Shipping & Returns
DISTANCE SALES AGREEMENT
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about it.
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: 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: A 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: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER.
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.
4. SELLER INFORMATION
Title : Nivalem
Address : Kemerkaya Mah. Uzun sokak Zafer Çarşısı kat:1 no:103,Trabzon_Turkey
Telephone : +90 531 082 32 28
Email : email@example.com
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; Confirming the Preliminary Information in electronic environment, accepts, declares and undertakes that he has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of 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 undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required by the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to protect 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 of 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/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and in case the contract product price is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the contract product will end.
9.7. 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, as a result of the unfair use of the BUYER's credit card by unauthorized persons, the price of the product subject to the contract shall be paid by the relevant bank or financial institution.
In the event that it is not paid by the SELLER to the SELLER, the BUYER accepts, declares and undertakes to return the product subject to the Contract to the SELLER within 3 days at the SELLER's shipping expense.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the impediment is removed. In case of cancellation of the order by the BUYER, the amount of the product is paid to him in cash and in full within 14 days 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 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, telephone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. 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 provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. 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 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages due to the untruthfulness of this information, upon the first notification of the SELLER, in cash and in full.
9.13. The BUYER accepts and undertakes in advance 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 liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general 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.
9.15. 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.
9.16. 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. Also; In the event that the incident is referred 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
10.1. BUYER; In case the distance contract is related to the sale of goods, from the date of delivery of the product to itself or to the person/organization at the address indicated.
within 14 (fourteen) days from the date of the SELLER, without taking any legal and criminal responsibility and without giving any reason, he can use his right to withdraw from the contract by rejecting the goods. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product has not been used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (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 invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period.
f) 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 is cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, are delivered to the BUYER. Products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, Instant performance in electronic environment Services provided or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if the package has been opened by the BUYER as per the Regulation. . In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) and they must be unused.
12. CASE OF DEFERRED 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 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. COMPETENT COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, will be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
Effective from 28/05/2014:
a) District consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, as per Article 68 of the Law on Consumer Protection No. 6502,
b) Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
c) In provinces with metropolitan status, its value is 2,000,00 (tow) In disputes between TL and 3,000,00 (three thousand) TL, an application is made to the provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
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.
Return & Exchange Policy
nivalem ("we" and "us") is the operator of (https://www.nivalem.com) ("Website"). By placing an order through this Website you will be agreeing to the terms below. These are provided to ensure both parties are aware of and agree upon this arrangement to mutually protect and set expectations on our service.
Subject to stock availability. We try to maintain accurate stock counts on our website but from time-to-time there may be a stock discrepancy and we will not be able to fulfill all your items at time of purchase. In this instance, we will fulfill the available products to you, and contact you about whether you would prefer to await restocking of the backordered item or if you would prefer for us to process a refund.
2. Shipping Costs
Shipping costs are calculated during checkout based on weight, dimensions and destination of the items in the order. Payment for shipping will be collected with the purchase.
This price will be the final price for shipping cost to the customer.
3.1 Return Due To Change Of Mind
nivalem will happily accept returns due to change of mind as long as a request to return is received by us within 3 days of receipt of item and are returned to us in original packaging, unused and in resellable condition.
Return shipping will be paid at the customers expense and will be required to arrange their own shipping.
Once returns are received and accepted, refunds will be processed to store credit for a future purchase. We will notify you once this has been completed through email.
(nivalem) will refund the value of the goods returned but will NOT refund the value of any shipping paid.
3.2 Warranty Returns
nivalem will happily honor any valid warranty claims, provided a claim is submitted within 90 days of receipt of items.
Customers will be required to pre-pay the return shipping, however we will reimburse you upon successful warranty claim.
Upon return receipt of items for warranty claim, you can expect nivalem to process your warranty claim within 7 days.
Once warranty claim is confirmed, you will receive the choice of:
(a) refund to your payment method
(b) a refund in store credit
(c) a replacement item sent to you (if stock is available)
4. Delivery Terms
4.1 Transit Time Domestically
In general, domestic shipments are in transit for 2 - 7 days
4.2 Transit time Internationally
Generally, orders shipped internationally are in transit for 4 - 22 days. This varies greatly depending on the courier you have selected. We are able to offer a more specific estimate when you are choosing your courier at checkout.
4.3 Dispatch Time
Orders are usually dispatched within 2 business days of payment of order
Our warehouse operates on Monday - Friday during standard business hours, except on national holidays at which time the warehouse will be closed. In these instances, we take steps to ensure shipment delays will be kept to a minimum.
4.4 Change Of Delivery Address
For change of delivery address requests, we are able to change the address at any time before the order has been dispatched.
4.5 P.O. Box Shipping
nivalem will ship to P.O. box addresses using postal services only. We are unable to offer couriers services to these locations.
4.6 Military Address Shipping
We are able to ship to military addresses using USPS. We are unable to offer this service using courier services.
4.7 Items Out Of Stock
If an item is out of stock, we will wait for the item to be available before dispatching your order. Existing items in the order will be reserved while we await this item.
4.8 Delivery Time Exceeded
If delivery time has exceeded the forecasted time, please contact us so that we can conduct an investigation.
5. Tracking Notifications
Upon dispatch, customers will receive a tracking link from which they will be able to follow the progress of their shipment based on the latest updates made available by the shipping provider.
6. Parcels Damaged In Transit
If you find a parcel is damaged in-transit, if possible, please reject the parcel from the courier and get in touch with our customer service. If the parcel has been delivered without you being present, please contact customer service with next steps.
7. Duties & Taxes
7.1 Sales Tax
Sales tax has already been applied to the price of the goods as displayed on the website
7.2 Import Duties & Taxes
Import duties and taxes for international shipments may be liable to be paid upon arrival in destination country. This varies by country, and nivalem encourage you to be aware of these potential costs before placing an order with us.
If you refuse to to pay duties and taxes upon arrival at your destination country, the goods will be returned to nivalem at the customers expense, and the customer will receive a refund for the value of goods paid, minus the cost of the return shipping. The cost of the initial shipping will not be refunded.
If you change your mind before you have received your order, we are able to accept cancellations at any time before the order has been dispatched. If an order
has already been dispatched, please refer to our refund policy.
Parcels are insured for loss and damage up to the value as stated by the courier.
9.1 Process for parcel damaged in-transit
We will process a refund or replacement as soon as the courier has completed their investigation into the claim.
9.2 Process for parcel lost in-transit
We will process a refund or replacement as soon as the courier has conducted an investigation and deemed the parcel lost.
10. Customer service
For all customer service enquiries, please email us at +90 462 326 16 48/ firstname.lastname@example.org Kemerkaya Mah. Uzun sokak Zafer Çarşısı kat:1 no:103,Trabzon_Turkey