DISTANCE SALES AGREEMENT ("Agreement")
This Distance Sales Agreement has been prepared in accordance with and by reference to the Regulation on Distance Contracts published in the Official Gazette dated November 27, 2014, and numbered 29188.
1. PARTIES
This Distance Sales Agreement ("Agreement") has been established in an electronic environment between the ("BUYER"), whose address is specified in Article 6, and ELİFCE TAKI VE KOZMETİK LTD. ŞTİ. ("SELLER"), located at Yavuz Selim Mahallesi, Selimiye Caddesi No:4/B Çubuk/ ANKARA, under the terms and conditions set forth below.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms written below shall refer to the explanations written across them:
- BUYER: Refers to the real or legal person who acquires, uses, or benefits from a good or service for purposes that are not commercial or professional,
- Minister: Refers to the Minister of Trade,
- Ministry: Refers to the Ministry of Trade,
- Service: Refers to the subject of any consumer transaction other than the supply of goods, performed or committed to be performed in return for a fee or benefit,
- Website: Refers to the website www.morafilli.com belonging to the SELLER,
- Law: Refers to the Law on the Protection of Consumers,
- SELLER: Refers to the real and/or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf of or for the account of the provider, and whose information is contained in Article 3 of the Agreement,
- Orderer: Refers to the real or legal person who requests a good or service through the website named www.morafilli.com or the mobile application belonging to ELİFCE TAKI VE KOZMETİK LTD. ŞTİ.,
- Agreement: Refers to this Distance Sales Agreement concluded between the SELLER and the BUYER,
- Parties: Refers to the SELLER and the BUYER,
- Product or Products: Refers to movable goods subject to shopping, immovable properties for residential or vacation purposes, and all kinds of products prepared for use in electronic environments such as software, audio, video, and similar,
- Regulation: Refers to the Regulation on Distance Sales.
3. SUBJECT
This Agreement has been prepared in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The Parties accept and declare that they know and understand their obligations and responsibilities arising from the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics and total sales price (including taxes) of which are specified below, ordered by the BUYER electronically via the SELLER's website. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated or changed. Campaign prices announced for a specific period are valid until the end of the specified period, and promotional products are limited to stocks.
4. MATTERS PRE-INFORMED TO THE BUYER BEFORE THE ESTABLISHMENT OF THIS DISTANCE SALES AGREEMENT:
4.1. The BUYER accepts that they have examined, read, and understood all general and special explanations on the relevant pages/sections of the Website and that the necessary information has been provided to them before the establishment of this Agreement upon its acceptance on the Website, and before entering into any order or payment obligation. This includes:
a) The SELLER’s title, contact information, MERSIS number, and current identifying information, as well as the existence of a separate "Happy Customer Line" (complaint and communication number) besides the SELLER’s standard contact info for submitting complaints.
b) The stages of the sale process during the purchase of Products from the Website and the appropriate tools/methods for correcting incorrectly entered information.
c) Information regarding the Professional Chamber of which the SELLER is a member (ATO - Ankara Chamber of Commerce) and the electronic contact details where the rules of conduct prescribed by ATO can be obtained (Phone: 444 0 286, www.atonet.org.tr).
d) Confidentiality, data usage/processing rules, and electronic communication rules applicable to BUYER information applied by the SELLER, the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER, and the procedures for exercising the parties' rights.
e) Shipping restrictions prescribed by the SELLER for the Products, if any.
f) Payment methods/tools accepted by the SELLER for the Products subject to the Agreement, and the basic characteristics/qualities of the Products, the total price including taxes (the total amount to be paid by the BUYER to the SELLER, including related expenses).
g) Procedures regarding the delivery of the Products to the BUYER and information on transport/delivery/shipping costs.
h) Other payment/collection and delivery information related to the Products and information on the performance of the Agreement, and the responsibilities of the Parties in these matters.
i) Products and other goods/services for which the BUYER does not have a right of withdrawal.
j) The conditions, duration, and procedure for exercising the right of withdrawal where it exists, and that the BUYER will lose the right of withdrawal if not exercised within the period.
k) In Products with a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, its usual operation, or technical specifications within the withdrawal period, the BUYER's request for withdrawal may not be accepted and they shall be liable to the SELLER in any case; and that the SELLER may offset an amount it deems appropriate based on the damage or change from the refund to be made to the BUYER.
