The purpose of this agreement is to establish the rights and obligations of the parties in compliance with the provisions of Consumer Protection Law No. 6502 and the Distance Contracts Regulation. It pertains to the sale and delivery of a product, the specifications, and sales price of which are specified below.
The BUYER placed an electronic order on the SELLER's website, www.eskysystems.com ("Website").
ARTICLE 3 - GENERAL PROVISIONS
3.1 The BUYER affirms having read and understood the preliminary information regarding the essential characteristics of the product covered by the contract on the Website. This includes the sales price, inclusive of all taxes, and the payment method. The BUYER acknowledges that unless stated otherwise, they will bear the costs of delivery, the delivery period, and has obtained accurate and comprehensive information about the right of withdrawal, providing electronic confirmation.
The BUYER can convey requests and complaints through the aforementioned communication channels, and the SELLER's customer service will promptly respond to such inquiries.
By electronically confirming this contract, the BUYER asserts that, before entering into distance contracts, they have received precise and complete information from the SELLER. This information includes the SELLER's title, address, contact details, MERSIS number to be provided to the BUYER, essential features of the ordered products, the sales price (including taxes), payment and delivery details, and the right of withdrawal along with its procedure and conditions.
4.2 The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described in the preliminary information on the Website, depending on the distance of the BUYER's settlement for each product, provided that it does not exceed 30 (Thirty) days from the date of order. is delivered. The 30-day period is not applied for products produced and prepared in line with the consumer's request or personal needs.
4.3 If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.
4.4 The SELLER cannot be held responsible for the failure of the ordered product to be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order.
4.6 In case of inaccuracies in product price, product description, product quality, etc., resulting from technical or material errors during the product's sale on the Website, the SELLER retains the right to annul the order. In such instances, the SELLER refunds the collected amounts to the BUYER in compliance with the provisions of the applicable legislation.
4.7 The SELLER reserves the right to provide alternative products of equal quality and price, subject to the BUYER's approval, to fulfill the performance obligation arising from the contract when it becomes unfeasible to fulfill the order and/or service at the conclusion of the campaign period.
4.8 If the SELLER is unable to fulfill its contractual obligations due to the impossibility of providing the ordered product or service, it notifies the BUYER in writing or through permanent data storage within three days of learning about this situation. The SELLER reimburses all payments, including delivery costs, if any, within fourteen days at the latest from the date of notification.
4.9 Following the product's delivery, if the bank or financial institution fails to remit the product price to the SELLER due to the unjust or unlawful use of the credit card, debit card, and/or other payment systems offered on the Website by unauthorized individuals, not attributable to the BUYER's actions, the BUYER must return the relevant product to the SELLER within 3 (Three) days, assuming it has been delivered to the BUYER. In such instances, transportation expenses are the responsibility of the BUYER.
4.10 If the SELLER encounters difficulties in delivering the contracted product within the specified period due to force majeure or exceptional circumstances such as adverse weather conditions impeding transportation or transportation disruptions, the SELLER is obligated to inform the BUYER. In this scenario, the BUYER retains the right to annul the order and terminate the contract. Should the contract be terminated, the SELLER is obligated to refund all payments received, including any delivery costs, to the BUYER in cash within 14 (Fourteen) days following the receipt of the termination notice. Additionally, the BUYER can also make payments through bank transfer and is required to contact us via our email for further details.
4.11 According to paragraph 4 of Article 16 in Regulation on Distance Contracts No. 29188, effective as of 27.02.2015, if the fulfillment of the goods or services ordered becomes impossible, the seller or provider must inform the consumer in writing or via permanent data storage within three days of becoming aware of this situation. Furthermore, they are obligated to refund all payments received, including any delivery costs, within fourteen days at the latest from the date of notification.
4.12 If the BUYER exercises the right of withdrawal, if the product ordered cannot be supplied for various reasons, or if refunds are decided by the arbitration committee, and the purchase is made using a credit card with installment payments, the SELLER makes a one-time payment of the product price to the Bank. Regardless of the number of installments the BUYER initially selected for the purchase, the Bank refunds the BUYER in the same number of installments. For payments made through banktransfer/EFT, or cash on delivery options, the refund will be issued via banktransfer/EFT to the account specified by the Consumer. To facilitate this process, the Consumer is required to provide bank account details (account must be in the name of the person at the billing address or the user/member's name).
ARTICLE 5 - DETAILS REGARDING THE FUNDAMENTAL FEATURES, SALES PRICE, AND DELIVERY OF THE PRODUCT UNDER THE AGREEMENT
Name, Quantity, Sales Price Including VAT and Delivery Information of the Products are as follows.
ARTICLE 5 - RIGHT TO WITHDRAWAL
5.1 The BUYER is entitled to withdraw from the contract within a 14-day period without providing any justification.
For service performance contracts, the withdrawal period begins on the day the contract is concluded. In contracts involving the delivery of goods, the period initiates on the day the consumer or a third party designated by the consumer receives the goods. Nevertheless, the consumer can also exercise the right of withdrawal from the time of contract conclusion until the goods' delivery.
If the right of withdrawal is exercised, the BUYER bears the delivery costs for returns conducted through a carrier company other than the one specified in this contract.
5.2 PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL
5.2.1 Contracts for goods customized according to the consumer's preferences or personal needs. Consequently, when the BUYER requests personalized production in a color different from the mineral color presented on the website, or for special orders for necklace sizes, and bracelet sizes offered on the website, or after the delivery of the ordered product to the BUYER, if modifications such as changes for size, and model are made as per the BUYER's request, these goods and bespoke perfumes produced to meet the specific requests of the customer are categorized as products exempt from the right of withdrawal.
5.2.2 Agreements for goods or services with prices subject to fluctuations in financial markets beyond the control of the SELLER or the provider.
5.2.3 Agreements for the supply of perishable or expirable goods.
5.2.4 Agreements for goods that, post-delivery, are mixed with other products and cannot be separated due to their inherent nature.
5.2.5 Agreements for books, digital content, and computer consumables provided in material form, where protective elements such as packaging, tape, seal, or package are opened after the goods are delivered.
5.2.6 Agreements for the delivery of goods where protective elements such as packaging, tape, seal, or package have been opened after delivery; agreements for the delivery of items whose return is unsuitable in terms of health and hygiene.
5.2.7 Agreements pertaining to services instantly provided in electronic media or agreements related to intangible goods promptly delivered to the consumer. This includes contracts for mobile phones, smartwatches, tablets, and computers delivered to the consumer.
5.2.8 Agreements for services whose execution begins with the consumer's consent before the expiration of the right of withdrawal period. Contracts formed through auctions conducted as live auctions.
5.2.9 Products dispatched to an address beyond the Customs Territory of Turkey due to the buyer specifying an overseas delivery address are not subject to return. Agreements concerning the installation or assembly of goods specified in the introduction and user manual to be installed or assembled by the seller or an authorized service are also excluded.
5.2.10 Agreements for the supply of periodicals, such as newspapers and magazines, excluding those covered by a subscription agreement.
ARTICLE 6 - SUBMISSION OF DISPUTE-RELATED APPLICATIONS
In case the BUYER has any grievances regarding the order, the product in question, or the ordering process, they are encouraged to communicate their complaints to the SELLER using the provided contact details. All submitted complaint applications will be documented, reviewed by the relevant departments, and efforts will be made for swift resolution, with responses provided at the earliest opportunity. Furthermore, the BUYER has the option to escalate complaints and objections to the consumer problems arbitration committee or the consumer court. Such appeals can be made in the jurisdiction where the goods or services were acquired or where the buyer resides, adhering to the monetary limits set by the Ministry of Customs and Trade each December.
