PRELIMINARY INFORMATION FORM
1. PARTIES
1.1. SELLER
Title: THY Hava Kargo Taşımacılığı Anonim Şirketi
Address: TAYAKADIN MAH. NURİ DEMİRAĞ CAD. NO: 64 ARNAVUTKÖY/ İSTANBUL
MERSIS/Tax Identification Number: 8430729041
Telephone: 90 212 463 63 63
E-mail: [email protected]
Complaint Application Channels: https://feedback.turkishairlines.com/tr
1.2. INTERMEDIARY SERVICE PROVIDER
Title: Türk Hava Yolları Anonim Ortaklığı
Address: Türk Hava Yolları A.O. Genel Yönetim Binası, Yeşilköy Mahallesi, Havaalanı Caddesi, No.3/1, 34149, Bakırköy/İstanbul
MERSIS/Tax Identification Number: 0876004746400017
Telephone: +90 212 4636363
E-mail: [email protected]
Complaint Application Channels: [email protected]
1.3. BUYER
Name and Surname: [Information entered at the time of the order]
Invoice Address: [Information entered at the time of the order]
Delivery Address: [Information entered at the time of the order]
Telephone: [Information entered at the time of the order]
E-mail: [Information entered at the time of the order]
Membership Status: [Member / Order placed without membership (guest shopping)]
2. SUBJECT MATTER
2.1. The subject matter of this Preliminary Information Form (the “Form”) is to inform the BUYER, prior to the conclusion of the contract, in relation to the Distance Sales Agreement to be concluded by the BUYER with the SELLER through the website at store.turkishairlines.com (the “Electronic Commerce Environment”), pursuant to Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun) and the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği).
2.2. This Form is an integral part of the Distance Sales Agreement.
3. INFORMATION ON THE PRODUCT SUBJECT TO THE AGREEMENT
Name of Product(s): [Completed at the time of the order]
Brand/Model: [Completed at the time of the order]
Quantity: [Completed at the time of the order]
Unit Price: [Completed at the time of the order]
Subtotal: [Completed at the time of the order]
Total Amount Including VAT: [Completed at the time of the order]
Shipping Fee: [Completed at the time of the order]
Total Amount Including All Taxes: [Completed at the time of the order]
Method of Payment: [Credit Card / Debit Card / Miles / TK Pay / Gift Voucher / etc.]
Delivery Address: [Completed at the time of the order]
Invoice Address: [Completed at the time of the order]
Discount codes (if any): [Completed at the time of the order]
Gift voucher (if any): [Completed at the time of the order]
Amount Paid with Miles / Number of Miles Used (if any): [Completed at the time of the order]
Amount Paid with Other Payment Instruments: [Completed at the time of the order]
Logistics Process Manager (Intermediary Logistics Company): BOVO TEKNOLOJİ VE TAŞIMA ORGANİZASYONU HİZMETLERİ A.Ş.
Carrier Envisaged for Delivery: [Completed at the time of the order]
Carrier Envisaged for Return: [Completed at the time of the order]
4. DELIVERY, PAYMENT AND PERFORMANCE INFORMATION
4.1. The SELLER shall deliver the product subject to the agreement, within thirty (30) days at the latest following receipt of the BUYER's order by the SELLER, to the Delivery Address specified in Section 3 of this Form, through the carrier designated by the Intermediary Logistics Company conducting the SELLER's logistics processes and indicated in this Form under the heading “Carrier Envisaged for Delivery”.
4.2. Delivery is made as soon as possible after stock availability is confirmed and the price of the goods has been credited to the Seller's account. Delays may occur due to force majeure events such as natural disasters, adverse weather conditions, etc.
4.3. Unless otherwise stated, the delivery costs (shipping fee, etc.) shall be borne by the BUYER. The shipping price is added to the total order amount. The shipping fee and any other delivery costs are shown separately in the order summary and are presented to the BUYER before payment is taken.
4.4. Depending on the outcome of the campaigns conducted at the time of sale and/or the terms of which are announced on the website, the SELLER may choose not to pass on all or part of that shipping fee to the BUYER.
