Article 1- Parties
1.1. SELLER
Name Jawusha (Hereinafter referred to as the Seller).
Tax Office: Sarıgazi Tax Office
Tax Number: *********54
E-mail : hello@jawusha.com
1.2. BUYER
Name – Surname/ID No :
Address :
Phone :
E-mail :
Article 2- Subject
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER ordered electronically from the SELLER’s website at https://www.jawusha.com.
By signing this contract, the buyer accepts and declares under the provisions of this contract that they have been informed by the seller in a clear, understandable, and internet-appropriate manner regarding the seller’s name, title, full address, phone, e-mail, and other contact information, the basic characteristics of the goods subject to sale, the sales price including taxes, the payment method, delivery conditions and delivery costs, all preliminary information and warnings about the goods, usage instructions, the right of “withdrawal” and how to exercise this right, and the official authorities where they can submit their complaints and objections; that they confirmed this preliminary information in an electronic environment, and subsequently ordered the goods.
The preliminary information, usage instructions, and warnings on the https://www.jawusha.com website, along with the invoice issued upon the order placed by the buyer, are integral parts of this contract.
Article 3- Subject of the Contract
The Product/Payment/Delivery information, type and nature, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee of the product(s) purchased electronically are as stated below. The person to whom the product is invoiced and the person making the contract as the buyer must be the same. The information provided below must be accurate and complete. The buyer agrees to fully cover any damages arising from situations where this information is incorrect or incomplete, and also accepts any liability that may arise from such situations.
The SELLER reserves the right to suspend the order when deemed necessary if the information provided by the BUYER does not match reality. In cases where the SELLER detects an issue with the order and cannot reach the BUYER via the phone, e-mail, or postal addresses provided, the SELLER will freeze the processing of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this time. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent harm to both parties.
Payment Method and Plan: Payment is made by credit card via an online virtual POS application. The Iyzico infrastructure is used for the online virtual POS on https://www.jawusha.com. For information about Iyzico, visit www.iyzico.com.
Article 4- Contract Date and Force Majeure
The contract date is the date the order is placed by the buyer. Situations that do not exist or are unforeseen at the time the contract is signed, develop beyond the control of the parties, and make it impossible for one or both parties to fulfill their obligations and responsibilities under the contract partially or completely, or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, uprising, changing legislative provisions, seizure or strike, lockout, significant malfunctions in production and communication facilities, etc.). The party experiencing force majeure will immediately notify the other party in writing. During the continuation of the force majeure, the parties will have no liability for failing to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to unilaterally terminate the contract.
Article 5- Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fully fulfill the obligations imposed on them in the contract, except in cases of force majeure, in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop from https://www.jawusha.com. The seller will assume the age stated by the buyer in the contract is correct. However, the seller cannot be held liable in any way if the buyer provides an incorrect age.
5.3. https://www.jawusha.com is not responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for promotional or pricing errors that may arise due to the system, design, or illegal interventions on the website. The buyer cannot claim rights from the seller based on system errors.
5.4. Purchases can be made from https://www.jawusha.com via credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which the transfer is not made within one week from the order date will be canceled. The processing time of the orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account or the transfer (or EFT) reaches the seller’s bank accounts. Payment methods carried out without consulting customer service, such as cash on delivery or postal checks, are not accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully fulfill the obligations imposed on them in the contract, except for force majeure.
6.2. By placing an order, the Buyer is deemed to have accepted the provisions of this contract and accepts and undertakes to make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer accepts and declares that they have been informed by the seller in a clear, understandable, and internet-appropriate manner regarding the seller’s name, title, full address, phone, e-mail, and other contact information, the basic characteristics of the goods subject to sale, the sales price including taxes, the payment method, delivery conditions and costs, all preliminary information and warnings about the goods, usage instructions, the right of “withdrawal” and how to exercise this right, and official authorities where they can submit complaints and objections via the https://www.jawusha.com website, and that they confirmed this preliminary information electronically.
