PRE-INFORMATION

ARTICLE 1 SELLER INFORMATION

ARTICLE 1.1 – SELLER

Title: Erva Aydoğu

Address: Meşrutiyet mah. Vali Konağı cad. Madalyon sok. No:4/5 Nişantaşı / Şişli

Phone: 05431187222

Email address: hello@rafeoriginals.com


ARTICLE 1.2 – BUYER

The person who is a member of the www.rafeoriginals.com shopping site as a customer. The address and contact information used during registration are taken as a basis.


ARTICLE 2 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE

The main characteristics of the goods or services are available at www.rafeoriginals.com. You can examine the main characteristics of the product during the campaign period.

The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period.

The type, quantity, brand/model, color, number, sales price, payment method of the goods / product / service consist of the information at the time the order is finalized.

The shipping cost, which is the product shipping expense, will be paid by the BUYER and is non-refundable.


ARTICLE 3 GENERAL PROVISIONS

3.1) The BUYER declares that he has read and understood the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method, and delivery on the www.rafeoriginals.com website, and has given the necessary confirmation electronically. The BUYER; by confirming this Preliminary Information electronically, also confirms that he has obtained the address, the basic characteristics of the products ordered, the price of the products including taxes, payment and delivery information, which must be provided by the SELLER to the BUYER before the conclusion of distance contracts, correctly and completely.


3.2) The product subject to the contract is delivered to the BUYER or to the person/organization at the address indicated by him within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal period of 30 days. 


3.3) The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problem encountered by the cargo company during the delivery of the product to the BUYER.


3.4) The SELLER is responsible for delivering the product subject to the contract sound, complete, in accordance with the specifications specified in the order, and with warranty certificates and user manuals, if any.


3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his explicit consent before the expiration of the performance obligation arising from the contract.


3.6) If the SELLER cannot fulfill his contractual obligations in case the performance of the product or service subject to the order becomes impossible, he notifies the consumer of this situation before the expiration of the performance obligation arising from the contract and returns the total amount to the BUYER within 10 days.


3.7) For the delivery of the product, it is mandatory that this Preliminary Information Form be confirmed electronically. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.


3.8) If, after the delivery of the product, the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons in a way that is not due to the fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER.


3.9) If the SELLER cannot deliver the product subject to the contract within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, he is obliged to inform the BUYER of the situation. In this case, the BUYER can use one of the rights to cancel the order, to replace the product subject to the contract with a similar one if available, and/or to postpone the delivery period until the obstructive situation disappears. If the BUYER cancels the order, the amount paid is returned to him in cash and in full within 10 days. In the case of payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank's processing period, the BUYER hereby accepts that the SELLER cannot intervene in any way for possible delays and that the amount refunded to the credit card by the SELLER may take an average of 2 to 3 weeks to be reflected in the BUYER's account by the bank.


ARTICLE 4 RIGHT OF WITHDRAWAL

In distance contracts for the sale of goods, the BUYER has the right to withdraw from the contract by refusing the goods within 14 (fourteen) days from the date of delivery of the product to him or to the person/organization at the address he indicated, without undertaking any legal and criminal liability and without giving any reason. For products designed, the return, exchange and right of withdrawal period may vary. This period is specified in the product description on the website and on the product card sent with the product. In distance contracts for the provision of services, this period begins on the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's consent before the right of withdrawal period expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER.

For the exercise of the right of withdrawal, it is essential to notify the SELLER in writing by registered mail, fax or e-mail within the 14-day period and that the product has not been used within the framework of the provisions of Article 5. 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 desired to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)


b) The return form, the box, packaging of the products to be returned, and standard accessories, if any, must be delivered completely and undamaged.


c) The SELLER is obliged to return the total amount and the documents that put the buyer into debt to the BUYER within 10 days at the latest from the date the withdrawal notification reaches him and to take back the goods within 20 days.


d) 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 SELLER for his losses in proportion to his fault.


e) If the campaign limit amount falls below the campaign limit amount due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled.


f) The shipping costs paid when returning the product returned due to the right of withdrawal belong to the customer.


g) The SELLER does not refund the shipping fee collected from the BUYER when selling the product. 


ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Products prepared in line with the BUYER's wishes or clearly his personal needs or specially produced for the person (bags with personalized prints, items, clothing items stated to be specially produced for the person, etc.), products that are not suitable for return by their nature and that are in danger of rapid spoilage or whose expiration date is likely to pass, and whose packaging has been opened by the BUYER, cannot be returned according to the Regulation.

In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where his residence is located are authorized up to the value announced by the Ministry of Industry and Trade. 

The SELLER can apply to the consumer problems arbitration committee or consumer court in the place where he purchased the goods or services or where his residence is located, within the monetary limits determined by the T.C. Ministry of Industry and Trade each year in December for complaints and objections. Information on monetary limits is given below:

Effective from 1/1/2012:

a) The upper monetary limit for consumer problems arbitration committees' decisions to be binding or the lower monetary limit for them to be evidence in consumer courts in the 5th and 6th paragraphs of the amended Article 22 of the Law on Consumer Protection No. 4077 is 1,161.67 TL,


b) The lower monetary limit for provincial arbitration committees operating in provinces with metropolitan status to be responsible and authorized to hear disputes in the third paragraph of Article 5 of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette No. 25186 dated 1/8/2003 is 3,032.65 TL.

This Preliminary Information is made for commercial purposes.


DISTANCE SALES AGREEMENT

ARTICLE 1 – PARTIES

1.1 – SELLER

Title : Erva Aydoğdu

Address : Meşrutiyet mah. Vali Konağı cad. Madalyon sok. No:4/5 Nişantaşı / Şişli

Email address : hello@rafeoriginals.com

 

1.2 – BUYER

The person who is a member of the shopping site as a customer. 

The address and contact information used during registration are taken as a basis.


ARTICLE 2 – SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on the Principles and Procedures for the Application of Distance Contracts, regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the SELLER's website www.rafeoriginals.com.


ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT

The type, quantity, brand/model, color, number, sales price, payment method of the goods / product / service consist of the information at the time the order is finalized.


ARTICLE 4 – GENERAL PROVISIONS

4.1 The BUYER declares that he has read and understood the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price including all taxes and the payment method, and the delivery and that its costs will be covered by the BUYER, the delivery period, and the full commercial title, open address and contact information of the SELLER on the www.rafeoriginals.com website, and has given the necessary confirmation electronically.

The BUYER; by confirming this contract electronically, confirms that he has obtained the address, the basic characteristics of the products ordered, the price of the products including taxes, payment and delivery information, which must be provided by the Seller to the Consumer before the conclusion of distance contracts, correctly and completely.


4.2 The product subject to the contract is delivered to the BUYER or to the person/organization at the address indicated by him within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal period of 30 days. All shipping costs for the delivery shown in Article 3 will be covered by the BUYER and will be reflected on the invoice for his order under the name "Shipping Fee".


4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the non-acceptance of the delivery by the person/organization to be delivered.


4.4 The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problem encountered by the cargo company during the delivery of the product to the BUYER.


4.5 The SELLER is responsible for delivering the product subject to the contract sound, complete, in accordance with the specifications specified in the order, and with warranty certificates and user manuals, if any.


4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the contract, provided that there is a justified reason.


4.7 If the SELLER cannot fulfill his contractual obligations in case the performance of the product or service subject to the order becomes impossible, he notifies the consumer of this situation before the expiration of the performance obligation arising from the contract and may supply a different product of equal quality and price to the BUYER.


4.8 For the delivery of the product subject to the contract, it is mandatory that the signed copy of this contract be delivered to the SELLER and its price be paid by the payment method chosen by the BUYER. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.