4.5. Where the BUYER is not present at the address at the time of delivery, delivery may be made, within the framework of the shipping company's delivery procedures, to the person(s) designated by the BUYER or to persons able to take delivery at the address. The SELLER is not liable for any failure to effect delivery arising from the BUYER notifying an incorrect/incomplete delivery address, failing to provide the information necessary for delivery or failing to cooperate at the delivery stage.
4.6. The BUYER may pay the order amount by credit card, debit card or the other payment methods offered at the payment stage on the website (Miles / TK Pay / Gift Voucher, etc.).
4.7. The payment instruments accepted in respect of the order are clearly shown on the payment screen before the confirmation of each order.
4.8. Request and Complaint Resolution Process: The BUYER may submit its requests, suggestions and complaints relating to the order, product, delivery, return and withdrawal processes to the SELLER's communication channels indicated in this Form and in the Agreement; and its requests and complaints relating to the use of the Electronic Commerce Environment to the communication channels of the INTERMEDIARY SERVICE PROVIDER.
4.9. Applications shall be concluded within thirty (30) days at the latest from the date of registration and a response shall be given to the BUYER in writing or on a durable medium. Where a shorter period is prescribed in the legislation, that period shall apply.
5. RIGHT OF WITHDRAWAL
5.1. Without prejudice to the exceptions set out in Article 6, the BUYER has the right to withdraw within fourteen (14) days from the date of delivery of the product(s), without giving any reason and without paying any penalty.
5.2. For the purposes of the commencement of the withdrawal period, the basis shall be the day on which:
- in the case of goods forming the subject of a single order but delivered separately, the last product;
- in the case of goods consisting of more than one part, the last part;
- in contracts providing for the regular delivery of goods over a certain period, the first product,
is received. Delivery of the goods by the SELLER to the carrier is not deemed to be delivery to the BUYER.
5.3. The BUYER may exercise its right of withdrawal, within the withdrawal period, by completing the withdrawal form available in the Electronic Commerce Environment or by an express statement notifying its decision to withdraw, addressed to the SELLER;
- by e-mail to [[email protected]]
or through other durable media. The Model Withdrawal Form is set out in Annex-1 to this Form and may also be completed and submitted through the Electronic Commerce Environment. The burden of proving that the right of withdrawal was exercised within the period rests with the BUYER.
5.4. Following receipt of the withdrawal notification, the SELLER shall send the BUYER confirmation that the notification has reached it.
5.5. The BUYER is obliged to return the product(s) to the SELLER within 14 (fourteen) days from the date on which it sent the notification of exercise of the right of withdrawal. The SELLER shall refund to the BUYER, within fourteen (14) days from the date on which the product(s) subject to withdrawal are delivered for return to the carrier indicated in Section 3 of this Form under the heading “Carrier Envisaged for Return”, all payments collected, including the costs of delivery of the product(s) to the BUYER, if any.
5.6. Return operations are carried out through the carrier indicated in Section 3 of this Form under the heading “Carrier Envisaged for Return” and using the return shipping code generated by the SELLER, without any cost being imposed on the BUYER. Shipments sent freight-collect without using the return shipping code shall not be accepted by the SELLER and shall be returned to the BUYER.
5.7. During the withdrawal period, the BUYER may use the product(s) only for the purpose of an ordinary examination in accordance with their operation, technical specifications and instructions for use. Where this limit is exceeded, the BUYER shall be liable for any diminution in the value of the product.
5.8. Where the BUYER exercises its right of withdrawal before delivery of the product, the SELLER shall refund to the BUYER, within fourteen (14) days from the date on which the withdrawal notification reaches it, all payments collected, including the costs of delivery of the product to the BUYER, if any, in a manner consistent with the method of payment.
5.9. The exceptions to the right of withdrawal are set out separately below.
6. CASES IN WHICH THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED
The BUYER may not exercise the right of withdrawal in the contracts specified in the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği) and other legislation and set out in detail below.
a) Contracts relating to products the price of which is not under the control of the SELLER or of the INTERMEDIARY SERVICE PROVIDER and which varies according to fluctuations in the financial markets.
b) Contracts relating to products prepared in line with the consumer's requests or personal needs.
c) Contracts relating to the delivery of products which are liable to deteriorate quickly or which may expire.
d) Contracts relating to the delivery of products the protective elements of which, such as packaging, tape, seal or parcel, have been opened after delivery and the return of which is not suitable from the point of view of health and hygiene.
e) Contracts relating to products which, after delivery, become mixed with other products and which by their nature cannot be separated.
f) Contracts relating to books, digital content and computer consumables supplied in tangible form, where the protective elements such as packaging, tape, seal or parcel have been opened after delivery of the product(s).
g) Contracts relating to the delivery of periodicals such as newspapers and magazines, other than those supplied under a subscription contract.
h) Contracts relating to accommodation, transport of goods, car rental, the supply of food and beverages and the use of leisure time for entertainment or recreation purposes, which must be performed on a specific date or during a specific period.
i) Contracts relating to services performed instantaneously in the electronic environment or to intangible goods delivered instantaneously to the consumer.
j) Contracts relating to services the performance of which has commenced, with the consumer's approval, before the expiry of the withdrawal period.
k) Contracts concluded by auction in the form of a live auction.
Legal entities and/or persons acting for commercial or professional purposes may not benefit from the right of withdrawal or from any right arising from the right of withdrawal.
7. EXCEPTION
7.1. The provisions set out in this preliminary information form which arise from Law No. 6502 on Consumer Protection and afford legal protection to consumers shall be valid and take effect only where the buyer is a Consumer; where the buyer does not fall within the definition of Consumer set out in Law No. 6502, the relevant provisions shall not take effect between the parties.
8. PERSONAL DATA AND CONFIDENTIALITY
8.1. Detailed information on the processing of your personal data is set out in the Turkish Airlines Official Store Data Protection Notice. You may access the Data Protection Notice here.
8.2. Türk Hava Yolları A.O. attaches importance to the protection of confidentiality. All reasonable measures are taken to keep confidential the information you transmit to us by using the Website and to protect such information from unauthorised access. Notwithstanding the measures taken, it is not guaranteed that unauthorised access to such information will never occur. Save in the presence of our gross fault, Turkish Airlines shall not be liable for unauthorised access.
8.3. The User is responsible for ensuring that the contact details and other information it shares with Türk Hava Yolları A.O. are accurate, up to date and accessible. Türk Hava Yolları A.O. cannot be held liable for incorrect dispatch, failure of a notification to arrive or similar consequences that may occur due to the information provided by the User being erroneous, incomplete, out of date or belonging to third parties. Furthermore, the User is obliged to maintain the confidentiality of the username, password and other login credentials relating to its Website or application accounts, if any. Türk Hava Yolları A.O. is not liable for any damage that may arise as a result of such credentials not being protected by the User or being shared with third parties.
9. RESOLUTION OF DISPUTES
9.1. Turkish law shall apply to disputes arising from this Form and from the Distance Sales Agreement attached to it.
9.2. Being valid within the borders of the Republic of Türkiye, for disputes up to the value announced each year by the Ministry of Trade, the Provincial or District Consumer Arbitration Committees at the place where the CONSUMER transaction was carried out or where the CONSUMER's domicile is located shall have jurisdiction; and for disputes exceeding that value, the Consumer Courts at the place where the CONSUMER transaction was carried out or where the CONSUMER's domicile is located shall have jurisdiction, provided that recourse is had to a mediator before an action is brought, pursuant to Article 73/A of the Law.
9.3. Pursuant to Article 48(2) of Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun) and Articles 5, 6 and 7 of the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği), the BUYER acknowledges, undertakes and declares that it has read and become informed of the preliminary information on the essential characteristics, sale price, method of payment, delivery conditions and right of withdrawal in respect of the product subject to the agreement on the SELLER's website, that it is aware that it will assume a payment obligation if the order is confirmed, and that it has given the necessary confirmation in the electronic environment in these respects.
9.4. The explanations and information set out in this Preliminary Information Form become valid at the moment they are approved by the BUYER in the electronic environment and apply bindingly as an integral part of the Distance Sales Agreement concluded between the parties.
10. ANNEXES
Annex-1: Model Withdrawal Form. This annex is an integral part of the Form.