Legal
Distance Sales Contract
This is an English translation provided for information. The binding version of this document is the Turkish original.
Article 1 — Parties
1.1 Seller
| Trade name | KobiZeka™ Teknoloji Yazılım Eticaret ve Danışmanlık Hizmetleri |
|---|---|
| Brand / website | YupCase · yupcase.com |
| Head office address | Kırmızıtoprak Mahallesi, Porsuk Bulvarı, Nilay Sokak, Emin Apartmanı No: 11/B, Odunpazarı, 26020 Eskişehir |
| Production and returns address | Beylikdüzü OSB, 13. Cd. Laleli İş Merkezi D:22 Kat:1, 34520 Beylikdüzü/İstanbul |
| Tax office / tax no. | Eskişehir V.D. / 9490302446 |
| Telephone | +90 531 626 96 30 |
| destek@yupcase.com |
1.2 Buyer
| Full name | to be completed when the order is placed |
|---|---|
| Delivery address | to be completed when the order is placed |
| Telephone | to be completed when the order is placed |
| to be completed when the order is placed | |
| Invoice | Issued electronically (e-Archive invoice) in the same name and to the same address as the delivery details. |
Article 2 — Subject
The subject of this contract is the determination, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, of the rights and obligations of the parties in respect of the sale and delivery of the product whose characteristics and sale price are set out below and which the buyer has ordered electronically via the seller's website yupcase.com.
Article 3 — Product subject to the contract
The product name, phone model, any personalised text, quantity, unit price and total amount including taxes are entered in this section at the payment step, based on the products in the cart.
The product is a phone case manufactured according to the phone model and design selected by the buyer. Prices include VAT. Payment is taken via the iyzico infrastructure from a credit card or debit card as a single payment, with 3D Secure verification.
Article 4 — Delivery
4.1 The product is sent to the delivery address provided by the buyer through a contracted courier company. The delivery period may not exceed 30 days from the date on which the order reaches the seller. After payment is confirmed, the order is usually handed over to the courier within 3 working days.
4.2 The product is delivered to the buyer or to the person present at the delivery address. Where the product cannot be delivered for reasons attributable to the buyer, such as nobody being present at the delivery address or the address having been provided incorrectly or incompletely, the cost of re-sending the product shall be borne by the buyer.
4.3 On receipt, the buyer should check the package and should accept a damaged package by having the courier staff draw up a report.
4.4 If it becomes apparent that the product cannot be delivered due to stock, production or any other reason, the seller shall notify the buyer of this within 3 days from the date on which it becomes aware of the situation and shall refund all payments collected within 14 days at the latest from the date of notification.
Article 5 — Right of withdrawal
5.1 The buyer has the right to withdraw from the contract within 14 days from the day on which the product is received, without giving any reason and without paying any penalty.
5.2 Notice of withdrawal shall be given within this period by email to destek@yupcase.com, in writing to the WhatsApp line +90 531 626 96 30, or in writing to the seller's address.
5.3 The buyer shall send the product, within 10 days from the notice of withdrawal, via the contracted courier notified by the seller, to Beylikdüzü OSB, 13. Cd. Laleli İş Merkezi D:22 Kat:1, 34520 Beylikdüzü/İstanbul. In this case the return shipping cost is borne by the seller.
5.4 The seller shall refund the price of the product and any delivery fee to the card used for payment within 14 days at the latest from the date on which the notice of withdrawal reaches the seller. The time it takes for the refund to appear in the account depends on the bank.
5.5 The buyer is liable for any loss in value arising from use of the product other than its ordinary use during the withdrawal period.
Article 6 — Cases in which the right of withdrawal cannot be exercised
Pursuant to Article 15/1-ç of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for products prepared in line with the buyer's requests or personal needs. Cases on which a name, number or text specified by the buyer is printed, and cases prepared by the buyer with their own photograph and/or text (“Design your own”), fall within this scope. For these products too, the provisions of Article 7 apply in the event of a defect.
Article 7 — Defective product
The seller is obliged to deliver the product in the quality ordered, intact and complete. If the product proves to be defective, the buyer may exercise one of the following rights under Article 11 of Law No. 6502: refund of the price, a reduction in price in proportion to the defect, free repair, or replacement with a defect-free equivalent. The shipping and return costs of a defective product are borne by the seller. Minor colour differences resulting from screen settings are not deemed to be defects.
Article 8 — Personal data
The buyer's personal data are processed for the purposes of receiving the order, taking payment, producing and delivering the product and fulfilling legal obligations, as described in the KVKK Privacy Notice.
Article 9 — Disputes
For disputes arising from this contract, the Consumer Arbitration Committees at the place of residence of the buyer or the seller have jurisdiction within the monetary limits announced each year by the Ministry of Trade, and the Consumer Courts have jurisdiction over disputes exceeding these limits.
Article 10 — Entry into force
The buyer acknowledges that they have read and electronically approved the pre-information form and this contract and that they have placed the order under these terms. The contract enters into force upon completion of the order; a copy is sent to the buyer with the order confirmation email and is kept accessible on the order tracking page.