Terms & Conditions
Term of Use
SITE TERMS OF USE
Please read these ‘site terms of use’ carefully before using our site.
It is assumed that our customers who use and shop on this shopping site have accepted the following terms:
The web pages on our site and all pages linked to it are the property of and operated by Walush Ecommerce Company.com (Company) at walush.com. By using and continuing to use the service on the site, you (‘User’) are subject to the following conditions while using all the services offered on the site; You agree that you have the right, authority and legal capacity to sign a contract in accordance with the laws to which you are bound and that you are over the age of 18, that you have read and understood this contract and that you are bound by the terms written in the contract.
This contract imposes the rights and obligations of the parties on the site that is the subject of the contract, and when the parties accept this contract, they declare that they will fulfill the aforementioned rights and obligations completely, accurately, on time, and within the terms requested in this contract.
1. RESPONSIBILITIES
a. The company always reserves the right to make changes on the prices and the products and services offered.
b. The company accepts and undertakes that the member will benefit from the contracted services, excluding technical failures.
c. The user agrees in advance that he will not reverse engineer the use of the site or take any other action to find or obtain the source code of them, otherwise he will be liable for the damages that may arise before the third parties, and that legal and penal action will be taken against him.
d. The user accepts that he will not produce or share content that is against general morality and morality, unlawful, injures the rights of third parties, is misleading, offensive, obscene, pornographic, injures personal rights, violates copyrights, encourages illegal activities, in his activities, in any part of the site or in his communications. Otherwise, he is fully responsible for the damage and in this case, the ‘Site’ officials may suspend or terminate such accounts, and reserve the right to initiate legal proceedings. For this reason, it reserves the right to share information requests from judicial authorities regarding activity or user accounts.
e. The relations of the members of the site with each other or with third parties are under their own responsibility.
2. Intellectual Property Rights
2.1. All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method in this Site belong to the site operator and owner company or the specified person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any right to such intellectual property rights.
2.2. The information on the site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission.
3. Confidential Information
3.1. The company will not disclose personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information to identify the User such as person name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as “Confidential Information” for short.
3.2. The user can only use promotions, advertisements, campaigns, promotions, announcements, etc. It accepts and declares that it consents to the company that owns the Site to share its communication, portfolio status and demographic information with its subsidiaries or group companies to which it is affiliated, limited to its use within the scope of marketing activities. This personal information can be used to determine the customer profile within the company, to offer promotions and campaigns suitable for the customer profile, and to carry out statistical studies.
3.3. Confidential Information can only be disclosed to official authorities if this information is duly requested by official authorities and when disclosure to official authorities is obligatory in accordance with the provisions of the applicable mandatory legislation.
4. Non-Warranty: THIS AGREEMENT ARTICLE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL INFORMATION INCLUDED.
5. Registration and Security
The user must provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the account may be closed without informing the User.
The user is responsible for the password and account security on the site and third-party sites. Otherwise, the Company cannot be held responsible for data loss and security breaches or damage to hardware and devices.
6. Force Majeure
not under the control of the parties; If the obligations arising from the contract become unfulfillable by the parties due to reasons such as natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (together, “Force Majeure” below).
7. Integrity and Applicability of the Agreement
If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.
8. Changes to the Contract
The company can change the services offered on the site and the terms of this contract, partially or completely, at any time. Changes will be effective from the date of publication on the site. It is the User’s responsibility to follow the changes. The user is deemed to have accepted these changes by continuing to benefit from the services offered.
9. Notification
All notifications to be sent to the parties related to this Agreement will be made through the known e-mail address of the Company and the e-mail address specified by the user in the membership form. The user agrees that the address he/she specified while signing up is a valid notification address, that he/she will notify the other party in writing within 5 days in case of changes, otherwise the notifications to this address will be deemed valid.
10. Evidence Convention
In all kinds of disputes that may arise between the parties for the transactions related to this contract, the books, records and documents of the Parties, computer records and fax records will be accepted as evidence in accordance with the Law of Civil Procedure No. 6100, and the user agrees that he will not object to these records.
11. Dispute Resolution
California (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.
Cancellation and Refund Policy
CONSUMER RIGHTS – WITHDRAWAL – CANCELLATION RETURN TERMS
GENERAL:
If you place an order electronically through the website you are using, you are deemed to have accepted the preliminary information form and the distance sales contract presented to you.
Buyers are subject to the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts (RG: 27.11.2014/29188) and other applicable laws regarding the sale and delivery of the product they have purchased.
