**PRE-INFORMATION FORM**
**DISTANCE SALES AGREEMENT**
1. INFORMATION ABOUT THE SELLER
Company Name: 9POLY FASHION TEXTILE AUGMENTED REALITY SOFTWARE TECHNOLOGIES AND E-COMMERCE LIMITED COMPANY (hereinafter referred to as the “SELLER")
Address: Fatih Sultan Mehmet Mah. Balkan Cad. Meydan Istanbul Avm Blok No: 62a Ümraniye / Istanbul
Telephone:
Fax:
E-mail address:
2. INFORMATION ABOUT THE BUYER
Name Surname: ……………. (hereinafter referred to as the “BUYER")
Username: …………….
Delivery Address: …………….
Telephone: …………….
Email address: …………….
3. INVOICE INFORMATION
Trade Name / Name and Surname: …………….
Tax Office and Tax Identification Number: …………….
Address: …………….
Telephone: …………….
Fax: …………….
E-mail/Username: …………….
Invoice Delivery: The invoice will be delivered to the delivery address during the delivery of the order and/or to the e-mail address via the e-invoice method.
4. SUBJECT
The subject of this Pre-Information Form is to inform the BUYER and the SELLER in accordance with the Law, Regulation, and other legal regulations regarding the contract between the BUYER and the SELLER. The mandatory provisions required by the Regulation are included in this form, and the BUYER can follow the information regarding the Pre-Information Form and the Agreement from the “My Account" page of their membership and update their changing information via this page. A copy of the Pre-Information Form and the Agreement is available in the BUYER’s membership account, and upon request, it can also be sent separately via e-mail.
4. PRODUCT/SERVICE INFORMATION
4.1. The basic features of the Product/Service (type, quantity, brand/model, color, unit price) are available on the Platform and can be examined in detail via the Platform.
4.2. All amounts to be paid for the Product/Service (total sales price including all taxes, shipping fee, installment surcharge, total discount amount earned from simultaneous purchases from open markets and/or other boutiques, etc.) are shown in the table below.
Product Description:
Quantity:
Cash Price:
Subtotal (VAT Included):
Campaign Used (If Any):
Total :
Total Product Price Excluding Shipping:
Shipping Fee:
Installment Surcharge:
Total Order Amount:
Payment Method and Plan:
Delivery Address:
Recipient:
Invoice Address:
Order Date
Delivery Method:
5. GENERAL PROVISIONS
5.1. The SELLER accepts, declares, and undertakes to deliver the Product/Service in full, in accordance with the specified qualifications in the order, along with any warranty documents, user manuals, and other information and documents that must be delivered with the Product/Service as required by legislation.
5.2. The Product will be delivered to the BUYER or the third party designated by the BUYER within the promised delivery period and in any case within 15 (fifteen) days from the date of the contract, provided that the promised delivery period does not exceed 15 (fifteen) days, by the Shipping Company. However, in the case of Product/Service sales prepared in accordance with the BUYER’s request or personal needs, the delivery period may exceed the relevant 15 (fifteen) days. The “estimated delivery date" specified on the Platform is provided as an estimate and does not constitute any commitment. The SELLER is not responsible for any damages and expenses arising from the BUYER’s failure to receive the Product/Service on time and/or not receiving it at all when the BUYER or the third party designated by the BUYER is not present at the address at the time of delivery. In addition, for orders indicated as “Pre-Order" status, the delivery period may exceed 15 (fifteen) days, and the BUYER cannot terminate the Agreement due to the non-delivery of the Agreement within 15 (fifteen) days when purchasing a Product/Service prepared or in “Pre-Order" status according to the BUYER’s request or personal needs.
5.3. The SELLER sends the Product to the BUYER via the Shipping Company. If there is no branch of the Shipping Company at the place where the BUYER is located, the BUYER must pick up the Product from another nearby branch of the Shipping Company notified by the SELLER. In the event that the SELLER fails to fulfill its obligation within this period, the BUYER may terminate the Agreement.
5.4. If the BUYER does not receive the Product/Service for any reason, it will be deemed that the BUYER has returned the Product/Service, and in this case, all payments collected from the BUYER will be refunded to the BUYER within the legal period by offsetting the shipping costs in accordance with the sales conditions.
5.5. If the BUYER does not benefit from any campaign, the delivery costs of the Product/Service will be borne by the BUYER. In case of cancellation/return of orders created with free shipping and/or discount campaigns, if the remaining order amount does not meet the campaign conditions, the campaign will be canceled, and the remaining payment will be refunded to the BUYER within the legal period, by offsetting the campaign discount and/or shipping fee from the returned Product/Service amount.
5.6. The SELLER has the right to cancel the order in cases where the fulfillment of the SELLER’s obligation is prevented due to reasons other than the SELLER and/or due to reasons originating from the SELLER (such as cessation of production of the Product/Service, recall of the Product/Service, stock insufficiency, and other reasons such as force majeure such as adverse weather conditions, earthquake, fire, flood, epidemic, strike, lockout, etc.). In this case, the BUYER will be informed via the registered e-mail address in the system, and the SELLER will refund all payments collected, including delivery costs, within the legal period.
