This Agreement governs the rights and obligations of the parties with respect to the sale, delivery, and other related matters of the products/services (“Product(s)”) that the BUYER (Consumer) wants to purchase by placing an order through the ELECTRONIC COMMERCE website of the SELLER at https://www.ramaenerji.com.tr/ (“WEBSITE”), including transactions made via mobile device applications. Once the BUYER approves this Agreement on the WEBSITE, the payment of the price and costs of the ordered Product(s) will be collected via the payment method selected by the BUYER.

Article 1: Parties

SELLER:
Title: Enera Elektrik Satış A.Ş.
Address: Ömer Avni Mah. İnönü Cad. Devres Han No: 50 Floor: 5/B 34427 Beyoğlu / İstanbul
Phone: +90 212 240 28 20 (Customer Service)
E-Mail: [email protected]
Bank Account: (as specified)

BUYER (CONSUMER):
Name / Title: …
Address: …
Phone: …
E-Mail: …

Article 2: Subject — Product, Price, Payment & Delivery

The type, quantity, brand/model, color, unit price(s) and sales price, payment (collection) information, and delivery address (as provided by the BUYER) of the Products, including the delivery location, are specified below. If the courier company making the delivery does not have a branch in the BUYER’s locale, the BUYER must collect the Product from another nearby branch to be notified by the SELLER (the BUYER will be informed by email/SMS/phone). Other delivery-related terms are specified in Article 7 of this Agreement.

Product Unit Price (TRY) | Quantity | Total (TRY)
Brand, Product, Color, Size etc. … / … TRY / …
Used gift voucher / credits / … total … TRY
Order processing & shipping / courier fees … TRY
Total Order Payment (incl. VAT): … TRY

Payment (Collection) Information:
Payment Method – Instrument: (Credit Card / Cash-on-Delivery with Card or Cash)
Card Type: Visa …
Card Number: …
Payment: Credit Card …
Installment / Single Payment …
Total Amount: …

Delivery Information:
Name / Title: …
Address: …
Phone: …
E-Mail: …
Invoice Information:
Name / Title: …
Address: …
Phone: …
E-Mail: …

Article 3: Matters the Buyer Was Pre-informed About

The BUYER confirms that, before entering into this Agreement and before placing the order or becoming obligated to pay, he/she has reviewed and accepted the following information presented in the relevant pages/sections of the WEBSITE:

• The SELLER’s trade name, contact and up-to-date identification information.
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• The stages of the sales transaction on the WEBSITE and means for correction of erroneously entered data.
• The professional chamber (Istanbul Chamber of Commerce – ITO) to which the SELLER belongs and contact details to access professional conduct rules (Phone: 4440486, www.ito.org.tr).
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• The SELLER’s confidentiality, data processing, and electronic communication practices for BUYER information, and the permissions granted by the BUYER in those respects, the legal rights of the BUYER, the SELLER’s rights, and the methods of exercising rights by both parties.
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• Restrictions on deliveries for Products as determined by the SELLER.
•  
• The payment methods accepted by the SELLER for the Product(s) under this Agreement and the main characteristics of the Product(s), the total price including taxes (and all related costs) to be paid by the BUYER to the SELLER.
•  
• The procedures for delivery of the Product(s) to the BUYER, including transport, delivery, and shipping costs.
•  
• Other relevant payment / collection and delivery information and obligations of the parties regarding the fulfillment of the Agreement.
•  
• Products / services for which the BUYER does not have the right of withdrawal.
•  
• The conditions, period, and procedures for exercising the right of withdrawal when available, and the loss o the right of withdrawal if not exercised in time.
•  
• In cases where withdrawal is available, the conditions under which the Product’s use during the withdrawal period, deviation from ordinary usage, or damage / alteration may invalidate the withdrawal right, and how deductions may be made from refunds corresponding to such changes.
•  
• The methods of returning Products, all cost-related matters (return methods, cost, refund, deduction or offsetting of any reward points used or earned).
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• In case the BUYER is a legal entity purchasing Products for commercial or professional purposes, the consumer rights (including withdrawal right) may not apply.
•  
• That this Agreement and all sales terms and disclosures form an integral part of this Agreement, that after being accepted on the WEBSITE they are sent via email and can be stored and accessed by the BUYER, and retained by the SELLER for three years.
•  
• That in disputes, the BUYER may file complaints through the SELLER’s contact information and apply to District/Provincial Consumer Arbitration Boards and Consumer Courts under Law 6502.

Article 4: Right of Withdrawal

The BUYER may withdraw from this Agreement within fourteen (14) days from the date the Product is delivered, without giving any reason and without penalty. However, by law, in the following cases there is no right of withdrawal, even if the Product is unused/not benefited from:

• Products manufactured or customized upon the BUYER’s request or according to his/her personal needs (including modifications / additions or imports procured domestically or abroad).
•  
• Perishable goods or goods with a limited shelf-life (e.g. cosmetics, food items like chocolate).
• Cosmetics, swimwear, undergarments, etc., whose protective packaging (seal, wrap, sticker, etc.) has been opened, where return is not acceptable for hygiene or health reasons.
•  
• Goods that, after delivery, become inseparable from other goods or mixed in nature.
• Sealed books, software, CDs, DVDs, sound / image recordings, digital content whose protective packaging has been opened.
•  
• Services immediately performed in digital form or other intangible goods delivered instantly.
•  
• Goods or services whose price depends on fluctuations in financial markets outside the SELLER’s control.
•  
• Newspapers, periodicals (unless subscription contracts).
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• Accommodation, transport, catering, leisure services to be performed at a specific time or within a period.
•  
• Services whose execution begins with the BUYER’s consent during the withdrawal period.
•  
• Other goods or services excluded by law from distance sales.

If the BUYER exercises withdrawal rights, he/she is responsible for using the Product within the withdrawal period in accordance with its instructions, ordinary usage, and technical specifications. If changes or deterioration occur due to inappropriate use, the right of withdrawal may be forfeited. The SELLER may deduct a value corresponding to such changes/deterioration from the refund, where accepted.

To exercise the right of withdrawal, the BUYER must notify the SELLER by clear statement within the legal 14 day period.

In such case, the Product must be returned to the SELLER (at BUYER’s expense) within maximum ten (10) days,
with all packaging, protective materials and accessories, intact and undamaged. If a contract courier is designated on the WEBSITE for returns, the return may be sent from any branch within the BUYER’s district without cost to the BUYER.

The Product must accompany the return invoice section, duly completed and signed (especially for returns requiring invoice).

Returns in corporate name (legal entities) will not be accepted if the return invoice is not issued.

Upon fulfillment of the above, within fourteen (14) days from the date the withdrawal notice reaches the SELLER, the sales price and any delivery fee will be refunded by the same payment instrument used by the BUYER, unless the BUYER expressly agrees otherwise.

The BUYER’s other legal rights and obligations after the withdrawal period, as well as the SELLER’s contractual and legal rights including set-off and collection, remain valid.

Article 5: Special Terms for Reward Points

5.1. If the BUYER has earned reward points or made payment using reward points in relation to this purchase,
and if the purchase is withdrawn or canceled, the amount/value of such reward points, gifts or benefits must be returned to the SELLER. The return shall be made first from the BUYER’s existing points, or if insufficient, via deduction from the refund amount.

5.2. If the Product was purchased partially or fully with reward points and withdrawal is exercised, the points used may be returned to the BUYER as points (unless the agreement with the related program provides otherwise).

5.3. In cases of fraudulent or improper earning / use of reward points, the SELLER may recover their monetary value from the BUYER (via credit card, cash, or other legal methods). This applies also to goods given as gifts in such systems.

5.4. The acquisition/use of reward points and related conditions are subject to the agreements between the BUYER, SELLER, and the reward program. The SELLER may exercise its rights in those agreements or with related entities.

5.5. Requests to convert reward points or similar into monetary value are never accepted.

5.6. The SELLER disclaims any liability among BUYER and third-party reward program providers for any legal, financial or non-financial consequences arising from those agreements.

5.7. The above special terms apply comparably to reward points earned or used through third party or affiliated channels. By placing an order, the BUYER is deemed to accept these special terms.

Article 6: Security, Privacy, Electronic Communication & Intellectual / Industrial Property Rights

The rules and policies below apply to security, confidentiality, processing/utilization of information, electronic communications, and other related matters in connection with the WEBSITE.

6.1. The SELLER has implemented technical and organizational measures appropriate to the nature of the information and operations to ensure the security of the information and transactions entered by the BUYER on the WEBSITE.
However, since the information is entered from the BUYER’s device, it is the BUYER’s responsibility to protect from unauthorized access (including viruses or malicious applications).

6.2. The information acquired about the BUYER during registration or shopping on the WEBSITE may be stored
indefinitely or for a term determined by the SELLER, shared, transferred, or processed for information, advertising, promotion, marketing, e-commerce, membership, credit card, and loyalty applications within the group (Enera Elektrik Satış A.Ş.). The BUYER consents to such uses under applicable law and regulations.

Those data may also be disclosed to relevant authorities or courts where required by law. The BUYER may at any time object to data processing or communications via the contact channels provided, and request erasure or anonymization as permitted by law.

6.3. The BUYER may at any time contact the SELLER to stop data processing / communications or exercise rights such as correction, deletion, notification to third parties, objection to automated processing, or compensation for damage.

6.4. All intellectual and industrial property rights and ownership, except for those belonging to third parties,
over the contents and materials of the WEBSITE are reserved by the SELLER.

6.5. The SELLER reserves the right to make modifications to the terms at any time. Such changes take effect when announced on the WEBSITE or by other appropriate means.

6.6. The privacy, security policies, and terms of use of external websites linked from this site apply when accessing them. The SELLER is not responsible for negative consequences or disputes arising therefrom.

Article 7: General Terms

7.1. Subject to a maximum of 30 calendar days (unless otherwise agreed), the Product(s) will be delivered to the BUYER or a third party address designated by the BUYER or as shown on the WEBSITE. The SELLER dispatches Products via contracted courier companies, and if the courier does not have a branch in the BUYER’s area, the BUYER must pick up from another nearby branch to be notified by the SELLER.

Products in stock are dispatched within a maximum of three (3) business days following the order date.
If there are promotional Products in the same order, dispatch will be delayed until the end of the promotion,
and then all Products are sent together no later than three (3) business days.

Courier companies generally deliver within approximately three (3) business days depending on distance.

7.2. Unless otherwise specified, delivery costs (shipping, etc.) are borne by the BUYER. The SELLER may reimburse part or full delivery costs depending on promotions announced at point of sale or on the WEBSITE.

7.3. If the BUYER is not present at the delivery address or the person there refuses acceptance, the SELLER is
deemed to have fulfilled its obligation. In such event, the BUYER is responsible for tracking the shipment with the courier.

If delivery is to another individual/organization and they are not present or refuse acceptance, the SELLER is not liable. Any damages or losses due to delay or return of shipment are the BUYER’s responsibility.

7.4. Upon delivery, the BUYER must inspect the Product. If there is evidence of damage due to shipping, the BUYER should refuse acceptance and have a report drawn with the courier. Otherwise, the SELLER disclaims responsibility.

7.5. Unless otherwise agreed in writing by the SELLER, the BUYER must pay in full before taking delivery. In cash sales, Product value must be paid before delivery. In installment sales, outstanding installment(s) must be paid. The SELLER may cancel the contract unilaterally and refuse delivery if payment is not made.

After delivery, if for any reason the bank or financing institution reverses payment, the Product must be returned by the BUYER within three (3) days. If non-payment was due to the BUYER’s fault or omission, return shipping costs are borne by the BUYER.

The SELLER retains its contractual and legal rights for set-off, collection, etc., in relation to refunds or non-performance.

7.6. In extraordinary conditions (weather, traffic, disasters, etc.) preventing delivery within 30 days, the SELLER shall notify the BUYER. The BUYER may cancel, reorder a similar product, or wait until the extraordinary event ends.

7.7. If the SELLER determines it cannot procure the Product, it shall notify the BUYER within three (3) days,
propose a substitute product of equal quality and price (with BUYER’s approval), and consider the contract fulfilled accordingly. The BUYER is free to accept or reject; if rejected, cancellation procedures apply.

7.8. In lawful withdrawals / order cancellations, if payment has been received, it will be refunded within
fourteen (14) days. Refunds are made using the same payment instrument used by the BUYER unless explicitly agreed otherwise.

In credit card payments, refunds are made to the same credit card and reflected per bank processes (which may take up to three weeks). The SELLER is not responsible for delay in refunding due to the banking process.

The SELLER reserves rights of set-off, discount, deductions under this Agreement and by law. The BUYER’s legal rights to cancel due to non-fulfillment remain unaffected.

7.9. The BUYER may submit requests, complaints, or inquiries related to Products and sales via the contact information listed in the introduction of this Agreement, verbally or in writing.

7.10. Some of the items in Article 3 may not always apply depending on the nature, but those items that are seen / accepted by the BUYER in the WEBSITE’s pre-information pages are considered part of this Agreement.

7.11. After acceptance, this Agreement and associated disclosures are sent to the BUYER’s e-mail address and can be saved and accessed at any time. The SELLER retains them for three (3) years in its systems.

7.12. In case of disputes arising from this Agreement, records (electronic, voice, computerized, etc.) of the SELLER constitute admissible evidence. The parties’ rights under mandatory legal provisions are preserved.

Article 8: Legal Remedies & Competent Jurisdiction

In disputes arising from this Agreement, within the monetary limits annually determined by the Ministry of Commerce, Provincial or District Consumer Arbitration Boards have jurisdiction; for amounts beyond those limits, Consumer Courts have jurisdiction. The BUYER may apply to arbitration boards or consumer courts either in their place of residence or the SELLER’s seat, as allowed by law.

The BUYER declares that he/she has read all the terms and disclosures in this Agreement and its integral pre-information pages, understands all matters including main features of the Products, sales price, payment, delivery, withdrawal, personal data, electronic communication, reward points, and that the BUYER gives express confirmation/acceptance by order.