from the date of delivery without unpacking, destroying, spoiling, using the product, provided that the Buyer has notified the Seller in writing within 3 days after the Buyer has received the product. In this case, the product, the invoice of the product and the return petition must be delivered to the Seller.
4.9.6 For a product return request to be acceptable, the originality, hygiene and resalability of the Product must be preserved. The products excluded from the right of return, exchange and withdrawal are also valid in terms of these articles.
4.9.7 The product to be returned by the buyer must not have lost its commercial qualities. After it is confirmed by the Seller that there is no problem in returning the product, the product price will be refunded to the Buyer's credit card or bank account within 4 weeks. Cargo services during this process belong to the Buyer. Returns of unpackaged, damaged, used products are not accepted. You can send your questions about this subject to hey@thatshop.co.
4.9.8 As a basic rule, the Buyer may return the purchased product within 15 days from the date of delivery. The Buyer has read and accepted the articles regarding the products that can be returned and exchanged in hereby contract in any case.
4.9.9 The buyer must open and check the packages that s/he thinks were damaged during shipment in front of the cargo officer from whom s/he received them. The buyer has the right not to receive the product by keeping a record with the cargo company in case of any damage to the product. The buyer shall be deemed to have accepted that the cargo company has fully fulfilled its duty after receiving the product. The Seller has no responsibility in case of any problems and/or damage to the product during shipping.
4.10 GENERAL RETURN TERMS
4.10.1 The return of the products subject to the contract must be made with the original box or packaging.
4.10.2 Returns of products whose original box/packaging has been damaged (for example: products with a cargo label pasted on the original box and taped with cargo duct tape are not accepted), have lost their resalability, and cannot be purchased by another buyer are not accepted.
4.10.3 The buyer is obliged to return the product in the condition in which it was delivered to him/her and, in the case of use, to compensate for the loss in the commercial value of the goods due to use.
4.10.4 The Buyer must send the original invoice (all copies in the buyer's possession) together with the product s/he wishes to return and a petition containing the reason for the return.
4.10.5 If the product(s) that the buyer wants to return is defective, the shipping fee is covered by the seller company.
4.11 REFUND POLICY AND RETURN PROCEDURES
4.11.1 Returned product is firstly checked by the Returns Department. If it complies with the conditions set forth in the above articles “Cargo, Exchange and Return Procedure, General Return Conditions, Return Procedure and Return and Exchange Terms”, the return process is initiated. This process takes between 3-7 working days.
4.11.2 The fee will be refunded to the Buyer's credit card within 21 working days at the latest after the product reaches the Seller with all copies of the invoice.
4.11.3 It takes between 1-6 weeks for this refund to be reflected on the Buyer's credit card by the Buyer's bank. The Buyer is required to open the received package in the presence of the cargo officer and check the order. The product that the Buyer opens and checks in the presence of the cargo officer is deemed to be delivered without any problems.
4.12 REFUND POLICY AND CANCELLATION PROCEDURES
4.12.1 The Buyer may cancel the order by informing the e-mail address hey@thatshop.co between 08.00 - 17.00 on Monday-Friday, provided that the Buyer has not been notified that the product has been shipped.
4.12.2 If the invoice of the product that the Buyer wants to return is in the name of the Seller, it must be sent together with the return invoice issued by the Seller when returning it. The return invoice must be issued without including the shipping fee (product unit price + VAT).
5. DELIVERY INFORMATION
Due to the different characteristics of the products offered in the categories on our website, transportation and delivery conditions may vary from time to time. Up-to-date information is available at www.thatshop.co.
6. PAYMENT METHODS
6.1 Paying at the door option is not available.
6.2 Payments can be made by credit or debit card.
6.3 Alternatively, you can deposit your payment by Bank Transfer or EFT (Electronic Funds Transfer) to the IBAN number TR82 0006 4000 0016 8100 6422 09.
6.4 You can benefit from online single payment or online instalment opportunities with your credit cards and all kinds of credit cards through our website. For online payments, the amount will be debited from your credit card at the end of your order.
6.5 If the payment is to be made in a currency other than Turkish Lira, the amount to be paid is calculated at the exchange rate of the day.
7. SHIPPING METHODS
7.1 Delivery from THATSHOP PICK-UP POINTS is FREE.
7.2 You will receive a notification email when your order is ready for pickup. When you come to collect your order or someone else comes to collect it on your behalf, order information is requested for verification.
7.3 Delivery to Address (Cargo): Our general delivery time is 1-3 working day(s). However, it may vary depending on the delivery address and product availability. Delivery is provided during working hours and the delivery time includes the preparation of the order. We do not deliver on Sundays and special holidays.
I have read and accept all contract terms.