l) How the Products can be returned to the SELLER in cases where the right of withdrawal exists and all relevant financial matters (including return methods, costs, refund of the Product price, and discounts or offsets that can be made for reward points earned/used by the BUYER during the return).
m) Details of the conditions for benefiting from various opportunities (special conditions) that may be applied on the Website from time to time.
n) All other sales conditions included in this Agreement according to their nature; and that since this Agreement is sent to the BUYER via e-mail after being approved on the WEBSITE, it can be stored and accessed by the BUYER for the desired period, and the SELLER may store it for three years.
o) Contact information through which the BUYER can submit complaints to the SELLER in case of disputes, and that legal applications can be made to District/Provincial Consumer Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
ö) The matters regarding the preliminary information written above are an integral part of this Agreement and cannot be changed unless the parties explicitly agree otherwise.
5. SELLER INFORMATION
Title: ELİFCE TAKI VE KOZMETİK LTD. ŞTİ.
Address: Yavuz Selim Mahallesi, Selimiye Caddesi No:4/B Çubuk/ ANKARA - TÜRKİYE
Product Return Address: (Especially in case of exercising the right of withdrawal) Yavuz Selim Mahallesi, Selimiye Caddesi No:4/B Çubuk/ ANKARA – TÜRKİYE; and the contracted courier company is YURTİÇİ KARGO.
MERSIS: 0928043858100019
Whatsapp Customer Line: 0850 840 29 08
E-mail address:
1-) [email protected]
2-) [email protected]
Return Courier Company: Yurtiçi Kargo
Customer Service Contact Information: You can call our Whatsapp Customer Service Line at 0850 840 29 08 or contact us via the "send message" section on the "contact" page by logging in through our website www.morafilli.com.
Courier Company for the Buyer to Send the Goods to the Seller in Case of Return: Yurtiçi Kargo
6. BUYER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
E-Mail/Username:
7. ORDERER INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
E-Mail/Username:
8. INVOICE INFORMATION
Recipient:
Delivery Address:
Phone:
Fax:
E-Mail/Username:
Invoice Delivery: If the invoice and delivery addresses are the same, the invoice will be delivered with the order to the delivery address during the order delivery. If the invoice and delivery addresses are different, the invoice will be sent via e-mail.
9. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
9.1. The basic characteristics (type, quantity, brand/model, color, amount) of the Good/Product(s)/Service are available on the SELLER's website. You can review the basic characteristics of the product during the campaign period.
9.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a specific period are valid until the end of the specified period.
9.3. The sales price of the goods or services subject to the Agreement, including all taxes, is shown in the table below:
- Shipping Fee:
- Total Including VAT:
- Payment Method:
- Delivery Address:
- Recipient:
- Invoice Address:
9.4. The shipping fee, which is the product shipment cost, and all other additional charges such as taxes, duties, and fees, shall be paid by the BUYER. In cases where the SELLER undertakes to cover the shipment cost, the relevant condition must be fulfilled by the BUYER. At the time of establishing this agreement, the SELLER’s contracted courier company is Yurtiçi Kargo.
10. GENERAL PROVISIONS
10.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information on the Website regarding the basic characteristics, sales price, payment method, and delivery of the Product subject to the Agreement, and have given the necessary confirmation in the electronic environment. By confirming the Preliminary Information electronically, the BUYER acknowledges, declares, and undertakes that they have obtained the address to be provided by the SELLER, the basic features of the ordered products, the total price of the products including taxes, and the payment and delivery information accurately and completely before the establishment of the distance sales agreement.
10.2. Each product subject to the Agreement shall be delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the SELLER fails to perform its obligation within this period, the BUYER may terminate the Agreement. For products indicated as having an "estimated delivery date" on the website, the delivery date is stated as an estimate and this expression does not contain any commitment. These products will be delivered to the BUYER within a maximum of 30 days as specified in the legislation. As of the date this agreement is approved, the SELLER's contracted courier company is Yurtiçi Kargo.