4.9 The BUYER accepts and undertakes that the credit card information he defines to the system during shopping is correct, and that all legal and penal liabilities arising from the use of this credit card belong to him. If, after the delivery of the product, the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons in a way that is not due to the fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, he accepts and undertakes that the product price will be transferred to the SELLER's bank accounts without any further notice in cases where the product price is not taken from the credit card for any reason or the product price is refunded to the credit card. 


4.10 If the SELLER cannot deliver the product subject to the contract within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, he is obliged to inform the BUYER of the situation. In this case, the BUYER can use one of the rights to cancel the order, to replace the product subject to the contract with a similar one if available, and/or to postpone the delivery period until the obstructive situation disappears. If the BUYER cancels the order, the amount paid is returned to him in cash and in full within 10 days.


4.11 The points given by the SELLER to the customer through a campaign are valid for only one purchase. These points are not refunded even if the product is returned.


In the case of payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank's processing period, the BUYER hereby accepts that the SELLER cannot intervene in any way for possible delays and that the amount refunded to the credit card by the SELLER may take an average of 2 to 3 weeks to be reflected in the BUYER's account by the bank.


ARTICLE 5 – RIGHT OF WITHDRAWAL

The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to him or to the person/organization at the address he indicated, without having to show any reason.

However, for products specially prepared, offered for sale, and/or imported for the BUYER for specific days such as New Year's Eve, holidays, Mother's Day, campaign and promotional products, the product cannot be returned; the BUYER makes his purchase by accepting these conditions.

For the exercise of the right of withdrawal, it is essential to notify the SELLER by fax or e-mail within the 14-day period and that the product has not been used within the framework of the provisions of Article 6. 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 desired to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)


b) The box, packaging of the products to be returned within the 14-day period, and standard accessories, if any, must be delivered completely and undamaged. The product price is returned to the BUYER within 10 days following the receipt of these documents by the SELLER.


The shipping fee for the product returned due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.

When the product is returned to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (to ensure consistency in our accounting records), and if the invoice is not sent to the SELLER with the product or within 5 days at the latest from the sending of the product, the return process will not be carried out, and the product will be sent back to the BUYER as cash on delivery. The invoice to be returned with the product will also be written "return invoice" and signed by the BUYER.


ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

By nature; returns of single-use products, copyable software and programs, products that spoil quickly or are likely to expire are not accepted.


ARTICLE 7 – DEBTOR'S DEFAULT

In case the BUYER defaults, the BUYER agrees to pay the SELLER's loss and damage incurred due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER will not be obliged to cover any claim for loss and damage.


ARTICLE 8 – AUTHORIZED COURT

In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where his residence is located are authorized up to the value announced by the Ministry of Industry and Trade. 

The SELLER can apply to the consumer problems arbitration committee or consumer court in the place where he purchased the goods or services or where his residence is located, within the monetary limits determined by the T.C. Ministry of Industry and Trade each year in December for complaints and objections. Information on monetary limits is given below:

Effective from 28/05/2014;

a) In disputes with a value below two thousand Turkish Liras, it is mandatory to apply to district consumer arbitration committees, in disputes with a value below three thousand Turkish Liras, to provincial consumer arbitration committees, and in provinces with metropolitan status, in disputes between two thousand Turkish Liras and three thousand Turkish Liras, to provincial consumer arbitration committees, as per Article 68 of Law No. 6502 on Consumer Protection. Applications to consumer arbitration committees cannot be made for disputes above these values.


b) For disputes above the specified value, an application must be made to the Consumer Court, and in places where there is no Consumer Court, to the Civil Courts of First Instance acting as a Consumer Court.

This preliminary information is for commercial purposes.

Please Note: Before signing the cargo receipt, please check whether your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return your cargo to the cargo officer to draw up a report without signing any delivery documents. Your new products will be sent to you immediately by us. www.rafeoriginals.com is not responsible for any damage or shortage of the products inside if products with damaged cargo packages are received.

15.All of these terms and conditions are subject to Turkish Law.