Shipping charges, which are product shipping costs, will be paid by the buyers.
Each purchased product is delivered to the person and/or organization at the address indicated by the buyer, provided that it does not exceed the legal period of 30 days. If the product is not delivered within this period, Buyers may terminate the contract.
The purchased product must be delivered in full and in accordance with the qualifications specified in the order and with documents such as warranty certificate, user manual, if any.
If it becomes impossible to sell the purchased product, the seller must notify the buyer in writing within 3 days of learning about this situation. The total price must be returned to the Buyer within 14 days.
IF THE PURCHASED PRODUCT IS NOT PAYABLE:
If the Buyer does not pay the price of the purchased product or cancels it in the bank records, the Seller’s obligation to deliver the product ends.
SHOPPING MADE WITH THE UNAUTHORIZED USE OF CREDIT CARD:
After the product is delivered, if it is determined that the credit card to which the buyer has paid is used unfairly by unauthorized persons and the price of the sold product is not paid to the Seller by the relevant bank or financial institution, the Buyer has to return the product subject to the contract to the SELLER within 3 days at the SELLER’s expense.
IF THE PRODUCT CANNOT BE DELIVERED WITHIN THE TIME FOR UNPROSECTED REASONS:
If force majeure occurs that the Seller cannot foresee and the product cannot be delivered on time, the Buyer is notified. The buyer may request the cancellation of the order, the replacement of the product with a similar product or the delay of delivery until the obstacle is removed. If the buyer cancels the order; If he has made the payment in cash, this fee will be paid to him in cash within 14 days from the date of cancellation. If the buyer has made the payment by credit card and cancels it, the product price will be returned to the bank within 14 days from this cancellation, but it is possible that the bank will transfer it to the buyer’s account within 2-3 weeks.
IF THE PURCHASED PRODUCT IS NOT PAYABLE:
If the Buyer does not pay the price of the purchased product or cancels it in the bank records, the Seller’s obligation to deliver the product ends.
SHOPPING MADE WITH THE UNAUTHORIZED USE OF CREDIT CARD:
After the product is delivered, if it is determined that the credit card to which the buyer has paid is used unfairly by unauthorized persons and the price of the sold product is not paid to the Seller by the relevant bank or financial institution, the Buyer has to return the product subject to the contract to the SELLER within 3 days at the SELLER’s expense.
IF THE PRODUCT CANNOT BE DELIVERED WITHIN THE TIME FOR UNPROSECTED REASONS:
BUYER’S OBLIGATION TO CHECK THE PRODUCT:
The buyer will inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The BUYER has to carefully protect the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. Invoice must be returned along with the product.
RIGHT OF WITHDRAWAL:
BUYER; Within 14 (fourteen) days from the date of delivery of the purchased product to himself or to the person/organization at the address indicated, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, provided that he notifies the SELLER via the contact information below.
CONTACT INFORMATION TO BE NOTIFIED OF THE SELLER’S RIGHT OF WITHDRAWAL:
COMPANY
NAME/TITLE:
ADDRESS:
EMAIL:
PHONE:
FAX:
DURATION OF THE RIGHT OF WITHDRAWAL:
If the buyer has purchased a service, this 14-day period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer.
The costs arising from the use of the right of withdrawal belong to the SELLER.
In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product has not been used within the framework of the provisions of the “Products for which the Right of Withdrawal cannot be exercised” in this contract.
USE OF THE RIGHT OF WITHDRAWAL:
The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
Return form, The products to be returned must be delivered complete and undamaged together with the box, packaging, standard accessories, if any.
RETURN TERMS:
The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses at the rate of the BUYER’s fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL:
Underwear, swimwear and bikini bottoms, make-up materials, disposable products, products that are in danger of spoiling quickly or that are likely to expire, products that are not suitable for health and hygiene in case the package is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated instantly, such as newspapers and services, such as subscription services, In accordance with the Regulation, intangible goods delivered to the consumer immediately, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if their packaging has been opened by the BUYER. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
In order for cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packages must be unopened, untested, intact and unused.
PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL:
STATUS OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
PAYMENT AND DELIVERY
You can make a Bank Transfer or EFT (Electronic Funds Transfer) to any of our bank accounts ($) offered to you by directing the address info@walush.com.
With your credit cards on our site, you can take advantage of online single payment or online installment opportunities for all kinds of credit cards. In your online payments, the amount will be withdrawn from your credit card at the end of your order.