5.7. Before receiving the Product, the BUYER will inspect; damaged, broken, torn packaging, defective, or incomplete Products/Services will not be accepted. If the right of withdrawal will be used, the Product/Service should not be used, and the invoice of the Product/Service and all other documents conveyed to the BUYER during delivery (such as warranty certificate, user manual, etc.) must be returned together. Cancellation and/or return of products that are damaged, broken, packaging is torn, and used, as well as personalized products, under the right of withdrawal, is not possible.
5.8. The BUYER is obligated to pay the price of the Agreement, and it accepts, declares, and undertakes that if the price of the Agreement is not paid for any reason, such as unauthorized use of the Bank and/or credit card, the fulfillment of the SELLER’s delivery obligation will cease.
5.9. In cases where the BUYER is entitled to a refund of the Agreement price for any reason under the Agreement, the BUYER accepts, declares, and undertakes that the reflection of the amount returned to the BUYER’s accounts is entirely related to the Bank transaction process, and the SELLER cannot be held
responsible for any delays.
5.10. The BUYER acknowledges, declares, and undertakes that if any restrictions are imposed on the quantities of Products/Services that can be ordered by the BUYER, notifications will be made through the Platform, and even if the order is completed, the BUYER knows, accepts, declares, and undertakes that the BUYER has the right to cancel the part exceeding the number of products that can be ordered by the SELLER.
5.11. If the BUYER chooses the corporate invoice option, the SELLER will issue a corporate invoice using the tax identification number and tax office information provided by the BUYER through the Platform. The BUYER is responsible for any damages arising from the incorrect or incomplete entry of the required information on the invoice.
6. PROTECTION OF PERSONAL DATA, RULES REGARDING COMMERCIAL ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS
6.1. In accordance with the Personal Data Protection Law No. 6698, the SELLER may process the personal data of the BUYER defined as personal data within the scope of the law, such as identity, communication, customer transaction, and transaction security information, for the purposes of receiving orders, providing the Product/Service, solving systemic problems, performing payment transactions, using the Product/Service in marketing activities, updating the information of the BUYER, managing and maintaining memberships, and performing and executing the Agreement and other contracts established between the BUYER and the SELLER, and ensuring the technical, logistical, and similar other functions of third parties by the SELLER.
6.2. If the BUYER has commercial electronic permission in accordance with all kinds of Product/Service-related promotion, advertisement, communication, promotion, sales, and marketing purposes under the Agreement, the SELLER may make commercial electronic communications via SMS/text message, instant notification, automatic call, computer, phone, e-mail, fax, and other electronic communication tools.
6.3. The SELLER has taken the necessary security measures, including virus protection, within the existing possibilities, for the security of the information and transactions entered by the BUYER and carried out during the use of the Platform. However, for the ultimate security, the BUYER must provide their own virus protection system and take necessary security measures. In this context, the BUYER is deemed to have accepted that they are responsible for all errors that may occur in their own software and operating systems and their direct or indirect consequences while using the Platform.
6.4. The BUYER undertakes to ensure that the data provided within the scope of the Agreement is correct and up-to-date, and to make the necessary updates on the Platform if the information changes.
6.5. All intellectual and industrial property rights and proprietary rights regarding all kinds of information and content related to the Platform, including their arrangement, revision, and partial/full use, except those belonging to third parties according to the agreement, belong to the SELLER.
6.6. Detailed information about the processing and protection of personal data of the BUYER by the SELLER can be found at https://9poly.fashion/preliminary-information-form/
7. RIGHT OF WITHDRAWAL DOES NOT APPLY TO PRODUCTS PURCHASED THROUGH THE PLATFORM
The Buyer cannot use the right of withdrawal in contracts related to the following conditions in the Products purchased through the platform:
a) Contracts related to personalized Products prepared in line with the consumer’s requests or personal needs,
b) Contracts related to Products whose protective elements such as box, packaging, tape, seal, package, etc. are opened, damaged, and used after delivery,
c) Contracts related to Products that are mixed with other products after delivery and cannot be separated due to their nature,
d) Contracts related to services that have started with the consent of the BUYER,
The right of withdrawal cannot be used for these orders, and a return code cannot be generated for these orders via the Platform.
8. RESOLUTION OF DISPUTES
In the implementation of the Agreement, Consumer Arbitration Committees and Consumer Courts at the place where the BUYER purchased the Product/Service and resides are authorized within the monetary limits announced by the Ministry.
EXCEPTION
The provisions in this pre-information form, which provide legal protection to consumers under Law No. 6502 on the Protection of the Consumer, are valid only if the BUYER is a Consumer; if the BUYER does not meet the definition of a Consumer in Law No. 6502, the relevant articles will not be binding between the parties.