10.3. The SELLER acknowledges, declares, and undertakes to deliver the product subject to the Agreement complete, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and the information and documents required by the nature of the work, if any; to perform the work within the principles of integrity and honesty in accordance with the requirements of the legal legislation, free from all defects, and in compliance with standards; to maintain and increase the service quality; to show the necessary attention and care during the performance of the work; and to act with prudence and foresight.
10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the Agreement.
10.5. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the Product subject to the Agreement, and that if the product price is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the product shall terminate. The BUYER acknowledges, declares, and undertakes that the SELLER has no responsibility regarding payments made to the SELLER by the bank and/or financial institution for which a "failed code" was sent by the bank and/or financial institution for any reason.
10.6. If the price of the Product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product to the BUYER or the person/entity at the address indicated by the BUYER, the BUYER acknowledges, declares, and undertakes to return the Product to the SELLER within 3 days, with the transportation costs belonging to the SELLER.
10.7. The SELLER acknowledges, declares, and undertakes that if it cannot deliver the product subject to the Agreement within the period due to force majeure situations such as the occurrence of unpredictable circumstances that develop beyond the will of the Parties and prevent and/or delay the Parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER is entitled to request from the SELLER the cancellation of the order, the replacement of the product with its precedent if any, and/or the postponement of the delivery period until the obstructive situation disappears. In case of cancellation of the order by the BUYER, for payments made by the BUYER in cash, the product amount is paid to them in cash and in a single sum within 14 (fourteen) days. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take 2 (two) to 3 (three) weeks, and since the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
10.8. The BUYER shall inspect the goods/services subject to the Agreement before receiving them; they shall not receive damaged or defective goods/services such as dented, broken, or with torn packaging from the courier company. The received goods/services shall be deemed to be undamaged and intact. The obligation to protect the goods/services carefully 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.
10.9. If the credit card holder used during the order and the BUYER are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the cardholder's bank stating that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 (twenty-four) hours, the SELLER is entitled to cancel the order.
10.10. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER's website is true, and that they will indemnify all damages the SELLER may incur due to the falsity of this information immediately, in cash and in a single sum, upon the first notification of the SELLER.
10.11. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
10.12. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes on the material and moral rights of others. Furthermore, the member may not engage in activities (spam, viruses, trojan horses, etc.) or transactions that prevent or make it difficult for others to use the services.
10.13. Links may be provided via the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are placed to provide 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.
10.14. The BUYER, who violates one or more of the articles listed in this Agreement, shall be personally, criminally, and legally responsible for such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that the incident is referred to the legal field due to the said violation, the SELLER reserves the right to claim compensation against the BUYER due to non-compliance with the Agreement.
11. SPECIAL CONDITIONS
11.1. The SELLER may, at its sole discretion, organize various campaigns for BUYERS on the Website at various times, the conditions of which are determined by the SELLER. Provided however that, if the BUYER returns the products purchased for any reason (return, right of withdrawal, etc.) and the campaign conditions organized by the SELLER cannot be met for any reason, the discount amount/benefit utilized within the scope of the campaign shall be canceled and deducted from the refund payment to be made to the BUYER.
11.2. If the BUYER is eligible to benefit from more than one campaign on the same invoice, the campaigns shall not be combined, and the BUYER may only benefit from one campaign. In such a case, the BUYER acknowledges, declares, and undertakes that they shall not make any claims.
11.3. The SELLER reserves the right to stop, update, and change the campaign conditions announced on the Website at any time. The BUYER is required and advised to review the campaign conditions before each purchase made on the Website.
11.4. Your bank may organize campaigns and apply a number of installments higher than the number of installments you selected, or offer services such as installment postponement. Such campaigns are at your bank's discretion, and if they are within the SELLER's knowledge, information about the campaigns is provided on our pages. Starting from the account cut-off date of your credit card, the order total will be divided by the number of installments and reflected in your credit card summary by your bank. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at your bank's discretion.
12. PERSONAL DATA PROTECTION POLICY, ELECTRONIC COMMERCE COMMUNICATION PERMISSION, AND RULES REGARDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
12.1. Information such as name, surname, e-mail address, T.R. Identity Number, demographic data, financial data, etc., belonging to the BUYER that can be defined as personal data within the scope of the Personal Data Protection Law No. 6698;
Explicit Consent
In accordance with the KVKK (Law on the Protection of Personal Data), Morafilli, in its capacity as Data Controller, within the framework explained in the KVKK, may obtain, record, store, preserve, update, change, rearrange, disclose to third parties in cases and to the extent permitted by the legislation, transfer, share, classify, anonymize, and process in other ways listed in the KVKK your personal data that you have shared with Morafilli via websites, stores, and other channels belonging to our brand within the scope of Morafilli membership, in order to maintain its services.
