ARTICLE 1 - SUBJECT OF THE AGREEMENT AND PARTIES
1.1. This agreement establishes the rights, laws, and obligations of the parties, in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts, regarding the sale of products and services by the BUYER, detailed below, through the website https://www.palermoparfum.com (hereinafter referred to as the WEBSITE), operated by the SELLER, and the shipment of products to the delivery address.
1.2. The BUYER acknowledges and declares that they have been informed of the basic characteristics of the goods or services for sale, the sales price, payment method, delivery conditions, all preliminary information regarding the goods or services for sale, and the right of withdrawal. They have confirmed this preliminary information electronically and subsequently ordered the goods or services in accordance with the provisions of this agreement. The preliminary information and invoice on the payment page of the https://www.palermoparfum.com website are integral parts of this agreement.
ARTICLE 2 - DATE OF THE AGREEMENT
2.1. This agreement was concluded by the parties on the date the BUYER's order was completed on the WEBSITE, and a copy of the agreement was sent to the BUYER's email address.
ARTICLE 3 - PRODUCTS AND SERVICES SUBJECT TO THE AGREEMENT
3.1. Details of the products and services ordered by the BUYER, their advance sales amounts (including taxes), and their quantity are specified below. All products listed in the table below are hereinafter referred to as PRODUCTS.
ARTICLE 4 - DELIVERY OF PRODUCTS
4.1. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE, or to the person/organization at the address specified, within 30 days, packaged and securely packed, along with the invoice. This period may be extended in cases of necessity.
4.2. If the PRODUCT is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity refuses to accept the delivery.
4.3. The BUYER is responsible for inspecting the PRODUCT upon receipt and, if any problem with the PRODUCT is detected due to the cargo, rejecting the PRODUCT and having a report drawn up by the CARGO company representative. Otherwise, the SELLER will not be held responsible.
ARTICLE 5 - PAYMENT METHOD
5.1. The BUYER acknowledges, represents, and undertakes that, since deferred sales are made only with credit cards issued by banks, the BUYER will separately verify the relevant interest rates and default interest information with their bank. The provisions regarding interest and default interest will apply within the scope of the credit card agreement between the Bank and the BUYER, in accordance with applicable legislation. Deferred/installment payment options provided by institutions that issue credit cards, installment cards, etc., such as banks and financial institutions, constitute a loan and/or an installment payment option directly provided by the said institution. PRODUCT sales made within this framework, for which the SELLER has collected the full price, are not considered installment sales for the parties to this Agreement; they are considered cash sales. The SELLER's legal rights in cases legally considered installment sales (including the right to terminate the contract if any installment is not paid and/or to demand payment of the entire outstanding balance, including default interest) are reserved. In the event of default by the BUYER, a monthly default interest of 5% will be applied.
ARTICLE 6 - GENERAL PROVISIONS
6.1. The BUYER acknowledges that they have read and are familiar with the basic characteristics, sales price, payment method, and delivery information of the products displayed on the WEBSITE and have provided the necessary confirmation for sales electronically.
6.2. By electronically confirming this contract, the BUYER confirms that they have obtained the correct and complete address, basic specifications of the ordered products, the price of the products including taxes, and payment and delivery information that must be provided by the Seller to the Consumer before the conclusion of distance contracts.
6.3. The SELLER is responsible for ensuring that the contracted product is delivered intact, complete, compliant with the specifications specified in the order, and accompanied by any warranty documents and user manuals.
6.4. The SELLER may supply the BUYER with a different product of equal quality and price before the expiration of the contractual performance obligation.
6.5. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, the SELLER shall notify the consumer of this situation before the expiration of the contractual obligation to perform and may supply the BUYER with a different product of equal quality and price.
6.6. For the delivery of the contractual product, a signed copy of this contract must be delivered to the SELLER and the price must be paid using the BUYER's preferred payment method. If, for any reason, the product price is not paid or is cancelled in the bank's records, the SELLER will be deemed to have been released from its obligation to deliver the product.
6.7. If, for any reason after delivery of the PRODUCT, the bank/financial institution that issued the credit card does not pay the PRODUCT to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within three days, at the BUYER's expense. SELLER reserves all other contractual and legal rights, including the right to collect the PRODUCT price, separately and in all circumstances.
6.8. If the PRODUCT cannot be delivered within the 30-day period due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire), outside of normal sales conditions, and the delay exceeds 10 days, SELLER will notify BUYER regarding delivery. In this case, BUYER may cancel the order, order a similar product, or wait until the extraordinary situation is resolved. In case of order cancellations, if the PRODUCT price has been collected, it will be refunded to BUYER within 10 days of the cancellation. For credit card payments, the refund will be made by returning the product to the BUYER's credit card.
ARTICLE 7 - RIGHT OF WITHDRAWAL
7.1. The SELLER acknowledges that the BUYER has the right to withdraw from the contract by rejecting the goods or services within 14 days from the date of receipt of the goods or signing the contract, without assuming any legal or criminal liability and without providing any justification. The SELLER undertakes to take back the goods upon receipt of the notice of withdrawal by the SELLER or the product provider.
7.2. To exercise the right of withdrawal, written notice must be given to the SELLER within this period. If this right is exercised, a copy of the cargo delivery report confirming that the PRODUCT delivered to a third party or the BUYER was sent to the SELLER, along with the original invoice, must be returned. The PRODUCT price will be refunded to the BUYER within 10 days of receipt of these documents. For credit card payments, the refund will be made by returning the original invoice to the BUYER's credit card.
7.3. Due to tax legislation, if the original invoice is not returned, VAT and any other legal obligations cannot be refunded. The shipping costs of the returned product are covered by the BUYER.
7.4. In the case of a PRODUCT that was manufactured in accordance with the BUYER's special requests or demands, or that has been personalized by making changes or additions, or that is inherently non-returnable, prone to rapid deterioration, or likely to expire. The BUYER cannot exercise the right of withdrawal.
ARTICLE 8 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
8.1. Returns of products that are inherently non-returnable, such as single-use products, copyable software and programs, or products that are inherently perishable or likely to expire, are not accepted.
8.2. All products sold on the website are eligible for return if the product has not been resized or altered in any way, shows no signs of damage or wear, the original security label, packaging, and certificate are intact, and the product has not been used or tested.
ARTICLE 9 - PROTECTION OF PERSONAL DATA
9.1. The BUYER acknowledges that they have read and understood the Palermo Kozmetik Customer Information Text on the Processing of Personal Data, prepared under Law No. 6698 on the Protection of Personal Data, to provide information regarding personal data processing activities, which can be found in the annex to this Agreement and at https://www.palermoparfum.com/pages/kvkk-formu.
10.1. SELLER's records (including magnetic media records such as computer voice recordings) shall constitute definitive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. Consumer Arbitration Committees shall have jurisdiction up to the value declared by the Ministry of Industry and Trade, and for exceeding this amount, the Consumer Courts and Enforcement Offices in the BUYER's and SELLER's locations of residence shall have jurisdiction.
10.2. The BUYER declares, acknowledges, and undertakes to have read all the terms and conditions set forth in this Agreement and the order form, which constitutes an integral part of it, and to have received, reviewed, and accepted all the sales conditions and other preliminary information.
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