PARTIES
Seller: Hopfrög Mağazacılık ve Bilişim Hizmetleri Sanayi Ve Ticaret Anonim Şirketi
Address: Cihangir Mah. Şehit Zafer Sk. No:5, 34310 Avcılar/İstanbul
Phone: 0850 840 05 52
Email: [email protected]
Tax Office: Marmara Kurumlar Vergi Dairesi
Tax Number: 4631175321
Shipping company to which the buyer will return the product in case of return: Yurtiçi Kargo
2.SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Distance Sales Agreement (hereinafter referred to as the "Agreement" ) has been prepared in accordance with the Law No. 6502 on Consumer Protection (hereinafter referred to as the "Law" ) and the Distance Contracts Regulation published in the Official Gazette No. 31932 dated August 23, 2022 (hereinafter referred to as the ‘’Regulation’’). The parties to this Agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law and the Regulation under this Agreement.
2.2. he subject of this Agreement is the determination of the rights and obligations of the parties regarding the sale and delivery of the goods or services (hereinafter referred to as the "Products") ordered electronically by the Buyer via the website www.hopfrogkids.com.tr (hereinafter referred to as the "Website" ) and having the qualifications specified in the Agreement in accordance with the provisions of the Law and the Regulation.
3.SUBJECT OF THE AGREEMENT PRODUCT AND PRICE
3.1.Advertised prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.
3.2.After the Buyer approves this Agreement via the Website, the price and expenses of the Product(s) ordered will be collected by the chosen payment method.
3.3.The price, payment, and delivery information for the Products are as follows. Any additional charges such as taxes, duties, etc., not previously calculated for the Products will be paid by the Buyer.
4.DELIVERY EXPENSES AND PERFORMANCE
4.1.Delivery shall be made as soon as possible after the availability of the stock and the payment of the price is credited to the Seller's account.
4.2.The Seller shall deliver the goods or services subject to the Agreement to the Buyer in a sound, complete, and in accordance with the specified qualities in the order, along with any user manuals, if any.
4.3.The product shall be delivered to the address specified by the Buyer in the order form and in this Agreement, and to the authorized person(s) indicated. In case there is no one to receive the delivery at the address, it is the responsibility of the Buyer to contact the shipping company to track the shipment. The Seller shall not be held responsible for any failure to deliver the product to another person/organization specified by the Buyer, or for any refusal to accept the delivery. In such cases, any damage arising from the Buyer's delayed receipt of the Product, as well as any expenses incurred due to the product waiting at the shipping company and/or the return of the package to the Seller, shall be borne by the Buyer.
4.4.If the shipping company delivering the Product does not have a branch where the Buyer is located, the Buyer must pick up the Product from another nearby branch notified by the Seller. If there is no branch of the agreed-upon shipping company for returns in the consumer's location, the Seller will arrange for the return of the Product to be made by the Buyer without any additional expense. The Buyer will be informed of this via email, SMS, or telephone.
4.5.Unless otherwise stated, delivery expenses for the Product are borne by the Buyer. If the Seller has declared on the Website that the delivery fee for the relevant order will be covered by the Seller, the delivery expenses will be borne by the Seller.
4.6.Delivery of the goods will be made within the promised period after the availability of the Seller's stock and after the payment has been made. The Seller will deliver the Product within 30 (thirty) days from the date of the order, except for contracts for goods or services prepared according to the consumer's request or personal needs, provided that the fulfillment of the obligation becomes impossible.
4.7.If the delivery of the Product cannot be made within the 30 (thirty) day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, etc.), the Seller will inform the Buyer about the delivery. In this case, the Buyer can cancel the order, order a similar product, or wait until the end of the extraordinary circumstances.
4.8.If, for any reason, the purchase price of the goods or services is not paid by the Buyer or the payment made is cancelled in the bank records, the Seller will be deemed released from the obligation to deliver the goods or services.
4.9.If the performance of the obligation to deliver the goods or services becomes impossible, the Seller will inform the Buyer within 3 (three) days from the date of learning about this situation and will refund all payments received, including any delivery expenses, within 14 (fourteen) days from the date of notification.
4.10.The Buyer is obliged to inspect the Product upon receipt and, in case of any problem arising from the shipment, to refuse acceptance of the Product and prepare a report with the shipping company representative. Otherwise, the Seller will not accept any responsibility.
4.11.Unless otherwise stipulated by the Seller in writing, the Buyer must have fully paid the price of the Product before taking delivery of the Product. In the case of cash sales, if the full purchase price has not been paid to the Seller before delivery, or in the case of installment sales, if the due installment amount has not been paid, the Seller may unilaterally cancel the Agreement and refrain from delivering the Product.
4.12.If, for any reason, the payment made by the Buyer is cancelled in the bank records, the Seller will be released from the obligation to deliver the Product. In case the buyer's credit card, which belongs to the buyer, is used by unauthorized persons unlawfully or illegally without the fault of the buyer, and the relevant bank or financial institution does not pay the price of the goods or services to the Seller for this reason, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days upon being delivered. In this case, the delivery expenses shall be borne by the Buyer.
4.13.The prices listed and announced on the website are the sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period. However, in case of discrepancies caused by errors or delays in updating due to late notification from the supplier, the current price notified by the Seller to the customer will be considered valid. In case of errors, if an excess payment has been made from the price of the goods/services, the difference will be refunded. If the actual price of the goods/services differs from the advertised price, the Buyer will be informed of the actual price. Sales will be made at the actual price upon the customer's request, or the sale will be canceled.
5.BUYER'S DECLARATIONS AND COMMITMENTS
5.1.The Buyer declares that they have read and understood the basic qualities of the Products subject to the Agreement, the sales price, payment method, delivery, and shipping fee, as well as the Preliminary Information Form provided by the Seller on the Website, and confirms it electronically.
5.2.The Buyer, as a consumer, can submit their requests and complaints using the Seller's contact information provided above and/or via the email address [email protected].
5.3.By confirming this Agreement and the Preliminary Information Form electronically, the Buyer acknowledges that they have obtained the correct and complete information regarding the address to be provided by the Seller to the Buyer before the conclusion of distance contracts, the basic characteristics of the goods or services ordered, the price of the goods or services including taxes, payment and delivery terms, and the delivery price.
5.4.If the Buyer is a legal entity, they will not be entitled to the rights under the Law, including the right of withdrawal, for the Products purchased for commercial or professional purposes. Furthermore, in cases where the Buyer is a legal entity, in accordance with tax legislation, in addition to cases where a return invoice must be issued by the Buyer as required by law, the relevant section on the invoice to be returned together with the Product will be completed and signed. Returns of orders issued on behalf of legal entities without a return invoice will not be accepted.
5.5.This Agreement and the Preliminary Information Form will be sent to the Buyer via email after the Agreement has been confirmed by the Buyer on the Website. The Buyer understands and accepts that these texts can be accessed here in any way. These texts will be kept by the Seller for a minimum of 10 (ten) years.
5.6.In the event of default by the Buyer in transactions made with a credit card, the Buyer will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may resort to legal remedies; it may demand the costs and attorney's fees incurred and, in any case, the Buyer will be responsible for the damages incurred by the Seller due to the Buyer's default.
6.RIGHT OF WITHDRAWAL
6.1. The Buyer has the right to withdraw from this Agreement without stating any reason and without any penalty within 14 (fourteen) days from the date of delivery of the Product. The Buyer may also exercise the right of withdrawal within the period until the delivery of the goods.
6.2.When returning the product(s) within the scope of the right of withdrawal, the Buyer marks the reason for the return as "returning the products due to the right of withdrawal" on the e-invoice copy and signs it with a wet signature before sending the products to the return address provided by the Seller.