In this context, you give explicit consent to the processing of your personal data (including special categories of personal data) shared through the Morafilli Membership program and website membership process in accordance with the KVKK and relevant legislation within the scope specified below. You can obtain all our products from our stores without being included in the Morafilli Membership program. In this case, your personal data will be processed only in the presence of exceptional cases listed in the KVKK that do not require explicit consent and within the limited scope of these exceptions.
Purpose of the Personal Data Protection Policy
With this Personal Data Protection Policy, we aim to convey to our valued customers what kind of personal data the Morafilli Membership program collects, how this personal data is used, with whom Morafilli can share your personal data, what your rights are regarding your personal data processed by Morafilli, how you can use these rights, and how you can change your positive or negative preferences regarding receiving electronic commercial messages.
Processed Personal Data, Purpose, and Legal Basis for Processing Personal Data
The Morafilli Membership program, in order to provide better service to its members and within the framework of its legal obligations arising from the relevant legislation, especially the Law No. 6563 on the Regulation of Electronic Commerce and relevant secondary legislation, the Turkish Penal Code No. 5237, and the Personal Data Protection Law No. 6698; requests from you your personal data (name, surname, date of birth, mobile phone number, e-mail, gender, address, occupation, education, shopping point and time, how much payment was made, which campaign was utilized, the amount of discount received, product information in the purchase, navigation and click information on the application, location information where the application was opened) that will enable it to fulfill the said purposes and legal obligations. These personal data will be processed and stored by taking information security measures, based on your explicit consent, provided that they are not used outside the purposes and scope determined by this Personal Data Protection Policy and Communication Permission, in order for you to benefit from the Morafilli Membership program benefits.
2. Your Rights Regarding Your Personal Data
You can apply via our WhatsApp line at 0850 840 29 08, the "[email protected]" e-mail address, or www.morafilli.com to learn what your processed personal data is, whether it is used in accordance with the purpose of processing, to learn the third parties to whom personal data is transferred domestically or abroad, to change and update these data in case of incomplete or incorrectly processed personal data or any changes in your processed personal data, to notify third parties to whom personal data is transferred about updates, and to exercise all other rights you have pursuant to Article 11 of the Personal Data Protection Law No. 6698, such as withdrawing your permissions.
3. Personal Data Retention Period
Pursuant to Law No. 6563 on the Regulation of Electronic Commerce; the approval, the withdrawal of the approval, the content of the commercial electronic message, and other records regarding the shipment will be recorded to be submitted to the Ministry when necessary and will be stored for 5 years from the date the validity of the approval expires. After the period expires, your personal data will be deleted, destroyed, or anonymized by our company or upon your request.
4. Withdrawal from Morafilli Membership Program and Canceling Communication Permission
If you wish to withdraw your said permission and no longer want messages sent to you for campaign promotions or informational purposes, you can convey this request to Morafilli at any time through the method you gave the permission (SMS, e-mail, push notification, website, and other methods) and you can always send an e-mail to "[email protected]".
5. Sharing Personal Data with Official Authorities
Morafilli may share your personal data regarding membership and traffic information such as your navigation information with public institutions and organizations that are legally authorized to request this information for your security and for Morafilli to fulfill its obligations against the law.
6. MEASURES REGARDING THE PROTECTION OF PERSONAL DATA
The protection of personal data is a significant matter for Morafilli. Morafilli takes the necessary measures to protect personal data against unauthorized access or the loss, misuse, disclosure, alteration, or destruction of this information. Morafilli uses generally accepted security technology standards such as firewalls and Secure Socket Layer (SSL) encryption when storing personal data. In addition, while sending your personal data to Morafilli via the website/mobile application, these data are transferred using SSL.