6.4. In relation to the previous article, the Buyer declares that they have read and are informed about the product order and payment conditions, product usage instructions, precautions taken against possible situations, and warnings at ……………………………..(link), and have provided the necessary confirmation electronically.
6.5. If the Buyer wishes to return the purchased product, they accept and undertake not to damage the product and its packaging under any circumstances, and to return the original invoice and delivery note at the time of return.
Article 7- Order/Payment Procedure
Order: After the TL amount including VAT of the products added to the shopping cart (total installment amounts in installment transactions) is approved by the buyer, it is processed via the POS of the relevant bank card. The processing time of orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account. Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justifiable reason and/or a stock problem is encountered, the buyer will be informed immediately in a clear and understandable manner. Upon their approval, another product of equal quality and price may be sent to the buyer, or according to the buyer’s desire and choice; a new different product may be sent, the product may be expected to enter stock or other obstacles preventing delivery may be removed, and/or the order may be canceled. In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the buyer will be informed of this situation, the total amount paid, and any documents putting them under debt will be returned within ten days at the latest, and the contract will be canceled. In such an event, the buyer will not have any additional claims for material or moral damages from the seller.
Payment: If the relevant bank or financial institution fails to pay the product price to the Seller due to the unauthorized or unlawful use of the Buyer’s credit card by unauthorized persons, which is not due to the Buyer’s fault after the delivery of the product, the Buyer is obliged to send the delivered product to the Seller within 10 days. In such cases, the shipping costs belong to the Buyer. If the Buyer prefers to pay by credit card, the BUYER accepts, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information with their bank, and that the provisions regarding interest and default interest will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER pursuant to current legislation.
Article 8- Shipment/Delivery Procedure
Shipment: Following the completion of the payment processes and the sending of the order confirmation e-mail, the product(s) will be handed over to the cargo company contracted by the seller on a day determined by the seller every month. The days determined by the seller for shipping are announced to the buyers on the seller’s website https://www.jawusha.com. By signing this agreement, the buyers accept, declare, and undertake the implementation of the delivery procedure.
Delivery: The product(s) will be delivered to the buyer’s address by the cargo company contracted by the seller. The delivery time is …….. business days after the product is handed over to the cargo. Provided that the buyer is notified in advance in writing or via a continuous data carrier, this period may be extended by a maximum of ……. days. Products are sent with a telephone notification to regions where cargo companies do not deliver to specific addresses. In regions where the Cargo Company delivers once a week, there may be delays in the specified time frame due to inaccuracies or missing shipping information, or in situations such as certain social events and natural disasters. The buyer cannot impose any liability on the seller due to these delays. If the product is to be delivered to a person or organization other than the Buyer, the Seller is not responsible for extra cargo costs arising from the designated person or organization refusing the delivery, incorrect shipping information, and/or the buyer not being at the address.
If the product(s) do not reach the customer within the specified days, delivery problems must be immediately reported to customer service at hello@www.jawusha.com. In the event of a damaged package; damaged packages should not be accepted, and a report must be filed with the Cargo Company official. If the Cargo Company official believes the package is not damaged, the buyer has the right to open the package on the spot, check that the products were delivered undamaged, and request the situation be documented with a report. Once the package is accepted by the Buyer, the Cargo Company is deemed to have fully fulfilled its duty. If the package is not accepted and a report is filed, the situation should be reported as soon as possible to the seller’s Customer Service at hello@www.jawusha.com, along with the buyer’s copy of the report.
Article 9- Procedure for Product Return and Right of Withdrawal
Product Return: The buyer has the right to withdraw from the contract without giving any reason and without paying any penalty within fourteen days after receiving the goods. In accordance with general communique no. 385 of the tax procedure law, for return procedures to be processed, the buyer must send one copy of the invoice delivered with the product back to the seller along with the product. The right of withdrawal period begins on the day the goods are delivered to the buyer by cargo. The return shipping cost of the returned product(s) is covered by the buyer. The right of withdrawal does not apply to goods prepared in line with the buyer’s wishes and/or explicitly for their personal needs. If the buyer exercises their right of withdrawal, the seller will refund the total amount received and return any document putting the consumer under debt without any cost to the consumer within twenty days at the latest from the receipt of the invoice containing the withdrawal notification along with the product. A decrease in the value of the delivered goods or the existence of a reason making the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or impossibility of return is due to the consumer’s fault, they must compensate the seller for the value of the goods or the decrease in value. The general return period for products purchased by mistake is also 7 days. Within this period, the return of products whose packaging has been opened, used, damaged, etc., is not accepted. Returns must be made in the original packaging. Products purchased by mistake that show signs of opening, deterioration, breakage, destruction, tearing, usage, and similar situations in their packaging, and if the product cannot be returned in the exact condition it was delivered, the product will not be accepted for return, and the price will not be refunded. For a product return, the situation should primarily be communicated to customer service via hello@www.jawusha.com. The information on sending the product as a return is communicated to the customer by the seller. Following this, the buyer must send the product along with the invoice containing the return information to the seller via the Cargo company that made the delivery to their address.
If the returned product reaching the seller meets the conditions specified in this contract, it is accepted as a return, and the refund is credited to the buyer’s credit card or account. Refunds are not issued before the product is returned. The time it takes for refunds to reflect on credit card accounts is at the discretion of the relevant bank. If the purchase was made with a credit card and in installments, the refund procedure will be as follows: Regardless of the number of installments the buyer selected for the purchase, the Bank makes the refund to the buyer in installments. After the Seller pays the Bank the entire product price at once, the requested refund amounts for installment purchases made from Bank POS systems are transferred to the cardholder’s accounts in installments by the Bank to prevent any parties from being victimized. Regarding installment amounts paid by the buyer until the sale’s cancellation, if the return date and the card’s statement cut-off dates do not align, 1 (one) refund will reflect on the card each month. After the sale’s installments end, the buyer will receive the installments paid prior to the return for as many months as they paid them, which will be deducted from their current debts. For memberships sold for a specific period (3, 6, and 12 months), if a customer wishes to terminate their membership before the predetermined period expires, the remaining fee will be calculated and refunded by subtracting the used period from the total period, deducting the subscription advantage price difference and, if any, the subscription discount difference. In the case of returning goods and services purchased with a card, the seller cannot make a cash payment to the buyer as per their contract with the Bank.
In the event of a return transaction, the merchant (seller) will issue the refund via the relevant payment software. Since the merchant (seller) is obligated to pay the relevant amount to the Bank in cash or on account, cash payments cannot be made to the buyer in accordance with the detailed procedure above. The credit card refund will be processed by the Bank according to the procedure above after the buyer pays the price to the Bank in a single payment.
Article 10- Privacy
The information specified in this contract by the buyer, as well as the information provided to the seller to make a payment, will not be shared by the seller with third parties outside the sales platform. The seller may only disclose this information within the framework of an administrative/legal obligation. In any judicial investigation with documented research capacity, if the seller holds the requested information, they may provide it to the relevant authority. Credit Card information is strictly not stored; it is only securely transmitted to the relevant banks during the collection process to obtain authorization and is deleted from the system after authorization. Information such as the buyer’s e-mail address, postal address, and phone number is strictly used by the seller for standard product delivery and notification procedures. Occasionally, campaign information, new product information, and promotional information may be sent to the buyer following their approval.
Article 11- Authorized Courts and Execution Offices in Case of Dispute
In case of disputes arising from the implementation of this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade every year in December, and the Consumer Courts in the buyer’s or seller’s place of residence are authorized. If the order is fulfilled, the Buyer is deemed to have accepted all terms of this contract.