6.3.The Buyer may exercise the right of withdrawal by, (i) becoming a member on the Website, finding their order under, Membership > My Account > My Orders section selecting the product/products they want to return and the reason for return, signing the e-invoice receipt that came with the order, and sending it to the return address, (ii) contacting customer service via the phone number 0850 840 05 52 and following the instructions provided, or (iii) following the steps on our Returns & Exchanges Conditions and Frequently Asked Questions pages. Depending on the preferred method, the Buyer must return the goods within 14 (fourteen) days from the date of exercising the right of withdrawal. The invoice, the box, the packaging of the goods, any standard accessories, and any other products gifted along with the product must be returned complete and undamaged. If the Product is used in accordance with its instructions, technical specifications, and operation during the withdrawal period, the Buyer is not responsible for any changes or deterioration. Therefore, if there is any change or deterioration due to the non-compliance with the usage instructions, technical specifications, and operation of the Product until the withdrawal date, the BUYER may lose the right of withdrawal, and a deduction may be made from the return amount for the change/deterioration at the discretion of the Seller.
6.4.If the Buyer sends the Product to be returned to the Seller with the shipping company specified in the Preliminary Information Form, the return cost will be paid by the Seller. If the Buyer sends the Product to be returned with a shipping company other than the shipping company specified in the Preliminary Information Form, the return cost and any damage to the Product during the shipping process will be borne by the Buyer.
6.5.If the Buyer exercises the right of withdrawal, (i) from the date it is delivered to the cargo, if the Product to be returned is sent by the cargo company specified in this Agreement with the Seller, (ii) from the date it reaches the Seller if the Product is sent with a different cargo company, and (iii) in case the right of withdrawal is exercised before the delivery of the goods, within 14 (fourteen) days from the date the notification of withdrawal is received by the Seller, all payments made by the Buyer regarding the relevant Product, including the delivery expenses if any, will be refunded to the Buyer's payment method used during the purchase, without imposing any expenses or obligations on the consumer and in a single installment. In transactions made with a credit card, since the reflection of the refund to the Buyer's accounts after the transaction of the return amount to the bank is entirely a process related to the bank, the Buyer accepts in advance that it is not possible for the Seller to intervene and take responsibility for any delays. It should be noted that in cancellation transactions, if the product has not been shipped, the full amount will be refunded using the method of the transaction, and if the product has been shipped, the refund will be made to the Buyer by offsetting the shipping fee.
7.CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
7.1.The Buyer does not have the right of withdrawal in the following cases under the relevant legislation:
Contracts related to goods or services whose prices are subject to fluctuations in financial markets and which are not under the control of the Seller (e.g., products in the categories of jewelry, gold, and silver).
Contracts related to the delivery of perishable or expired goods that are not suitable for return due to their nature or pose a risk of deterioration, or with a risk of their expiration date passing, prepared according to the Buyer's requests or explicitly for their personal needs.
Contracts related to the delivery of goods where protective elements such as packaging, tape, seal, package, etc., are opened after delivery.
Contracts related to the delivery of goods mixed with other products after delivery and cannot be separated by their nature.
Contracts related to the delivery of products provided in the physical environment with the condition of opening the protective elements such as packaging, tape, seal, package, provided that they are returned by the Buyer.
Contracts related to the delivery of periodicals such as newspapers and magazines, except those provided within the scope of subscription agreements.
Contracts related to the delivery of goods or services for the use of leisure time for accommodation, goods transportation, car rental, food and beverage supply, entertainment, or relaxation purposes, to be performed on a specific date or period.
Contracts related to services related to betting and lotteries.
Contracts related to services whose performance has begun with the consumer's consent before the expiry of the withdrawal period.
Contracts related to non-material goods delivered instantly electronically or delivered instantly to the consumer (such as coupons).
Contracts related to movable properties required to be registered according to the Road Traffic Law No. 2918 and unmanned aerial vehicles requiring registration or registration obligation.
Contracts related to mobile phones, smartwatches, tablets, and computers delivered to the consumer.
Contracts concluded by open auction in the form of a live auction.
Contracts related to goods where installation or assembly is indicated by the seller or authorized service in the instruction manual, and for those where installation or assembly is performed, beyond the scope of the Regulation on Distance Contracts, For goods or services excluded from the scope of the Regulation on Distance Contracts (such as foodstuffs, beverages, or other daily consumption items delivered by the Seller's regular deliveries to the Buyer's residence, or services in the travel, accommodation, restaurant, entertainment sector, etc.), the right of withdrawal cannot be exercised.
7.2. Additionally, legal entity Buyers do not have the right of withdrawal.
7.3.In cases where the right of withdrawal is exercised for all or part of the products subject to the order, the consequence of the exercise of the right of withdrawal, if the minimum purchase amount in the Seller's free shipping (delivery) campaign is reduced, the entire amount of the undelivered delivery-shipping fee collected within the scope of the campaign is deducted from the amount to be refunded to the Buyer. In cases where the Buyer has paid the delivery-shipping fee, the entire fee will be refunded to the Buyer.
8.REWARDS AND PROMOTIONS
8.1.In cases where a refund is required from the Buyer due to cancellation or termination of this Agreement, any reward points, gifts, or similar items that enable discounts or benefits in purchases on the Website shall be reclaimed from the Buyer. The amount (monetary value) of such reward points, gifts, or similar items shall first be deducted from the Buyer's existing reward points in the system. If there are no existing points, the deduction shall be made from the amount to be refunded by the Seller to the Buyer.
8.2.If the Buyer has made payment to the Seller partially or entirely using reward points or similar means in the purchase of the Product under this Agreement, in cases where the Buyer is entitled to a refund of the Product price under this Agreement, the reward points and similar items used by the Buyer when purchasing the Product from the Website may be refunded to the Buyer (again, in points).
8.3.In cases where any unjust gain or usage of reward points is detected by the Buyer in any way, the monetary value of such reward points may be collected from the Buyer by the Seller (via credit card, cash, or other legal methods). This provision also applies to the value of goods given as gifts by the Seller to the Buyer.
8.4.Requests for cash equivalents of reward points earned from or used with the Seller, gift vouchers, etc., will not be accepted under any circumstances.
8.5.The above provisions shall apply by analogy to any reward point acquisition and usage directly acquired by the Buyer from the Seller, if any.
8.6.In all cases where the Buyer benefits from discounts by shopping at a minimum amount in any Seller campaign, receives free (gift) products, or earns/uses gift vouchers, and in cases where the minimum amount requirement is not met due to the exercise of the right of withdrawal, the removal of the gift voucher requirement, or the general failure of the Buyer to fulfill the campaign conditions, the entire amount of the discount/discount (if any, the price of the gift product) shall be deducted from the amount to be refunded to the Buyer. If the Buyer has earned (virtual/physical) gift vouchers, points, etc., these shall be canceled, and if the Buyer has used (virtual or physical) gift vouchers, points, etc., the entire amount shall be deducted from the amount to be refunded to the Buyer. In cases where the amount to be refunded to the Buyer is insufficient, the relevant discount/discount/gift product price/gift voucher/point amount shall be collected from the payment instrument used by the Buyer during the purchase (including credit card, etc.).
8.7.These provisions apply in cases where the right of withdrawal is exercised except for cases of liability for defects.
9.DISPUTE RESOLUTION
9.1.In the event of any disputes arising from this Agreement, the Consumer Arbitration Committees of the relevant Province and District within the monetary limits determined and announced annually by the Ministry of Trade shall be competent. In cases exceeding these limits, the Consumer Courts shall have jurisdiction. The BUYER may, within this framework, apply to the Arbitration Committees or Consumer Courts located in their place of residence or, if desired, the Seller's place of residence.
9.2.All correspondence between the parties under this Agreement shall be conducted via electronic mail except for mandatory cases specified in the legislation. The BUYER acknowledges, declares, and undertakes that in case of any disputes arising from this Agreement, the official books and commercial records of the SELLER, as well as the electronic information and computer records maintained in its own database and servers, shall constitute binding, conclusive, and exclusive evidence. The BUYER accepts that this clause constitutes a evidentiary contract within the meaning of Article 193 of the Law on Civil Procedure No. 6100.
This Agreement consisting of nine (9) articles has been read and agreed upon by the parties and entered into force by being approved electronically by the BUYER on the date mentioned above.
Update Date: 01.04.2023