Morafilli undertakes to keep your personal data confidential, to take all necessary technical and administrative measures for ensuring privacy and security, and to show due diligence. Despite Morafilli taking the necessary information security measures, in the event that personal data is damaged or falls into the hands of third parties as a result of attacks on the website and the system, Morafilli shall immediately notify you and the Personal Data Protection Board.
7. AMENDMENTS TO THE PRIVACY/PERSONAL DATA PROTECTION POLICY AND COMMUNICATION PERMISSION
Morafilli may make changes to this Privacy/Personal Data Protection Policy and Communication Permission at any time. These changes become effective immediately upon the posting of the amended new Privacy/Personal Data Protection Policy and Communication Permission on the "www.morafilli.com/kvkk" site. Necessary information will be provided to you, our members, so that you are aware of the changes in this Privacy/Personal Data Protection Policy and Communication Permission.
8. ELECTRONIC COMMUNICATION PERMISSION
By accepting this Privacy/Personal Data Protection Policy and Communication Permission, you consent to the collection, storage, processing, use, and transfer of your personal data, which you have consented to share with us, for the purposes of providing and presenting various advantages to you and sending all kinds of physical and electronic communications and other communication messages for personalized advertising, sales, marketing, surveys, and similar purposes. These personal data will be shared with all affiliates and subsidiaries of Morafilli, as well as domestic and/or international 3rd Parties with whom we have a contractual relationship (by fulfilling all legal obligations) for the same purposes. In addition, this information will be shared with 3rd parties with whom we have a contractual relationship and who bear the same legal and technical responsibilities as us regarding data protection and security, and who comply with the relevant Legislation provisions, only in case of need and to the extent necessary, for the purpose of providing the services flawlessly, delivering your possible shipments soundly, and delivering our notifications via telephone, SMS, e-mail, and other electronic communication methods on time. Customers acknowledge and declare that they consent to the use and storage of their personal data by Morafilli in this manner. Morafilli will take all necessary measures for the secure storage of said personal data and the prevention of unauthorized access and unlawful data processing pursuant to Art. 12 of the Personal Data Protection Law No. 6698.
By accepting this Personal Data Protection Policy and Communication Permission, the Customer consents to the processing of location data processed by the electronic communication operator with explicit consent and shared with us based on the legal relationship between us and the electronic communication operator, for the purpose of providing various advantages and sending all kinds of electronic communications for personalized advertising, sales, marketing, surveys, and similar purposes. If you wish to withdraw your communication permission, you can convey this request to Morafilli at any time through the method you gave the permission (SMS, e-mail, website, and other methods).
CLARIFICATION TEXT WITHIN THE SCOPE OF THE PERSONAL DATA PROTECTION LAW:
Dear Customers; As Morafilli, acting as the Data Controller within the scope of the Personal Data Protection Law No. 6698, we may record, classify, process, store, update, and transfer the personal data of our customers and employees to third parties in cases permitted by the legislation. With this clarification text, we inform you about our mutual rights and obligations in accordance with the provisions of the Law.
1- Your Personal Data and Purposes of Processing
Personal information belonging to you is collected from sources such as your visit to our website, your purchases from our stores, your shares in telephone or e-mail correspondence, and your visit to our workplace. In the event that you purchase goods or services from Morafilli or otherwise enter into a commercial or legal relationship, your data—primarily identity information (name, surname, T.R. identity number, gender, date of birth); your contact data (e-mail address, address and telephone information, IP address), data regarding the product you purchased within the scope of Morafilli's field of activity, and your visual and auditory data—will be processed by Morafilli for the purposes of the performance of the contract, fulfillment of legal obligations, and within the scope of mandatory legitimate interests, under the grounds of legality specified in Article 5, Paragraph 2 of the Law.
In addition to the above, your personal data—including location data, education data, professional data, jewelry data, and image characteristics, as well as usage habits, preferences, tastes, and likes regarding all kinds of products and services offered by Morafilli—may be processed with your consent so that you can benefit from our products and services smoothly, to develop our product and service diversity, to provide service with the principle of "best service, best product" for you from time to time, to analyze your personal product habits through automated systems regarding the products you purchased from Morafilli, and to prepare and present various reports, analyses, and studies so you can benefit from customer services, consumer rights, and other opportunities, provided that your fundamental rights and freedoms are not harmed.
2- Legal Grounds for Processing Personal Data
Your information defined above may be processed by our company Elifce Takı ve Kozmetik Ltd. Şti. under the brands Morafilli and others, in cases where it is required or mandatory for legally legitimate interests—provided that it does not harm your fundamental rights and freedoms—to benefit from our products and services smoothly, to develop our product diversity with the information received, to provide product variety according to your taste, to provide service with the "best product" principle by providing a personalized marketing service about you, to analyze your personal shopping habits through automated systems, and to be used by group companies, business partners, suppliers, and service providers so that you can benefit from the products you purchased/interested in and related customer services, consumer rights, and other opportunities and/or to fulfill the commercial/financial/legal responsibilities related thereto.
If your prior consent and permission have not been obtained, we will request your consent as per legal requirements for your personal data that do not fall under one of the grounds of legality specified in Article 5/2 of the Law. In this case, if applicable in our store, you may provide consent through a written and signed permission, or via digital means with the same legal status and value. If you find the electronic communication permission text and the personal data processing policy—presented for your information via digital media (SMS, E-MAIL, MOBILE PUSH NOTIFICATION, etc.)—appropriate, your permission/approval process will be completed upon notifying the sales representative of the password uniquely generated for you and sent to your mobile phone, which is unknown to anyone other than yourself. For all your requests and petitions regarding these matters, you may apply via our WhatsApp line at 0850 840 29 08 or the e-mail address "[email protected]".
3- Sharing and Transfer of Data
Your personal data, obtained directly from you or through various channels by our company via our stores, websites, and mobile applications, may be shared with public institutions or organizations authorized to request such data due to legal obligations, and with domestic or international institutions and business partners with whom we cooperate due to our activities; provided that adequate and effective measures are taken in accordance with the security and confidentiality principles set forth in the legislation.
4- Your Rights Under the Law
As personal data subjects, if you submit your requests regarding your rights to Morafilli—in a manner that your identity can be verified—through the methods set forth in the Morafilli Personal Data Protection and Processing Policy and the Data Subject Application Procedure published on the website www.morafilli.com (based on the Communiqué on the Procedures and Principles for Application to the Data Controller) by filling out the personal data application form published on the same web address, or by a written document/e-mail containing the mandatory information specified in the application form, or by using a registered electronic mail (KEP) address, secure electronic signature, mobile signature, or the e-mail address previously notified to Morafilli and registered in Morafilli's system, or through a software or application developed for the purpose of application; Morafilli shall finalize the request free of charge as soon as possible and within thirty days at the latest, depending on the nature of the request. However, if the transaction requires an additional cost, the fee in the tariff determined by the Personal Data Protection Board shall be charged by Morafilli. In this context, personal data subjects have the right to:
Learn whether personal data is processed, Request information if personal data has been processed, Learn the purpose of processing personal data and whether they are used in accordance with their purpose, Know the third parties to whom personal data are transferred domestically or abroad, Request rectification of personal data if it is incomplete or incorrectly processed and request notification of this transaction to third parties to whom personal data has been transferred, Request the deletion or destruction of personal data in the event that the reasons requiring processing disappear, despite being processed in accordance with the provisions of Law No. 6698 and other relevant laws, and request notification of this transaction to third parties to whom personal data has been transferred, Object to the occurrence of a result against the person himself/herself by analyzing the processed data exclusively through automated systems, and Request compensation for the damages in case of loss due to unlawful processing of personal data. For comprehensive information regarding your personal data, you may review the Morafilli PERSONAL DATA PROTECTION AND PROCESSING POLICY on the website www.morafilli.com.
*Personal data may be recorded for an indefinite or specified period, preserved in written/magnetic archives, used, updated, shared, transferred, and processed by the SELLER, SELLER’s affiliates, and third parties and/or organizations for the purposes of: taking orders, providing products and services, developing products and services, resolving systemic problems, performing payment transactions, utilizing in marketing activities regarding orders, products, and services (if prior consent is given), updating the BUYER's information, managing and maintaining memberships, performing the distance sales agreement and other agreements established between the BUYER and the SELLER, and ensuring that the technical, logistical, and other similar functions of 3rd parties are carried out on behalf of the SELLER.
12.2. Commercial electronic communications may be sent to BUYERS by Elifce Takı ve Kozmetik Ltd. Şti. via SMS/short message, instant notification, automatic call, computer, telephone, e-mail, fax, and other electronic communication tools for the purposes of promotion, advertising, communication, incentives, sales, and marketing regarding all kinds of products and services, as well as for credit card and membership information, transactions, and applications, in accordance with the applicable legislation. The BUYER has agreed to be sent commercial electronic messages.
12.3. Precautions necessary for the security of the information and transactions entered by the BUYER on the Website have been taken within the SELLER’s own system infrastructure, within the scope of today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's own devices, it is the BUYER's responsibility to take necessary measures, including those regarding viruses and similar harmful applications, to ensure they are protected and cannot be accessed by unrelated persons.
12.4. The BUYER may request the cessation of data use-processing and/or communications at any time by reaching the SELLER through the specified communication channels. According to the BUYER's explicit notification on this matter, personal data processing and/or communications to the BUYER shall be stopped within the maximum legal period; furthermore, if the BUYER wishes, their information—other than that which must be legally preserved and/or is possible to keep—shall be deleted from the data recording system or anonymized so that their identity cannot be identified. The BUYER may always apply to the SELLER and obtain information regarding: processes related to the processing of their personal data, the persons to whom they are transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result against them by analysis through automated systems, and compensation in case of damage due to unlawful processing of data. Such applications will be evaluated, and the BUYER will receive a response within the periods stipulated in the legislation.
12.5. All kinds of information and content belonging to the Website and regarding their arrangement, revision, and partial/full use; all intellectual-industrial property and ownership rights belong to Elifce Takı ve Kozmetik Ltd. Şti., excluding those belonging to third parties pursuant to the SELLER’s agreements.
12.6. On other sites accessed through the Website, their own privacy-security policies and terms of use are valid; the SELLER is not responsible for any disputes or negative consequences that may arise.
12.7. In the event that the BUYER exercises the right of withdrawal, the refund arising from the right of withdrawal shall be made through the same method used by the BUYER for the payment of the order.
13. RIGHT OF WITHDRAWAL
13.1. The BUYER may exercise the right of withdrawal from the Agreement in distance contracts regarding the sale of goods by rejecting the goods within 14 (fourteen) days from the date of delivery to themselves or the person/entity at the indicated address, without providing any justification and without paying any penal clause, as per the law. However, the product return process may vary depending on the type of product. The return method for jewelry and accessories subject to use requiring hygiene, and similarly for accessories to be used only once (e.g., wedding night), may be restricted by the SELLER. Morafilli declares that the BUYER may exercise this right by returning the product received to the contracted courier company on the same day the product is received. The Buyer may also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods. The BUYER must direct the notification regarding the exercise of the right of withdrawal to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is informed by the SELLER in a clear and understandable manner about the matters determined in the regulation and that they will enter into a payment obligation if they confirm the order, and the BUYER accepts in advance that they have been informed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the consumer's approval before the expiry of the right of withdrawal period. Costs arising from the exercise of the right of withdrawal belong to the SELLER.
13.2. To exercise the right of withdrawal, the BUYER may notify the SELLER in writing via registered mail, fax, or e-mail to the address specified above within the 14 (fourteen) day period. For the right of withdrawal to be exercised, the product must not have been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot be Exercised" under Article 14. In case of exercising this right:
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns whose invoices are issued in the name of 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 their box, packaging, and standard aksesuarları (accessories), if any.
d) The SELLER is obliged to refund the total price, including delivery costs if any, to the BUYER in a single sum within 14 days at the latest from the receipt of the withdrawal notification. From the exercise of the right of withdrawal, the BUYER must also return the product in question to the seller within the day it was received from the courier.
e) If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to their fault.
f) If the campaign limit amount set by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign is canceled.
In cases where the BUYER exercises the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where a refund to the BUYER is decided by arbitration committee decisions, if the purchase was made by credit card and in installments, the refund procedure to the credit card is as follows: The Bank makes the refund to the BUYER in as many installments as the BUYER purchased the product. After the SELLER pays the entire product price to the bank in a single sum, in case of refunding installment expenditures made from Bank POS terminals to the BUYER’s credit card, the requested refund amounts are transferred by the Bank to the bearer party accounts again in installments so that the involved Parties do not suffer.
g) The right of withdrawal period starts on the day the contract is concluded in contracts for service performance, and on the day the consumer or the third party determined by the consumer receives the goods in contracts for the delivery of goods. However, the consumer may also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.
14. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
In accordance with the provisions of Article 15 titled "exceptions to the right of withdrawal" of the Regulation on Distance Contracts and the provisions of Article 6 of the distance sales agreement approved electronically between the Parties, the product must be unused and in a condition that can be offered for resale by the SELLER. (However, the Consumer is not responsible for changes and deteriorations that occur if they use the goods in accordance with its operation, technical characteristics, and instructions for use within the withdrawal period).
The BUYER shall not be able to exercise the right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the SELLER.
b) Contracts regarding goods prepared in line with the consumer's requests or personal needs.
c) Contracts regarding the delivery of goods that may spoil quickly or may expire.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts regarding goods that are mixed with other products after delivery and which are not possible to separate due to their nature.
e) Contracts regarding books, digital content, and computer consumables provided in physical media, provided that protective elements such as packaging, tape, seal, package have been opened after delivery.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
g) Contracts regarding the utilization of leisure time for accommodation, moving of goods, car rental, food and beverage supply, and entertainment or recreation, which must be made on a specific date or period.
ğ) Contracts regarding services performed instantly in an electronic environment or intangible goods delivered instantly to the BUYER.
h) Contracts regarding services whose performance started with the BUYER’s approval before the expiry of the right of withdrawal period.
In the event that the Goods/Services subject to the Agreement consist of types of Goods/Services excluded from the scope of application of the Regulation on Distance Contracts (such as foodstuffs, beverages, or other daily consumption items delivered to the BUYER's residence via the SELLER's regular deliveries, and services in fields such as travel, accommodation, catering, and the entertainment sector), the right of withdrawal cannot be exercised as the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the BUYER and the SELLER.
15. RESOLUTION OF DISPUTES AND ALTERNATIVE DISPUTE RESOLUTION METHODS
15.1. In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the Goods or Services and where their residence is located are authorized up to the value declared by the Ministry of Trade. In cases where Consumer Courts are directly authorized and in charge due to monetary limits, it is mandatory to apply to a mediator, which is a condition for litigation.
15.2. In accordance with the lower and upper limits specified in the 1st paragraph of Article 68 of the Law No. 6502 on the Protection of Consumers, district/provincial consumer arbitration committees are authorized regarding consumer requests.
16. STATE OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that in the event of default in transactions made by credit card, they will pay interest and be liable to the bank within the framework of the credit card agreement made between them and the cardholder bank. In this case, the relevant bank may resort to legal actions; may demand the incurred expenses and attorney fees from the BUYER, and in any case, if the BUYER falls into default due to their debt, the BUYER acknowledges, declares, and undertakes to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
17. EVIDENCE AGREEMENT AND AUTHORIZED COURT
In the resolution of any disputes that may arise from this Agreement and/or its implementation, SELLER’s records (including records in magnetic media such as computer-voice records) shall constitute conclusive evidence. The Parties have accepted that in disputes arising from the implementation and interpretation of the Agreement, the district/provincial Consumer Arbitration Committees in the place where the BUYER and the SELLER reside within the monetary limits determined within the framework of the legislation, and in cases exceeding these limits, the Consumer Courts of the BUYER and the SELLER shall be authorized.
18. LIABILITY FOR LOSS AND DAMAGE
The SELLER is responsible for losses and damages occurring until the delivery of the goods to the consumer or a third person to be determined by the consumer other than the carrier. In the event that the BUYER requests the goods to be sent with a carrier other than the carrier determined by the seller, the SELLER is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.
19. EFFECTIVENESS (ENFORCEMENT)
In the event that the payment for the order placed through the Site is realized, the BUYER shall be deemed to have accepted all the conditions of this Agreement. The SELLER has made the necessary software arrangements to ensure that no order can be placed on the site without obtaining confirmation from the BUYER that the said Agreement has been read and accepted.
SELLER INFORMATION: Elifce Takı ve Kozmetik Ltd. Şti.
BUYER INFORMATION: