PRELIMINARY INFORMATION FORM

Last Updated: 1 January 2024

1. Parties and Subject

This Preliminary Information Form is intended to inform the buyer (“Buyer”) and GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ (“Seller”) located at the address “IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY” and conducting business through the website www.demontha.com (“Website”) about the Distance Sales Agreement (“Agreement”) between the parties who will purchase products on the Internet Site, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.”

 The Buyer acknowledges in advance, before accepting the distance contract or any corresponding offer, that they have been informed by the Seller through this Preliminary Information Form.

2. Seller Information

 Company Name  GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
 Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
 Return Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
 Phone  +90 212 675 03 45 / +90 554 994 34 57
 Fax  +90 212 670 02 53
 E-mail  info@demontha.com
 KEP Address  genya@hs03.kep.tr
 MERSIS Number  0394001648500011
 Agreed Carrier  UPS or TNT

3. Right of Withdrawal

3.1. In cases where delivery to an address within the country is agreed upon for the product, the BUYER may exercise the right of withdrawal granted by the relevant legislation within 14 (fourteen) days from the delivery of the contractual product/products to themselves or to the person at the specified address.

3.2. In cases where the delivery to an address abroad is agreed upon, if the BUYER does not have the right of withdrawal under their habitual residence[1] law, the BUYER will not have the right to return the product received from the SELLER without stating any reasons.

3.3. If the BUYER has the right of withdrawal under their habitual residence law abroad, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods without stating any reasons, within 14 (fourteen) days starting from the date of delivery to the BUYER or to the person/organization at the address indicated by the BUYER, provided that the BUYER notifies the SELLER through the contact information above. In this case, the BUYER will bear all the expenses of the return, including the shipping, and other expenses. The amount of these return expenses shall be determined within the scope of the following index, and it will not exceed 2000 USD shipping cost in any case, and it may include all other expenses that may be added, as long as it is within the express consent.

Shipping Cost Calculation Index

 

In order for the BUYER to be able to exercise their right of withdrawal;

  • The BUYER must have the status of “Consumer” as defined within the scope of the Law No. 6502,
  • The BUYER must notify the SELLER within the legal period,
  • The product/products must not be among the products for which the right of withdrawal cannot be exercised as determined in the Law No. 6502 Consumer Protection Act and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014,
  • The product must not have suffered damage that prevents its re-sale other than its ordinary use,
  • The products must be unused and unassembled,
  • The product must be returned complete and undamaged, including the product return form, invoice, original box of the returned products, packaging, standard accessories if any, parts, warranty certificate if any, user manual, and all attachments, and must not have been used in any other way,
  • For orders delivered to foreign addresses, it is a requirement that the consumer has the right of withdrawal under their habitual residence law.

3.2. To exercise the right of withdrawal within this period, the Buyer may notify the Seller of the exercise of this right:

  • In writing to the address “İkitelli Keresteciler Sitesi 17. Sk. No:2-4 Başakşehir/ISTANBUL” or
  • By sending an email to the email address info@demontha.com.”

3.3. In cases where the product is delivered domestically; Within fourteen (14) days from the date of delivery of the withdrawal notification to the SELLER, it is mandatory to send the product back to the SELLER’s delivery address specified in Article 3.2 or to the person authorized by the SELLER by the SELLER’s contracted UPS or TNT company. If the product is sent back through the shipping companies that the SELLER has contracted, the BUYER will not be held responsible for the costs related to the return. Otherwise, all kinds of transportation costs and customs and other taxes / fees will be borne by the BUYER regardless of the amounts. In these cases, it is not possible for the SELLER to be held responsible for any damage and loss that may occur to the product during transportation. The BUYER shall also be responsible for customs taxes and duties, additional storage and transportation costs and additional taxes and duties arising from the law of the BUYER’s address, especially in sales whose delivery address is abroad.

3.4. When exercising the right of withdrawal, the BUYER shall;

(I) the invoice of the product delivered to the BUYER or the person designated by the BUYER as the person to be delivered, (***)

(ii) The products to be returned complete and undamaged together with the box, packaging, standard accessories, if any, shall be sent to the SELLER by UPS or TNT contracted by the SELLER within fourteen (14) days from the notification of the exercise of the right of withdrawal.

(***) In the case that the BUYER is a real or legal person acting for commercial or professional purposes and / or the invoice for the product subject to the Contract is issued on behalf of the BUYER acting for commercial or professional purposes, if the BUYER wishes to return the product for defects and other reasons, except for consumer rights, the product must be sent together with the return invoice to be issued when returning the product. (In the event that the BUYER is a natural or legal person acting for commercial or professional purposes and / or the invoice for the product subject to the Contract is issued on behalf of the BUYER acting for commercial or professional purposes; The BUYER cannot benefit from the provisions and consumer rights to grant special rights and opportunities to consumers regulated in this Agreement and the law).

3.5. The BUYER acknowledges and undertakes that in case of a refund request for payments made with a credit card, the refund will not be made in cash. In case of the exercise of the right of withdrawal, the price of the product/products and the shipping costs shall be refunded to the BUYER in accordance with the payment method used by the BUYER within 14 (fourteen) days from the date the product/products were delivered to the SELLER by the contracted cargo company or, if returned by a carrier other than the contracted cargo, from the date it reaches the SELLER. The refund to the credit card shall be made within the framework of the current refund procedures of the banks. In cases where installment payment is made, the refund shall be made in accordance with the current procedures of the banks. In cases where the SELLER is unable to refund due to reasons such as the cancellation/change of the BUYER’s credit card, the BUYER shall be obliged to receive the payment by applying to the relevant bank with the documents received from the bank. In such a case, the BUYER cannot make any claims against the SELLER for any delay damages, interest, etc., under any name whatsoever.

3.6. The shipping fee for the products sent to the SELLER without notice of withdrawal shall be borne by the BUYER. In this case, the BUYER knows and agrees to pay the shipping fee in question.

3.7. Cases Where the Right of Withdrawal Cannot Be Exercised

 3.7.1. The BUYER cannot use the right of withdrawal for the product / products that acquire personalized qualities by making modifications, changes or additions in line with the demands of the BUYER before the order.

3.7.2. The BUYER cannot exercise the right of withdrawal for products that have not suffered damage preventing their resale, except for normal use. In particular, the following cases are considered damage-preventing resale:

  • Removal or damage of the brand, logo, and/or labels that constitute integrity with the products,
  • Existence of tearing, burning, smelling, breaking, damage, or deterioration anywhere on the products, regardless of their size or significance,
  • The products have partially lost their qualities and characteristics or have lost their new/clean qualities required for resale,
  • To be presented as inseparably integrated with other items after delivery due to its nature,
  • Installation or assembly of the goods specified to be installed or assembled by the seller or authorized service in the introduction and user manual,
  • Assembly of demounted products in the furniture category,
  • The presence of defects due to misuse,
  • The presence of discoloration due to any reason such as paint, chemicals, fading due to the sun, etc.

In cases where the BUYER does not have the right of withdrawal in their usual residence law for orders delivered to foreign addresses, the BUYER does not have the right of withdrawal without specifying any reason.

 4. Product/Products Information

The kind and type of product(s), quantity, brand/model/color, unit price(s), sales price and total price including taxes (total price including sales price, tax price, customs duties, taxes and charges for sales whose delivery address is abroad) can be found in the ” Shopping Basket” tab.

5. General Conditions

5.1. Unless the performance of the contract becomes impossible, subject to force majeure conditions, the product subject to the contract shall be delivered to the person at the address notified by the BUYER or to the BUYER within a legal period not exceeding 30 (thirty) days, through the shipping company with which the SELLER has an agreement, except for reasons arising from the cargo company.

5.2. The SELLER dispatches and delivers the products through the contracted cargo company. In the event that the cargo company does not have a branch at the location of the BUYER, the BUYER is required to pick up the Product from another nearby branch of the cargo company as specified by the SELLER.

5.3. Unless explicitly stated otherwise, delivery costs (such as shipping fees, etc.) are generally borne by the BUYER. Depending on the promotions conducted by the SELLER at the time of sale and announced on the Website, the SELLER may not pass on the entire or a portion of the delivery costs to the BUYER.

5.4. If the BUYER is not present at the address during the delivery of the products and if the individuals at the address refuse the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. In the event that there is no one to receive the delivery at the address, it is the BUYER’s responsibility to contact the shipping company to track the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the absence of the recipient at the delivery address or their refusal to accept the delivery. In such cases, any damages arising from the Buyer’s delayed receipt of the product, as well as the expenses incurred due to the product being held at the shipping company and/or the return of the package to the SELLER, shall be borne by the BUYER.

5.5. The BUYER is responsible for inspecting the Product upon receipt and, in the event of any damage or issue arising from the shipment, refusing to accept the Product and preparing a report with the shipping company representative. Otherwise, the SELLER will not accept any responsibility.

5.6. Unless otherwise expressly stipulated in writing by the SELLER, the BUYER must have fully paid the purchase price through the payment method of the BUYER’s choice before taking delivery of the Product. In the event that the payment for the product/products is not made for any reason or is canceled by the bank, the BUYER acknowledges, declares, and undertakes that the BUYER has the right to refuse the delivery of the product/products without any obligation on the part of the SELLER to fulfill the obligation to deliver the product/products.

5.7. In the event that the SELLER realizes it cannot supply the contracted Product, the SELLER may, within three (3) days from the date of understanding this situation, inform the BUYER in a clear manner through a lawful method and, with the BUYER’s oral/written approval, may procure another good/service of equal quality and price. If the BUYER gives or does not give such approval, the BUYER is entirely free in this regard, and in cases where approval is not given, contractual-legal provisions regarding order cancellation (contract termination) shall apply.

5.8. The obligation to carefully preserve the product after delivery lies with the BUYER. In the event of exercising the right of withdrawal, the product must be in a condition that does not prevent it from being resold, and the invoice must be returned. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER.

5.9. If, due to force majeure or extraordinary circumstances beyond the normal sales/delivery conditions (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, etc.), the Product cannot be delivered within the legal maximum thirty (30) day period, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER may cancel the order, place an order for a similar product, or wait until the end of the extraordinary situation.

5.10. In the case of cancellations in accordance with the contract or the law, including order cancellations and contract terminations, if the Product price has been purchased, it will be refunded to the BUYER within a maximum of fourteen (14) days. The requirements of the following rule are reserved. The refund will be made to the payment method used by the BUYER to pay the Product price. For example, in the case of credit card payments, the refund process will be carried out by crediting the BUYER’s credit card, and the Product amount will be refunded to the relevant bank in the same period after the cancellation of the order by the BUYER. As the reflection of this amount in the BUYER’s accounts is entirely related to the bank transaction process, the BUYER acknowledges in advance that the SELLER cannot intervene in and take responsibility for any possible delays.

5.11. The Seller has the right to set off, deduct, and make reductions from the refundable amount in accordance with this Agreement and the law, and such rights are reserved. The Buyer’s statutory rights are also reserved and available in cases where the Agreement is terminated by the Buyer due to the Seller’s non-performance of its obligation.

5.12. The Buyer can communicate their product and sales-related requests and complaints to the Seller verbally or in writing by reaching the Seller through the communication channels specified in Article 2 of this Preliminary Information Form.

5.13. After acceptance, the Buyer can always access and review the relevant notifications and this Agreement by saving and storing the email sent to the email address provided by the Buyer. Meanwhile, the information is retained in the Seller’s systems in compliance with legal obligations.

5.14. After the approval of this Preliminary Information Form and the conclusion of the Agreement, if, for any reason, the product price is not paid or the bank payment is canceled until the Buyer informs the Seller by paying the product price, the Seller refrains from the obligation to deliver the product.

5.15. After being read and accepted by the Consumer in electronic form, this Preliminary Information Form will proceed to the establishment of the Distance Sales Agreement stage.

6. Resolution Of Disputes and Applicable Law

Any dispute that may arise between the parties is subject to the laws of the Republic of Turkey, and disputes that cannot be resolved by mutual agreement of the parties will be resolved by the Consumer Arbitration Committees of the Province and District within the monetary limits annually determined and announced by the Ministry of Customs and Trade, in accordance with the law. In cases exceeding these limits, Consumer Courts have jurisdiction.

[1] The place where a person has resided for a certain period, sufficient to establish the predominant center of their social and economic relationships, even if not for the purpose of settling.

DISTANCE SALES AGREEMENT

Last Updated: 1 January 2024

ARTICLE 1 – PARTIES TO THE AGREEMENT

SELLER

 Company Name  GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
 Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
 Return Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
 Phone  +90 212 675 03 45 / +90 554 994 34 57
 Fax  +90 212 670 02 53
 E-mail  info@demontha.com
 KEP Address  genya@hs03.kep.tr
 MERSIS Number  0394001648500011

BANK ACCOUNT INFORMATION

 Bank  VAKIFBANK
 Branch  IMSAN
 IBAN  TR59 0001 5001 5804 8013 3039 02
 SWIFT/BIC  TVBATR2A

AGREED CARRIER: UPS or TNT

BUYER

The individual who places an order on www.demontha.com and possesses an order number shall be referred to as the “BUYER”. The contact information provided during the ordering process shall be considered as follows:

 BUYER  …
 ADDRESS  …
 PHONE  …
 E-MAIL  …

ARTICLE 2 – SUBJECT OF THE AGREEMENT

2.1. The subject of this Distance Sales Agreement (hereinafter referred to as the “Agreement”) is, if the BUYER holds the status of a “Consumer”; following the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, otherwise by the Turkish Civil Code (TBK) and/or Turkish Commercial Code (TTK) provisions. In the scope of the right of withdrawal, if the BUYER, regarding their usual residence law, places an order for the product/products specified in this Agreement, including their characteristics and sale price, on the website owned by the SELLER, named www.demontha.com (hereinafter referred to as the “Website”) through electronic means, this involves the sale, payment of the sale price, delivery, and determination of the rights and obligations of the Parties, as well as the presentation of dispute resolution methods arising from this Agreement.

2.2. The BUYER, by confirming the order subject to this Agreement, undertakes to pay the price of the product in question, as well as any additional fees such as shipping costs, taxes, especially customs duties and charges in the case of sales to foreign addresses, additional storage and transportation expenses, and any additional taxes and charges arising from the jurisdiction of the BUYER’s address. The BUYER acknowledges and declares that they have been informed of their responsibilities and obligations arising from relevant legislation.

ARTICLE 3 – PRODUCT INFORMATION

3.1. The type or category, quantity, brand or model, sale price, payment method, recipient, delivery address, invoice details, and shipping fee of the product or products purchased electronically from the www.demontha.com.tr e-commerce website are as stated in the forms and order details prepared by the BUYER before the purchase. Product images have been taken for advertising/marketing purposes with professional equipment and teams and may not necessarily correspond exactly to the original appearance of the products. Additionally, promises made regarding the products on the website may be subject to change without prior notice due to technical reasons or errors.

3.1.1. Product and Price Information

Product Description

 

Quantity

 

Quantity Unit Price

(USD)

Shipping Cost

(USD)

Customs Expenses

(USD)

Total (USD)

(Inclusive of VAT)

Promises made regarding the products on the Website may be subject to change without prior notice due to technical reasons or errors.

3.1.2. Payment (Collection) Information

Payment Method Agent

1-Credit Card

 Credit Card Number  …
 Card Holder  …
 Single Payment for CC  …

2-Bank Transfer / EFT

 Name  GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİC. LTD. ŞTİ.
 Bank  VAKIFBANK
 Branch Name  IMSAN
 Branch Code  0470
 Branch City  Istanbul
 Customer No  444004667793
 IBAN (USD)  TR59 0001 5001 5804 8013 3039 02
 SWIFT/BIC  TVBATR2A

3.1.3. Delivery and Invoice Information

Delivery Information

 Full Name/Title  …
 Address  …
 Phone  …
 E-mail  …

Details

Invoice Information

 Full Name/Title  …
 Address  …
 Phone  …
 E-mail  …

Details

ARTICLE 4 – DELIVERY AND INVOICE

4.1. The product/products ordered electronically by the BUYER will be delivered to the individuals at the address specified by the BUYER or to the BUYER within 30 (thirty) days, through the transportation company with which the SELLER has an agreement, provided that the SELLER’s stock is available, and without prejudice to cases where the performance of the obligation related to the Order is impossible. Contracts related to goods prepared in line with the consumer’s request or personal needs are exceptions and not subject to these periods. If the courier company does not have a branch in the location where the BUYER is located, the BUYER must receive the product from another nearby branch specified by the SELLER. The SELLER cannot be held responsible for any delays caused by the courier company.

4.2. The BUYER acknowledges, declares, and undertakes that if they are not present at the address they provided during delivery, the delivery will be considered validly completed by delivering the product/products to individuals at that address in exchange for a signature. If the product/products are not delivered within 30 (thirty) days from the order date, except for reasons attributable to the courier company, the BUYER may terminate the Agreement.

4.3. Unless otherwise stated, the delivery expenses of the goods are borne by the BUYER. If the SELLER declares on the website that the delivery fee will be covered by them, then the delivery expenses will be the responsibility of the SELLER.

4.4. The electronic approval of this Agreement and the payment of the sale price by the BUYER using their preferred payment method are necessary conditions for the delivery of the product/products specified in this Agreement. If, for any reason, the price of the product/products is not paid or the payment is canceled by the bank, the BUYER acknowledges, declares, and undertakes that they have the right to refuse the delivery without any liability arising from the SELLER’s obligation to deliver the product/products.

4.5. The invoice for the product/products paid by the BUYER and the shipping service fee will be prepared digitally within the scope of the E-archive application by the SELLER in the name of the real or legal person specified by the BUYER and will be sent to the BUYER’s email address. Additionally, the invoice will be delivered to the delivery address specified by the BUYER in this Agreement along with the product/products through a delivery note. The BUYER agrees and declares that they will notify the SELLER in writing in case of any address change and that any information provided to the SELLER will be accurate and truthful. The BUYER acknowledges that they will be responsible for any damages resulting from incorrect information.

4.6. The BUYER acknowledges, declares, and undertakes that the information provided for the invoice, delivery addresses, and other details within the scope of this Agreement is complete and accurate. In cases where there is an error and/or deficiency in the address provided by the BUYER, the BUYER is not present at the address during delivery, there is no one available to receive the product/products at the specified address, or the individuals at the address refuse to accept the product/products, the SELLER shall not be held responsible in any way. In such cases, the SELLER may fulfill their delivery obligation by leaving the products at the delivery location in the name of the BUYER without requiring any further approval or decision, or they may store the products, reserving the right to request a storage fee. If the delivery cannot be made as specified above, the BUYER has the right to request a new delivery at their own expense, covering all transportation and other costs.

4.7. The SELLER is responsible for delivering the product/products specified in the Agreement in a sound, complete, and compliant state with the specified characteristics, as required by regulations, along with any applicable warranty certificates and user manuals. The BUYER and/or the recipient at the time of delivery are responsible for inspecting whether the product/products have been delivered in a sound, complete, and compliant condition, as required by regulations. In case any damage to the product/products is identified during delivery, a report must be prepared in conjunction with the transportation company representative. Otherwise, the SELLER shall not be held responsible for any damage or defects in the products.

4.7.1. In the event that the product/products are found to be defective or damaged at the time of delivery and are recorded in an official report, the SELLER shall retrieve the product/products in the condition in which they were delivered, and a replacement shall be provided to the BUYER without any additional transportation fee within 30 days following this date.

4.7.2. In cases where defects in the product/products, which are visible or can be detected through inspection, are identified after the delivery, the BUYER must notify the SELLER in writing or through customer services within a maximum of 30 days if the BUYER is a consumer, and within a maximum of 8 days if the BUYER is not a consumer. Reports and related requests for defects not reported within the specified period will not be accepted.

4.7.3. For defects that are visible or can be detected through inspection, and for other hidden defects, as long as they are reported immediately upon discovery, they should be reported within 2 years from the date of delivery. Following this report, the product/products will be transported to the SELLER with a courier company designated by the SELLER. Upon receipt of the returned product/products, the SELLER will assess them. If it is determined that the product/products have defects attributable to the SELLER, the SELLER will attempt to repair them, replace them with new ones without any additional transportation fee if possible, or refund the purchase price if none of the previous options are feasible. Otherwise, the product/products will be returned to the BUYER, and any transportation fees, as well as customs and other taxes or fees incurred, will be charged to the BUYER if applicable.

ARTICLE 5 – PAYMENT AND CAMPAIGNS

5.1. The purchase price, including VAT, and the delivery fee of the product/products ordered by the BUYER within the scope of this Agreement shall be paid under the payment method and conditions specified in this Agreement.

5.2. In cases where the BUYER pays for the product/products ordered from the website using a credit card, the orders placed within the scope of this Agreement will be processed following the determination by the SELLER that the purchase price of the product/products has been blocked by obtaining a bank authorization from the credit card.

5.3. The SELLER is not responsible for any deductions made by banks under other names during the payment process.

5.4. In the event of any campaign, discount, or similar practice announced by the SELLER in compliance with the relevant regulations at the time of the BUYER’s order, and explicitly stated to be valid for distance sales, such practice shall also be applied to the BUYER’s order provided that the BUYER meets the campaign conditions.

5.5. If the BUYER’s credit card, which belongs to the BUYER, is used by unauthorized persons unlawfully or wrongfully without any fault on the part of the BUYER, and as a result of this, the bank or financial institution fails to pay the price of the product/products to the SELLER, the BUYER agrees, declares, and undertakes that they will return the product/products delivered to them to the SELLER within 30 (thirty) days at the latest, in an unused, undamaged, and complete state, as originally sold, i.e., unassembled, at their own expense, starting from the date of the written notification from the SELLER regarding the issue. Otherwise, the BUYER accepts and undertakes that all kinds of legal action, including compensation for any damages incurred by the SELLER, will be taken against them.

5.6. The availability of various installment payment options within the scope of campaigns offered by the bank with which the BUYER has an agreement is beyond the control of the SELLER. Campaigns under the knowledge and discretion of the SELLER will be announced on the website.

5.7. Unless otherwise specified by the Seller, the delivery fee, which is not included in the price of the product/products, will be added to the price of the product/products to be paid by the BUYER and will be paid by the BUYER along with the price of the product/products.

ARTICLE 6 – GENERAL CONDITIONS

6.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the pre-information regarding the essential qualifications of the product/products subject to the Agreement, the KDV-included sales price, the validity period of all commitments of the SELLER, the payment method, the delivery, the cost if any to be covered by the BUYER, the period and conditions for the delivery and performance of the product/products, how the right of withdrawal can be used, and that they are aware of their rights to apply to the Consumer Problems Arbitration Committee or Consumer Court in the place where the BUYER purchases the product or resides within the monetary limits set by the Ministry of Customs and Trade for complaints and objections.

6.2. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the fulfillment of the performance obligation arising from the contract.

6.3. In cases where the fulfillment of the contract becomes impossible, the SELLER shall notify the BUYER in writing within 3 (three) days from the date of learning of this situation and shall refund the total amount to the BUYER within 14 (fourteen) days.

6.4. The BUYER agrees, declares, and undertakes that they will confirm this Preliminary Information Form electronically for the delivery of the product, and that if the price of the product subject to the contract is not paid for any reason or is canceled in the records of the bank, the SELLER’s obligation to deliver the product subject to the contract will end.

6.5. The BUYER acknowledges, declares, and undertakes that even if products/products intended for children are offered for sale on the website, they cannot shop from the website if they are under 18 years of age, and that the SELLER shall not be responsible in any way for the damages suffered by third parties due to the order placed in violation of this rule. If it is determined by the SELLER that this article is violated, the SELLER has the right to cancel the order given, and to terminate the Agreement.

6.6. The SELLER reserves the right to suspend or terminate the order if the SELLER determines that the information provided by the BUYER does not match the reality. In such a case, the SELLER suspends the processing of the order for 5 (five) days if the SELLER cannot reach the BUYER from the telephone, e-mail, or delivery address provided by the BUYER. During this period, the BUYER is expected to contact the SELLER regarding the matter. If the BUYER does not contact the SELLER during this period, the order will be canceled. In the event of order cancellation, if any, payments made by the BUYER will be refunded within 10 (ten) days. In payments made by credit card, the refund will be made to the credit card used for the payment. The SELLER is not responsible for the process of the refund by the bank.

6.7. The SELLER is not responsible for pricing and content inaccuracies caused by typesetting and system errors. In the event of incorrect product prices, the SELLER has the right to cancel all orders placed at the erroneous price. In such a case, the BUYER accepts and declares that they will not make any claims or demands, including the delivery of the product at the erroneously advertised incorrect price, due to this obvious error.

6.8. The SELLER reserves the right to cancel purchases of the same product by the BUYER that exceed their needs. In the case of purchases exceeding the BUYER’s needs, for wholesale purchases, if the number of items purchased exceeds 3 (three) units, the SELLER reserves the right to either completely cancel the order or send only 3 (three) units as the limit for retail purchases.

ARTICLE 7 – FORCE MAJEURE

Extraordinary events that did not exist and could not be foreseen on the date of signing of the Contract, developing beyond the control of the Parties, and partially or completely preventing one or both Parties from performing their obligations and responsibilities under the Contract within the legal period, are considered force majeure. In case the SELLER is unable to deliver the products/products specified in the Contract within the legal period due to force majeure reasons (natural disasters, fires, explosions, internal wars, wars, riots, civil movements, declaration of mobilization, strikes, lockouts, epidemics, problems arising from the internet system or service providers providing internet services, actions and transactions of competent authorities, depletion of stocks, commercial impossibilities, or interruptions in transportation such as adverse weather conditions, cessation of transportation, etc.), the SELLER is obliged to notify the BUYER of this situation. In this case, the BUYER may exercise one of their rights to cancel the order, replace the products/products specified in the Contract, if any, with similar ones, and/or postpone the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount they have paid will be refunded to them within 14 (fourteen) days.

ARTICLE 8 – RIGHT OF WITHDRAWAL AND RETURNS

8.1. The BUYER may exercise their right of withdrawal within 14 (fourteen) days from the delivery of the product/products specified in the Contract to themselves or to the 3rd person or organization at the address notified by the buyer, as granted by the relevant legislation. In order for the BUYER to be able to exercise their right of withdrawal:

  • The BUYER must have the status of “Consumer” as defined within the scope of the Law No. 6502,
  • The BUYER must notify the SELLER within the legal period,
  • The product/products must not be among the products for which the right of withdrawal cannot be exercised as determined in the Law No. 6502 Consumer Protection Act and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014,
  • The product must not have suffered damage that prevents its re-sale other than its ordinary use,
  • If the promotional and usage manual specifies installation or assembly to be carried out by the seller or authorized service, then the installation or assembly must be performed accordingly,
  • The products must be unused and unassembled,
  • The product must be returned complete and undamaged, including the product return form, invoice, original box of the returned products, packaging, standard accessories if any, parts, warranty certificate if any, user manual, and all attachments, and must not have been used in any other way. (If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER.)
  • For orders delivered to foreign addresses, it is a requirement that the consumer has the right of withdrawal under their habitual residence law.

8.2. Provided that the BUYER is a Consumer; the right of withdrawal is also applicable before the delivery of the product/products. In cases where the delivery to an address abroad is agreed upon, if the BUYER does not have the right of withdrawal under their habitual residence law, the BUYER will not have the right to return the product received from the SELLER without stating any reasons.

8.3. If the BUYER has the right of withdrawal under their habitual residence law abroad, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods without stating any reasons, within 14 (fourteen) days starting from the date of delivery to the BUYER or to the person/organization at the address indicated by the BUYER, provided that the BUYER notifies the SELLER through the contact information above. In this case, the BUYER will bear all the expenses of the return, including the shipping, and other expenses. The amount of these return expenses shall be determined within the scope of the following index, and it will not exceed 2000 USD shipping cost in any case and it may include all other expenses that may be added as long as it is within the express consent.

Shipping Cost Calculation Index

 

However, in cases where the BUYER is rightfully exercising the right of withdrawal, the BUYER has the right to request the offsetting of the return expenses they are required to pay from the refund to be made to them.

8.4. The SELLER shall receive the product/products to be returned by the BUYER due to the exercise of the right of withdrawal through the shipping company contracted by the SELLER and at a time (date) to be determined by mutual agreement with the SELLER. The shipping company with which the SELLER has an agreement can be found on the Cargo Company website specified as of the date of approval of this Agreement and in the distance sales preliminary information form, and can also be learned by contacting the SELLER separately. If the BUYER sends the product/products to be returned through a shipping company that is not contracted by the SELLER, regardless of the amount of the shipping fee and, if it arises, customs and other tax/duty expenses, such expenses shall be paid by the BUYER. In such cases, the BUYER accepts and declares that the SELLER shall not be liable for any damage or loss that may occur to the product during shipping. In corporate returns, it is mandatory to issue a return invoice.

8.5. The BUYER acknowledges and undertakes that in case of a refund request for payments made with a credit card, the refund will not be made in cash. In case of the exercise of the right of withdrawal, the price of the product/products and the shipping costs shall be refunded to the BUYER in accordance with the payment method used by the BUYER within 14 (fourteen) days from the date the product/products were delivered to the SELLER by the contracted cargo company or, if returned by a carrier other than the contracted cargo, from the date it reaches the SELLER. The refund to the credit card shall be made within the framework of the current refund procedures of the banks. In cases where installment payment is made, the refund shall be made in accordance with the current procedures of the banks. In cases where the SELLER is unable to refund due to reasons such as the cancellation/change of the BUYER’s credit card, the BUYER shall be obliged to receive the payment by applying to the relevant bank with the documents received from the bank. In such a case, the BUYER cannot make any claims against the SELLER for any delay damages, interest, etc., under any name whatsoever.

8.6. The BUYER is obliged to return the product to the address specified in Article 1 within 14 (fourteen) days from the date on which it notified the exercise of the right of withdrawal. Otherwise, the refund will not be made or, if made, it may be requested back with interest and other expenses.

8.7. In case the BUYER is a real or legal person acting for commercial or professional purposes and/or if the invoice of the product subject to the contract is issued in the name of the BUYER acting for commercial or professional purposes if the BUYER wishes to return the product for reasons other than defects and other reasons, an invoice must be sent with the product while returning. (In case the BUYER is a real or legal person acting for commercial or professional purposes and/or if the invoice of the product subject to the contract is issued in the name of the BUYER acting for commercial or professional purposes; the BUYER cannot benefit from the provisions and rights granted to consumers under this Agreement and the law.)

8.8. In case of falling below the campaign limit amount or going beyond the campaign conditions due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled, and the SELLER has the right to offset this amount from the amount to be refunded to the BUYER or to request it separately.

ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CAN NOT BE EXERCISED

9.1. The BUYER cannot exercise the right of withdrawal for personalized products that are customized according to the BUYER’s requests before the order, by making alterations, changes, or additions to them.

9.2. The BUYER cannot exercise the right of withdrawal for products that have not suffered damage preventing their resale, except for normal use. In particular, the following cases are considered damage-preventing resale:

  • Removal or damage of the brand, logo, and/or labels that constitute integrity with the products,
  • Existence of tearing, burning, smelling, breaking, damage, or deterioration anywhere on the products, regardless of their size or significance,
  • Supply of goods that are inherently integrated with other items after delivery,
  • Assembly of disassembled products in the furniture category,
  • Partial or complete loss of the qualities and characteristics of the products necessary for their resale,
  • Existence of defects due to misuse,
  • Discoloration due to any reason such as paint, chemicals, or sun exposure,
  • In cases where the BUYER does not have the right of withdrawal in their usual residence law for orders delivered to foreign addresses, the BUYER does not have the right of withdrawal without specifying any reason.

ARTICLE 10 – APPLICABLE LAW AND RESOLUTION OF DISPUTES

10.1. Turkish Law shall apply to the implementation and interpretation of this Agreement, as well as to any disputes arising from this Agreement.

10.2. In case of disputes arising from this Distance Sales Agreement:

10.2.1. If the Buyer is a Consumer; the Consumer Arbitration Committees and Consumer Courts located in the Buyer’s place of residence and where the purchase of Goods or Services took place, up to the value declared by the Ministry of Customs and Trade, in accordance with Article 68/1 of the Law on Consumer Protection No. 6502, shall have jurisdiction.

10.2.2. If the Buyer is a Merchant and/or Public Legal Entity; Istanbul Courts and Execution Offices shall have jurisdiction.

ARTICLE 11 – DEFAULT AND LEGAL CONSEQUENCES

11.1. In the event of the BUYER defaulting on transactions made with a credit card, the cardholder bank shall require the BUYER to pay interest within the framework of the credit card agreement between the bank and the BUYER, and the BUYER shall be responsible towards the bank.

11.2. In the event of the BUYER defaulting on payments when other payment methods are chosen, the SELLER may rescind the agreement or demand payment of the amount with interest. The BUYER shall be responsible for any damages incurred by the SELLER due to the delayed performance of the debt by the BUYER.

ARTICLE 12 – NOTIFICATIONS AND EVIDENTIAL AGREEMENT

All kinds of correspondence between the Parties under this Agreement, except for mandatory cases stipulated by the legislation, shall be made via e-mail. The BUYER acknowledges, declares, and undertakes that in case of disputes arising from this Agreement, the SELLER’s official books and commercial records, electronic information, and computer records kept in its own database and servers shall constitute conclusive and binding evidence. The BUYER accepts that this article has the nature of an evidential agreement within the meaning of Article 193 of the Code of Civil Procedure, without prejudice to the right to submit additional evidence in disputes arising from this Agreement.

ARTICLE 13 – EFFECTIVE DATE

This Agreement, consisting of 13 (thirteen) articles, has been executed and become effective upon being read and confirmed electronically by the Parties.

DELIVERY, WITHDRAWAL AND CANCELLATION RETURN CONDITIONS

Last Updated: 1 January 2024

DELIVERY

1. If the BUYER approves the order subject to the contract, the BUYER will be obliged to pay the price of the product subject to the order and, if any, the shipping fee and other additional fees such as taxes.

2. In sales where the delivery address is outside the country where the SELLER is based, the BUYER will be separately responsible for potential importation, sales fees, customs duties, additional storage, transportation costs, and any international delivery costs, as well as additional taxes and duties arising from the legal jurisdiction of the BUYER’s address. When purchasing a product through www.demontha.com, any import duties and customs fees that may be requested in the country where the BUYER wishes to receive the product, along with charges requested by the carrier, the customs administration of the country of delivery, or other parties, also known as ‘Import Costs’, will be charged to the BUYER. Prior to purchasing the product, it is advisable to contact the local customs authority for information regarding possible import duties and customs fees.

3. After the receipt of the BUYER’s order, and provided that the SELLER’s stock is available and subject to cases where the fulfillment of the order becomes impossible, not exceeding the legal period of 30 (thirty) days, unless there is a mandatory provision specifying a shorter period based on the legal jurisdiction of the BUYER’s address, the product will be delivered to the BUYER’s address within 28 business days, following the agreement with the contracted shipping company. Once received by the courier, the estimated delivery time to the delivery address will be 7/14 business days, considering this period. Contracts for goods explicitly personalized to meet the consumer’s request or personal needs are exceptions and not subject to these timeframes.

BUYER’S OBLIGATION TO INSPECT THE PRODUCT:

The BUYER shall inspect the goods/services subject to the contract before taking delivery; any damaged or defective goods/services, such as dents, breakages, torn packaging, etc., will not be accepted from the shipping company without noting the issues in a report. Otherwise, the received goods/services will be deemed undamaged and intact. The BUYER must take care to protect the product carefully after delivery.

RIGHT OF WITHDRAWAL:

In cases where the delivery to a domestic address is agreed upon for the product;

1. Provided that the BUYER is a consumer; within 14 (fourteen) days from the date of delivery of the purchased product to themselves or the person/organization indicated at the specified address, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without providing any justification, provided that they notify the SELLER through the contact information below.

2. The costs resulting from the use of the right of withdrawal belong to the SELLER.

3. If the BUYER does not have the right of withdrawal under their habitual residence law, the BUYER will not have the right to return the product received from the SELLER without stating any reasons.

If the BUYER has the right of withdrawal under their habitual residence[1] law abroad, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods without stating any reasons, within 14 (fourteen) days starting from the date of delivery to the BUYER or to the person/organization at the address indicated by the BUYER, provided that the BUYER notifies the SELLER through the contact information above. In this case, the BUYER will bear all the expenses of the return, including the shipping, and other expenses. The amount of these return expenses shall be determined within the scope of the following index, and it will not exceed 2000 USD shipping cost in any case, and it may include all other expenses that may be added if it is within the express consent.

Shipping Cost Calculation Index

 

 

SELLER’S RIGHT OF RETURN NOTICE AND CONTACT INFORMATION FOR PRODUCT RETURN:

 Company Name  GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
 Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
 Phone  +90 212 675 03 45 / +90 554 994 34 57
 Fax  +90 212 670 02 53
 E-mail  info@demontha.com

DURATION AND USE OF THE RIGHT OF WITHDRAWAL:

4. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, email, or the return request form within 14 (fourteen) days from the day following the date of delivery of the goods or the day the goods are delivered to a third party/organization at the specified address.

Within 14 (fourteen) days from the date the withdrawal notice reaches the SELLER, the Product and, if any, all attachments, accessories, packaging, invoice, warranty certificate if any, user manual, and other documents must be returned to the delivery address specified by the SELLER in the third clause or to the person authorized by the SELLER, using the domestic shipping company agreed upon by the SELLER (UPS or TNT), complete and undamaged. If the product is returned through the shipping companies agreed upon by the SELLER, the BUYER will not be responsible for the return expenses. Otherwise, the BUYER must pay the shipping costs. The shipping cost of partially returned products and products returned without prior notice of withdrawal will be covered by the BUYER. The BUYER acknowledges and agrees to bear the shipping cost in such a case.

If the BUYER chooses to send back the product/products to the SELLER through a shipping company not contracted by the SELLER, the BUYER will be responsible for all transportation costs and, if applicable, customs and other tax/duty expenses. In such cases, the SELLER cannot be held responsible for any damage or loss that may occur to the product during shipping.

5. If the BUYER fails to return the goods to the SELLER or the authorized person within 14 (fourteen) days from the date of notifying the exercise of the right of withdrawal, the SELLER will not refund the payment. If refunded, it may be subject to interest and other expenses, and the amount may be reclaimed. 

CONDITIONS OF THE RIGHT OF WITHDRAWAL:

6. In order for the BUYER to exercise the right of withdrawal;

  • The BUYER must have the status of “Consumer” as defined within the scope of the Law No. 6502,
  • The BUYER must notify the SELLER within the legal period,
  • The product/products must not be among the products for which the right of withdrawal cannot be exercised as determined in the Law No. 6502 Consumer Protection Act and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014,
  • The product must not have suffered damage that prevents its re-sale other than its ordinary use,
  • The products must be unused and unassembled,
  • The product must be returned complete and undamaged, including the product return form, invoice, original box of the returned products, packaging, standard accessories if any, parts, warranty certificate if any, user manual, and all attachments, and must not have been used in any other way.
  • For orders delivered to foreign addresses, it is a requirement that the consumer has the right of withdrawal under their habitual residence law.

CASES WHERE THE RIGHT OF WITHDRAWAL CAN NOT BE EXERCISED:

7. The BUYER cannot exercise the right of withdrawal for personalized products that are customized according to the BUYER’s requests before the order, by making alterations, changes, or additions to them.

8. The BUYER cannot exercise the right of withdrawal for products that have not suffered damage preventing their resale, except for normal use. In particular, the following cases are considered damage-preventing resale:

  • Removal or damage of the brand, logo, and/or labels that constitute integrity with the products,
  • Existence of tearing, burning, smelling, breaking, damage, or deterioration anywhere on the products, regardless of their size or significance,
  • Partial or complete loss of the qualities and characteristics of the products necessary for their resale,
  • Supply of goods that are inherently integrated with other items after delivery,
  • Installation or assembly of goods that are specified to be installed or assembled by the seller or authorized service in the identification and user manual,
  • After assembly of disassembled products in the furniture category,
  • Existence of defects due to misuse,
  • Discoloration due to any reason such as paint, chemicals, or sun exposure,

9. In cases where the BUYER does not have the right of withdrawal in their usual residence law for orders delivered to foreign addresses, the BUYER does not have the right of withdrawal without specifying any reason.

REFUND

10. The SELLER will, within a maximum of 10 days from the date the notice of withdrawal, along with all specified documents and attachments, and the returned product reaches the SELLER, complete the examination regarding whether the documents and products returned are complete and undamaged, and whether the right of withdrawal has been exercised in accordance with legal regulations, and inform the BUYER accordingly.

11. In the event that it is determined, after evaluating the product, documents, and other conditions, that the right of withdrawal does not comply with the legislation and the conditions stated in this document, the product will be returned to the BUYER with the reason, and the shipping cost will be borne by the BUYER.

12. In the event of the BUYER requesting a refund for payments made by credit card, the BUYER acknowledges, declares, and undertakes that the refund will not be made in cash. In the case of exercising the right of withdrawal, the price of the product/products and shipping costs will be refunded to the BUYER within 14 (fourteen) days from the date of delivery to the agreed cargo company or, in the case of return with a carrier other than the agreed one, from the date it reaches the SELLER. The refund will be made to the payment method used by the BUYER at the time of purchase. Refunds to credit cards will be made in accordance with the existing refund procedures of the banks. In cases where payment is made in installments, the refund will be made within the framework of the existing procedures of the banks. In the event that the SELLER cannot make the refund due to the BUYER’s credit card being canceled/changed and/or not working for any reason, the BUYER is obliged to receive the money by submitting a written application to the SELLER with the relevant documents obtained from the bank regarding the matter. In such a case, the BUYER cannot make any claims for delay damages, interest, or similar under any name against the SELLER.

13. If the value of the product returned by the BUYER within the scope of the right of withdrawal has decreased due to the fault of the BUYER or if the product has been damaged due to the fault of the BUYER, the BUYER is obliged to compensate the SELLER for the decreased value of the product or the damage to the product, either in the amount of the value of the product or with a discount equivalent to the value of the product.

14. In case the right of withdrawal is exercised, if the campaign limit amount set by the SELLER falls below or the campaign conditions are violated, the amount of the discount enjoyed within the scope of the campaign is canceled. The SELLER has the right to offset this amount from the refund to be made to the BUYER or to demand it separately.

[1] The place where a person has resided for a certain period, sufficient to establish the predominant center of   their social and economic relationships, even if not for the purpose of settling.

 

MEMBERSHIP AGREEMENT

Last Updated: 1 January 2024

 ARTICLE 1 – PARTIES TO THE AGREEMENT

 Title  GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
 Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY

Hereinafter referred to as “DEMONTHA”.

The real person who becomes a member of the https://demontha.com/ site and purchases the products and/or services offered for sale on the site in accordance with this agreement is the “Member”. The Parties shall be referred to individually as the “Party” and together as the “Parties”.

Please read these terms and conditions carefully before ordering any Product from our site. If you do not accept these terms and conditions, our Privacy Statement or our Terms of Use, do not use our site.

ARTICLE 2 – SCOPE AND PURPOSE OF THE AGREEMENT

 This Membership Agreement has been concluded to determine the conditions for the Member to benefit from the services offered on the website https://demontha.com/ and the mutual obligations of the parties. With the acceptance of the Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the products, services, content, applications and members on the Site.

ARTICLE 3- DEFINITIONS

Site: It refers to the website where various services and content are offered, named https://demontha.com/.

Member: Refers to the real person who is a member of https://demontha.com/ pursuant to this agreement and purchases the products and/or services offered for sale on the site.

Agreement: This means the membership agreement between the member and DEMONTHA, which regulates the use of the site and the mutual obligations of the parties.

My Account Tab: Refers to the Member-specific page, which can be accessed with the user name and password determined by the member, where the member enters his personal information in order to benefit from various applications and services on the site.

Cookie Policy: To improve the services offered to the members by increasing the functionality and performance of the Site, to personalize the shopping experience of the Member, to make developments and improvements according to the preferences and tastes of the Member for the next uses, in line with the content displayed by the Member on the site and the information about his visits, refers to the cookies used to ensure the legal and commercial security of the site and the Member and the text containing the management of these cookies.

Privacy Policy: It refers to the text that contains information about which personal data of the Member is processed, the legal reasons for the processing, the ways in which the data is collected, the purposes and purposes of processing the data.

It also includes the information to which third parties your personal data is transferred, for what purpose and for how long.

ARTICLE 4- RIGHTS AND LIABILITIES OF THE PARTIES

4.1. MEMBER’S RIGHTS AND LIABILITIES

4.1.1. The membership relationship between the parties will be established by entering the membership information and password by the member, ticking the box regarding the acceptance of this membership agreement and/or clicking the Register button, and then confirming the registration process by the seller.

The member accepts, declares and undertakes that the information she has given during the membership process is correct and up-to-date, and that member is personally responsible for all damages that may arise due to incomplete or inaccurate information.

4.1.2. The member states that he has read and understood the privacy policy presented on the website by DEMONTHA with the establishment of this membership agreement, and that he has the right and authority to withdraw his explicit consent for the processing and/or transfer of personal data processed and/or transferred based on his explicit consent, at any time. ; He accepts, declares and undertakes that he has been informed about the legal rights granted to him and how he can use these rights.

4.1.3. The password needed for the realization of membership transactions will be determined by the Member and the Member will be personally responsible for the use, management, security and confidentiality of all information, including the user name and password that allows the use of his personal profile. The member accepts, declares and undertakes that he will not share his username and password with third parties under any circumstances and will not transfer his user account to third parties..

4.1.4. The member states that the transactions carried out with his/her user name and password are carried out by him/her, the responsibility arising from these transactions belongs to him/her, he/she cannot claim any def and/or objection that he/she did not perform the works and transactions carried out on his/her own account, and this def and accepts, declares and undertakes that it cannot avoid fulfilling its obligations based on objections. The member accepts, declares and undertakes to contact DEMONTHA immediately if he knows or thinks that his username or password has been taken over by someone else.

4.1.5. The member accepts, declares and undertakes that he will act in accordance with the provisions of this Agreement and the current legislation while benefiting from the services offered to him through the site and in all transactions and correspondence he will perform on the site, and that he will not use the site in an unlawful and unethical manner, especially in the following cases.

  1. Using the Site for the purpose of creating, controlling, updating or changing a database, record or directory on behalf of any person,
  2. Using all or part of the Site for the purpose of disrupting, modifying or reverse engineering,
  3. Making transactions using false information or another person’s information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and the creation of these accounts in accordance with the Membership Agreement or in force. being used in violation of the legislation, unauthorized use of another Member’s account, being a party or participant in transactions by impersonating another person or under a wrong name;
  4. If a place is given; comment and rating section; Used for purposes such as posting comments on the Site outside of the Site or used for purposes other than those used to manipulate systems;
  5. If place is given; In the comment section, the subject of which constitutes a crime, causes or encourages the violation of the rules on the website, relevant legislation or international agreements, contains illegal, threatening, advertising and / or marketing content, offensive, insulting and abusive, humiliating, Any sharing that is defamatory, vulgar, pornographic or immoral, contrary to generally accepted rules, contrary to personal rights, intellectual and industrial rights, creating unfair competition and/or similar;
  6. Spreading a virus or any other technology that is harmful to the Site, the Site’s database, any content on the Site, (By breaching this provision, you are committing an offense under the Computer Abuse Act 1990. We will report any such breach to the appropriate law enforcement authorities and We will cooperate with these authorities by revealing your identity to them.In the event of such a breach, your right to use our site will cease immediately.
  7. Engaging in activities that will create unreasonable or disproportionately large downloads on the communications and technical systems determined by the Site or harm the technical operation, automatic programs, robots, web crawlers, spiders, data mining on the Site without the prior written consent of DEMONTHA. Using “screen scraping” software such as data mining) and data crawling and other methods including but not limited to copying, publishing or using all or part of any content on the Site without permission.
  • Any program, virus, software, unlicensed product, trojan horse, etc. that may harm the Member Site. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, in order not to contain harmful codes. The member also accepts, declares and undertakes that he will not enter the My Account Page with robot or automatic login methods.
  • In case the Member uses the Site in violation of any clause in the Agreement, DEMONTHA has the right to prevent the Member from using the Site in whole and/or part of it partially and/or completely.

4.2. DEMONTHA’S RIGHTS AND LIABILITIES

 4.2.1 DEMONTHA reserves the right to reject membership applications or impose additional terms and conditions for membership applications at its sole discretion, without providing any justification.

4.2.2. DEMONTHA has the right to make changes in all kinds of policies and agreements, including the services offered on the site, this Membership Agreement, the Privacy and Cookie Policy on the Site, without giving any reason and without notice, within the legal framework. The amendments to be made will be binding for the Parties as of the date of publication, the remaining provisions will remain in effect and continue to have their provisions and consequences.

4.2.3. Direct or indirect material and/or moral, negative and/or positive damages that may arise from entering the Site, using the Site or the information, data and programs on the Site, breach of contract, tort or other reasons. DEMONTHA and the Company’s board of directors, directors, employees and the people who prepared the information on this site are not responsible. DEMONTHA, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption.

4.2.4. DEMONTHA, by the Member, against the Membership Agreement, the law and general morality, threatening, wrong, misleading, provocative, demeaning, violating confidentiality, obscene, pornographic, abusive, discriminatory, criminal, violating the rights of any party, In case of detection of messages or content that may lead to legal liability or otherwise unacceptable by DEMONTHA, it has the right to remove these messages and contents from access at any time.

4.2.5. DEMONTHA, the name and Internet Protocol (IP) address of the internet service provider used by the users to access the site in order to detect and eliminate the problems that may occur in the system related to the site, to improve and develop the website and the system, the date and time of the access to the site, the accessed time on the site. has the right to collect certain information such as pages and the internet address of the website that provides direct connection to the site, provided that it fulfills the legal requirements.

ARTICLE 5LINK TO THE WEBSITE

You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site. Any other linking to our site is prohibited without our prior written consent. You must not establish a link to our site:

  • in a way that is not fair or legal or which damages our reputation or takes advantage of it;
  • in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
  • in any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above.

You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than permitted in these Terms of Use, please contact info@demontha.com

Third party links and resources in our site:

Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

MADDE 6- PRIVACY

DEMONTHA will be responsible for the processing, security and protection of the personal data provided by the Member through the Site in accordance with the legislation. In this context, DEMONTHA accepts, declares and undertakes that it will collect, process, use, store and transfer the personal data provided by the Member limited to the purposes specified in the Privacy Policy and in accordance with this policy and the Cookie Policy.

ARTICLE 7- INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights of all audio, visual, written materials and content on the site, including names, brands, logos, designs, graphics, visuals and pictures, belong to DEMONTHA. Without the direct and/or written permission of DEMONTHA, the member may not copy, publish, distribute, transmit, modify or otherwise use any content on the Site. Otherwise, the Member will be responsible for all kinds of damages incurred/incurred by DEMONTHA and any compensation amount requested from DEMONTHA due to the damages incurred by the licensors and/or third parties, court expenses, attorney fees and all kinds of legal costs and damages. will be liable to pay the costs immediately.

 ARTICLE 8- FORCE MAJEURE

Natural disaster, epidemic, strike, government, law and law changes, uprising, embargo, riot, occupation, war, mobilization, strike, lockout, business actions or boycotts, cyber attack, communication problems, infrastructure and internet failures, system improvement or renovation works and malfunctions that may occur for this reason, power cut, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster, any administrative and/or judicial decision or similar actions that will prevent access to the Site. If events beyond DEMONTHA’s control prevent or delay DEMONTHA from fulfilling its obligations arising from this membership agreement, DEMONTHA will not be held responsible for the fulfillment of its obligations and this will not be considered as a breach of the contract.

ARTICLE 9- INTERPRETATION OF THE AGREEMENT

The determination of any article, sub-article or provision of this Agreement other than its essential elements to be invalid or legally unenforceable will not affect the applicability or validity of the other article, sub-article or provisions of this Agreement.

In such a case, any article, sub-article or provisions of this Agreement that are found to be invalid or legally unenforceable in all respects will be interpreted and executed as if they were removed from the text of the Agreement.

Privacy Policy and Cookie Policy will also be interpreted with this Agreement as an integral part of this Agreement.

ARTICLE 10- CANCELLATION OF MEMBERSHIP AND TERMINATION OF THE AGREEMENT

Each of the parties may terminate this agreement unilaterally at any time.In case the Member violates any or all of its obligations arising from this contract, DEMONTHA will unilaterally terminate this contract and cancel the Member’s membership without any notification and without any justification. It also reserves the right to freeze or cancel it partially or completely.

ARTICLE 11- MISCELLANEOUS PROVISIONS

Evidence Agreement: The Member, without prejudice to the MEMBER’s right to present other evidence in disputes that may arise from this Membership Agreement; It accepts that DEMONTHA’s official books and commercial records and e-archive records kept in DEMONTHA’s database and servers, electronic information, electronic correspondence and computer records will constitute binding and conclusive evidence and this article is in the nature of an evidential contract.

Assignment of Membership Agreement: The Member cannot transfer its rights or obligations under this Membership Agreement, in whole or in part, without the prior written consent of DEMONTHA.

 Replacement and Waiver: The failure of one of the parties to exercise any of the rights granted to it by the Membership Agreement does not mean that it waives this right or does not prevent the further exercise or implementation of this right.

MADDE 12-APPLICABLE LAW

Turkish Law shall apply to the implementation and interpretation of this Agreement, as well as to any disputes arising from this Agreement.

In case of disputes arising from this Agreement:

If the Member is a Consumer; the Consumer Arbitration Committees and Consumer Courts located in the Member’s place of residence and where the Services took place, up to the value declared by the Ministry of Customs and Trade, in accordance with Article 68/1 of the Law on Consumer Protection No. 6502, shall have jurisdiction.

If the Member is a Merchant and/or Public Legal Entity; Istanbul Courts and Execution Offices shall have jurisdiction.

ARTICLE 13- NOTIFICATION

 The address specified in this contract by DEMONTHA and the e-mail address notified by the Member to DEMONTHA will be considered as valid addresses for any notification to be made regarding the contract. These addresses will be accepted as the addresses of the parties suitable for notification, and the notification made to the specified addresses will be accepted as a valid notification made in accordance with the procedure.

Effective Of Agreement: This Agreement consists of 13(thirteen) articles, has been read by the Parties, and has been concluded and entered into force by being approved by the customer in electronic environment.

 

PRIVACY POLICY

Last Updated: 1 January 2024

At Demontha, we are committed to your privacy. This policy describes the information we collect, how we use it, and your rights and choices. By using any of our websites, or sharing your information with us, you are accepting and consenting to the practices described in this Privacy Policy. Please remember that your use of the Website is also subject to our Terms of Use. This policy only applies if you interact with us as a consumer. If you are a resident out of Turkey which our country based, please review our State Region Specific Privacy Policy to learn more about our privacy practices that apply to you.

Overview

In this section, we provide a brief overview regarding the types of information we collect, how we use it, whether we sell it, and how long we keep it. We provide more detail in the sections that follow.

What personal information do we collect?

We collect the following categories of personal information: Identifiers, Geolocation Data, Financial Information, Demographic Information, Audio or Visual Information, Internet or Other Electronic Network Activity Information, and Commercial Information.

How do you use my information?

We use your information to facilitate purchases, offer services, send promotional communications, improve our services, offerings, and customer relations, and administer your account. We also use it for analytics and legal and fraud prevention purposes.

Do you sell or share my information?

While we do not share consumer data in exchange for Money, as that term is defined under US Privacy Laws.

How long do you keep my information?

We retain your information for the period specified in our retention policy, unless legally required to keep it longer.

With this policy, we want to be transparent and open to you about the data and information we collect from you, how and for what purpose we collect it, how we use it, with whom we share it, and the controls we offer you to access, update and delete your information. If you still have questions about anything in our Privacy Policy, you can contact us.

 Company Name  GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
 Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY

Sources of Information We Collect

We collect information from the following sources:

You: we collect identifiers, like contact and shipping information; demographic information; financial information, like payment information; commercial information; audio recordings via customer service calls; and geolocation when you opt to pick up online purchases in store from you.

Third Parties and Service Providers: we collect identifiers, such as contact information, as well as demographic information from industry data consortiums and other third party data aggregators.

Passive/Technical Collection: we collect internet or other electronic activity, such as your interactions with our Website, using technologies such as cookies and from certain service providers, as well as using tools such as Google Analytics or Adobe Analytics (you can learn more about how they use data, and how you can control it, by reviewing Adobe’s Privacy Policy and Google’s Privacy Policy); we also collect geolocation data from your devices when you connect to store Wi-Fi or buy online and pick up in store, as described above
Here’s a little more detail on each of these categories.

Identifiers: first and last name, email address, mailing address, ZIP code, phone number

Geolocation Data: general location based on IP address; more precise location if you connect to Online Shopping.

• Note that collection of precise geolocation data may be deemed “sensitive” under certain U.S. state privacy laws; in order to collect data through Wi-Fi connections, you must connect to our store Wi-Fi, and then we use a service provider to collect certain device information, like device ID and location; additional personal information is only collected if you consent to that collection; to learn more about customer location and your choices from our service providers, visit www.smart-places.org.

• If you do not consent to precise geolocation, do not connect to our store Wi-Fi or share with us that you have arrived at the store for a pickup.

Financial Information: credit card, debit card and bank account information.

Demographic Information: information about your household and dwelling, gender, age range, income range, and other demographic information
Audio or Visual Information: customer service audio and security video recordings.

Internet or Other Electronic Network Activity Information: IP address, user agent, and activity on and interaction with our Website, including via managed chat or chatbot functions.

Commercial Information: information about products or services you purchased, or considered buying, from us.

How We Use Your Information

We may use your information in the following ways:

To facilitate your purchases: we may use identifying, financial, and commercial information to process your order and payment, connect that order to your account, ship the order, provide you with technical support and assistance, and communicate with you about the purchase via phone, managed chat, text, email, or other means.

To offer services: we may use your identifying and commercial information to offer you services such as a Gift Registry, Design Services, the Trade Program, or customer service support (e.g., via email, phone, text, or chat); we use your precise geolocation to bring your purchase to your car when you opt to use our Buy Online.

To send you promotional communications: we may use your identifying and commercial information to contact you by email, send you a push notification on your phone, or mail you our catalogs to inform you about products, services, and promotions that we think will be of interest to you.

To improve our services, offerings, and customer relations: we use your internet or other electronic network activity information to understand how our services are used, including how you interact with our Website and advertising, in order to make improvements to our Website; we also use commercial information and information you provide to us through feedback, surveys, suggestions, and other communication channels to provide you with a more personalized shopping experience and to improve our services, offerings, and customer relations.

In connection with your account: there are certain scenarios in which orders you place while not logged into your online account will be visible in your account order history; in particular, online orders placed as a guest, orders placed with the call center, and orders placed in store will be visible in your online account order history if an email address provided during the transaction matches the email address associated with the online account, or if you paid using a credit card that is a saved payment method in the online account.

For analytics: we use your identifying information, internet or other electronic network activity, commercial information, demographic information, and geolocation data to analyze preferences, trends, and statistics.

For legal and fraud prevention purposes: we may use your information to comply with our legal obligations, protect your rights, our rights, and others’ rights, and prevent fraud and abuse.

How We Share or Disclose Your Information

We may share or disclose your information in the following ways:

Online advertising: we contract with trusted partners to provide more tailored advertising relevant to your interests, such as by placing our banner advertising on other websites. These companies collect information from us about your visits to our Websites and stores, and your interaction with our products and services. We may track this information across the different devices you use to access the Websites. These companies do not collect EU IP addresses for the purpose of advertising, and we do not place banner advertising on other websites for customers identified as being from EU locations.

Sharing with vendors: in order to serve you better, we may contract with other companies to help us process information and to provide us with other services. Their assistance can help us fulfill customer orders, manage, store, enhance, and analyze customer data, send marketing, run promotions, and provide other services. For instance, when you order a large furniture item, we may send your name, address, email address and phone number to our shipping vendor, allowing you to access their online delivery scheduling system. Our shipping service providers use your information strictly to coordinate and complete your shipment. We may also store customer service communications such as texts or chats with a trusted service provider. A service provider may also store information about your interactions with our website for analytics purposes.

Prevent fraud and abuse: we review transactions internally on a regular basis to identify potential concerns, and we partner with select outside companies to further enhance our ability to ensure that fraudulent orders and/or potentially damaging worms, viruses, and other types of malware do not interfere with our ability to provide the best possible products, value, and services to you and to our other valued customers.

Protect your rights: we will share information in an emergency or to protect the safety of any person and if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
Protect our rights and comply with our legal obligations: we cooperate with government and law-enforcement officials and private parties to enforce and comply with the law. We may disclose personal information and any other information about you to government or law-enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas); to protect our safety, property or rights or those of any third party; to prevent or stop any illegal, unethical, or legally actionable activity; or to comply with the law.

Your Rights & Choices

Consistent with our commitment to respecting your privacy, we want to provide you with more details on your rights and choices concerning your personal information.

Rights

Some rights are only legally required in certain states. However, because privacy and transparency are top priorities for us, we will endeavor to provide these rights to all customers. We reserve the right to update this policy at any time.

Right to Know: you can ask us to give you information about our collection and use of your personal information. Specifically, you can request we provide you one or more of the following: the categories of personal information we collected about you; the categories of sources from which we collected your personal information; our purposes for collecting or sharing your personal information; the categories of third parties to whom we disclose your personal information; and the specific pieces of personal information we collected about you. You can also ask that we provide you a copy of your information in a commonly used, machine-readable format.

Right to Delete: you can ask us to delete your personal information that we collect or maintain about you. Deletion may consist of de-identifying your information, as permitted by law.

Right to Correct: you can ask us to correct any inaccurate personal information that we have about you.

Right to Opt-Out of Sales: you can ask us to not sell your information.

Right to Opt-Out of Targeted Advertising: you can ask us not to make your information available to third parties for cross-context behavioral advertising (a concept generally known as targeted advertising).

For residents of California, Colorado, Connecticut, and Virginia, Canada, Europe Union, Japan, Republic of South Korea, if we did not honor your request in full, you can file an appeal by contacting us at info@demontha.com.

In the subject line, please write: Data Subject Right Appeal – [Full Name]. The body of the email should include: (1) your name, (2) the date of the decision you are appealing, and (3) an explanation for why you disagree with that decision. We will contact you if we need more information.

How Long We Keep Your Information

We maintain an internal data retention policy, which reflects retention schedules that are reasonably necessary and proportionate to achieve the purposes for which data was collected. We will dispose of data in accordance with that policy. Note that we may need to keep information longer in certain circumstances, such as when it is required for legal compliance.

Dispute Resolution and Waiver of Certain Rights

We are committed to resolve complaints about your privacy and our collection or use of your personal information. Please direct your inquiries or complaints to info@demontha.com.

Please refer to our Terms of Service for details about dispute resolution, and waiver of certain rights.

Privacy Policy Updates

Our efforts to bring you new services, ideas, and partners may make it necessary to amend our Privacy Policy. We will notify you of such changes by posting a notification on our Website or by other means.

GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ appointed Miraç Bektaş as the Turkey representative. You can contact the representative at the following address or via the Data Subject Application Form on the site:

 Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
 Phone  +90 212 675 03 45 / +90 554 994 34 57
 Fax  +90 212 670 02 53
 E-mail  info@demontha.com

 

STATE REGION SPECIFIC PRIVACY POLICY

California – Nevada – Virginia –  Connecticut – Colorado

Canada

Republic of South Korea

Japan

Mexico

Europe Union

Turkey

 

California Privacy Notice

Last Updated: December 1, 2023

We’ve created this California Privacy Notice (“Notice”) specifically for California residents. California residents have certain privacy rights as specified under California law, including the California Consumer Privacy Act of 2018 (“CCPA”). Our Privacy Principles and the privacy controls we offer to all users are in line with these laws—this Notice makes sure we cover the California-specific requirements. For example, all users can request a copy of their data, request deletion, and control their privacy settings in the website. For the full picture, check out our Privacy Policy.

We’ll start with a summary of your rights and get into the details later.

You have the right to know whether we sell your data and opt-out of a sale if we do. Good news! We don’t sell your data.

You have the right to receive an overview of the personal information we collect, how we use it, and who we share your data with.

You can request access to your data, get a copy, and ask us to delete your personal information. Please review your California rights below. You or your authorized agent can always contact us if you have a question.

Your Rights

Let’s start with your rights.

  • Right to know what personal information we collect. You have the right to request details on the specific personal information we’ve collected about you. We provide this information in our Privacy Center, but you can also get this information by contacting us. In addition, you can request a copy of your data here or directly through the settings in the website.
  • Right to know who we share your data with. We do not sell your data, but we do share your information with others for legitimate business purposes. For example, we use service providers to store and host your data. See the Sharing Your Information section below for more details.
  • Right to deletion. You have the right to request deletion of your data, unless an exception applies. Examples of exceptions include when we need to keep data to meet legal obligations, detect fraud, investigate reports of abuse or other Terms of Service violations, or fix security issues. Upon your verified request, we’ll delete your personal information (unless an exception applies) and will direct our service providers to do the same.
  • Get a timely response. You have the right to make two free requests in any 12-month period. We will respond to your request within 45 days, and in more difficult cases we may extend our response time by another 45 days. Our support team is pretty great, so they tend to respond a lot quicker. The easiest way to get information is by following the instructions above, but you or your authorized agent can also email privacy info@demontha.com.
  • Non-Discrimination. It goes without saying, but we will not hold it against you when you exercise any of your rights. In fact, we encourage you to review your privacy settings closely and reach out to us with your questions.

The easiest way to exercise your rights is by logging into your account so we can verify your identity. You can also email us, but then we’ll require some additional information to authenticate your identity and ownership of your account.

Information We Collect

As detailed in our Privacy Policy, we collect personal information for a wide range of purposes, but the main reason we collect information is to offer you the best possible products and services. Privacy by design is the starting point. This means we make sure we don’t collect more information than necessary or collect information for purposes that are different, unrelated, or incompatible with what’s detailed in our Privacy Policy.

Sharing Your Information

We may share your personal information to a third party for a business purpose or at your direction. For example, we share your personal information with our data hosting and storage providers. We enter into agreements with our service providers in which they can only use your information for specific purposes and are required to ensure its confidentiality.

In the past 12 months, we’ve disclosed categories A-H for a business purpose or at your direction with our affiliates, service providers, and third-parties. For more details on third parties we share data with, see the How We Share Information section in our Privacy Policy.

Right of Withdrawal from Sale

This is very easy. We do not sell your data, so we do not process opt-out requests for the sale of consumer data or collect metrics about them.

As we are a newly established website, we do not have a Transparency Report yet.

 

Nevada Privacy Notice

Last Updated: December 1, 2023

We’ve created this notice specifically for Nevada residents. Nevada residents have certain privacy rights as specified under Nevada law. Our Privacy Principles and the privacy controls we offer to all users are in line with these laws – this notice makes sure we cover the Nevada-specific requirements. For the full picture, check out our Privacy Policy.

Do not sell notice,

We do not sell your covered information, as defined under Chapter 603A of the Nevada Revised Statutes. If you still have questions about your covered information or anything else in our Privacy Policy, just contact us.

 

Colorado Privacy Notice

Last Updated: December 1, 2023

The Colorado Privacy Act (the “CPA”) applies solely to Colorado consumers who interact with us in an individual or household capacity. This Colorado Notice uses certain terms that have the meaning given to them in the Colorado Privacy Act (the “CPA”).

If you are a Colorado consumer who interacts with us in an individual or household capacity (and not in a commercial or employment context), you may have the right to:

(1) request access to, correction of or deletion of your personal data;

(2) opt-out of the processing of your personal data for purposes of targeted advertising or the sale of your personal data. In addition, you may have the right to obtain your personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the personal data to another entity.

 

Connecticut Privacy Notice

Last Updated: December 1, 2023

Connecticut residents can exercise the following rights by going to the footer of our website:

  • Request to Access My Personal Information
  • Delete My Personal Information
  • Correct My Personal Information

Connecticut residents can exercise the following rights by going to the footer of our website.

  • Opt Out of the Processing of My Personal Information for Purposes of Targeted Advertising
  • Opt Out of the Sale of My Personal Information

If we decline to take action on one of your rights as a Connecticut resident, you can submit an appeal by following the instructions in the website, you can also sent and email to our authorized agent info@demontha.com.

 

Virginia Privacy Notice

Last Updated: December 1, 2023

Virginia residents can exercise the following rights by going to the footer of our website:

  • Request to Access My Personal Information
  • Delete My Personal Information
  • Correct My Personal Information

Virginia residents can exercise the following rights by going to the footer of our website.

  • Opt Out of the Processing of My Personal Information for Purposes of Targeted Advertising
  • Opt Out of the Sale of My Personal Information

If we decline to take action on one of your rights as a Virginia resident, you can submit an appeal to our authorized agent info@demontha.com.

 

Canada Privacy Notice

Last Updated: December 1, 2023

We’ve created this notice specifically for users in Canada. Users in Canada have certain privacy rights as specified under Canadian law, including the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s Anti-Spam Legislation (CASL) Canada Definition of Personal Information. Our Privacy Principles and the privacy controls we offer to all users are in line with these laws – this notice makes sure we cover the Canada-specific requirements. For example, all users can request access, request deletion.

Data controller

If you’re a user in Canada, you should know that GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ is the controller of your personal information.

Rights of Access

Upon request, an individual you are able to be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. You can exercise your rights of Access as described in the “Control over your information” section of the Privacy Policy.

Rights of Rectifation

An individual you are able to challenge the accuracy and completeness of the information and have it amended as appropriate.

Right to be forgotten

Depending upon the nature of the information challenged, amendment involves the correction, deletion, or addition of information. You can exercise your rights of to be forgotten as described in the “Control over your information” section of the Privacy Policy.

A business should not normally charge for carrying out a request. However, it can charge a small fee if an estimate is provided to the individual beforehand.

Bases for using your information

Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and, at our website, we typically rely on one of four:

  • Contract. One reason we might use your information is because you’ve entered into an agreement with us. For example, we need some of your information to build a membership, to purchase and use the rights under this purchase.
  • Legitimate interest. Another reason we might use your information is because we have—or a third party has—a legitimate interest in doing so. For instance, we need to use your information to provide and improve our services, including protecting your account, providing customer support in regard to your purchases. An important point to understand about legitimate interest is that our interests don’t outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data doesn’t significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.
  • Consent. In some cases we’ll ask for consent to use your information for specific purposes.
  • Legal obligation. We may be required to use your personal information to comply with the law, like when we respond to valid legal process or need to take action to protect our users. Our policy is to notify website visitors/members, subject to some exceptions, if we receive a legal notice requesting account information.

Your right to object

You have the right to object to our use of your information. With many types of data, we’ve provided you with the ability to simply delete it if you don’t want us processing it any more. For other types of data, we’ve given you the ability to stop the use of your data by disabling the feature altogether. You can do these things in the website. If there are other types of information you don’t agree with us processing, you can contact us.

Complaints or questions?

We want you to know that you can submit any enquiries to our privacy support team or Data Protection Officer info@demontha.com. You also have the right to file a complaint with The Office of the Privacy Commissioner (OPC).

 

Republic of South Korea Privacy Notice

Last Updated: 1 January 2024

We’ve created this notice specifically for users in the Republic of Korea. Users in the Republic of Korea have certain privacy rights as specified under Republic of Korea law, including the Personal Information Protection Act. Our Privacy Principles and the privacy controls we offer to all users are in line with these laws—this notice makes sure we cover the Republic of Korea-specific requirements. For example, all users can request a copy of their data, request deletion, and control their privacy settings in the website. For the full picture, check out our Privacy Policy.

Data Controller

If you’re a user in the Republic of Korea, you should know that Demontha is the controller of your personal information.

Personal Information Collected

Please refer to the Information We Collect section of the Privacy Policy.

Purpose of Handling Personal Information

Please refer to the Information We Collect section of the Privacy Policy.

Disclosure of Personal Information to Third Parties

Certain third-party service providers, may perform functions on behalf of GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ may have access to your personal information as needed to perform those functions.

Procedures and Methods of Destruction of Personal Information

As described in our Privacy Policy, if you ever decide to stop being member of our website, you can just ask us to delete your account. After your account is deleted, your data will continue to be stored anonymously for 2 years. When we destroy your data, we will take commercially reasonable and technically feasible measures to ensure the personal information is permanently deleted.

Your Rights

We want you to be in control of your information, so we provide you with a number of rights regarding your personal information. Please refer to the Your Rights heading of the Privacy Policy.

International Data Transfers

To provide our services to you, we may collect your personal information from, transfer it to, and store and process it in other countries outside of where you live. Whenever we share information outside of where you live, we ensure that the transfer complies with your local law so that your personal information is adequately protected.

  • Country to Which Personal Information Is Transferred: Turkey
  • Transfer Date and Method: Transferred on submission for storage and processing
  • Personal Information Transferred: Please refer to the Information We Collect section of the Privacy Policy
  • Retention of Personal Information: Please refer to the How We Store Your Information heading of the Privacy Policy.

 Department in Charge of Protecting Personal Information and Handling Complaints

You can send any questions to the Data Protection Officer at info@demontha.com

 

Japan Privacy Notice

Last Updated: 1 January 2024

We’ve created this notice specifically for users in Japan. Users in the Japan have certain privacy rights as specified under Japan law, including the Japan’s Act on the Protection of Personal Information (APPI). Our Privacy Principles and the privacy controls we offer to all users are in line with these laws—this notice makes sure we cover the Japan-specific requirements. For example, all users can request to be informed, deletion, and control their personel information in the website. For the full picture, check out our Privacy Policy.

We grant for the residents of Japan the following rights over their personal information under the Japan’s Act on the Protection of Personal Information (APPI).

Data controller

If you’re a consumer in Japan, you should know that GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ is the controller of your personal information.

The right to access, correction or amendment, suspension and deletion

We as the personal information organization, hold about you, including the purposes for collecting it and any third parties who may have access to your data.

You have the right to request correction or amendment of your personal information if it’s inaccurate, incomplete, or outdated.

You have the right to request the suspension of the use or disclosure of personal information or if they believe it’s being handled unlawfully.

You have the right to request the deletion of their information in certain circumstances, such as when the data is no longer necessary for the purpose for which it was collected.

Consent: we will obtain explicit consent if we intend to use your personal information beyond the extent of its predetermined purposes, as well as before collecting and handling special care-required information.

Data Breach Notifications: In the event of a data breach that affects at least 1,000 individuals, we must notify the affected individuals and the PPC, providing relevant details of the breach. We also also promptly take recommended actions to reduce damages and prevent future breaches.

Security Measures: We implement robust data security measures to protect personal information from unauthorized access, loss, destruction, alteration, and leakage.

Data Subject Requests: We are using measures to promptly honor consumers’ privacy rights upon request, including access, correction, suspension, and deletion of their personal information.

Cross Border Data Transfers

To provide our services to you, we may collect your personal information from, transfer it to and store and process it in the other countries outside of where you live. Whenever we share information outside of Japan, we ensure that the transfer complies with your local law so that your personal information is adequately protected.

  • Country to which personal information is transferred:Turkey
  • Transfer date and method:Transferred on submission for storage and processing.
  • Personal information transferred:Please refer to the Information we collect section of the Privacy Policy.
  • Retention of personal information:Please refer to the How long we keep your information section of the Privacy Policy.

 Complaints or questions?

We want you to know that you can submit any enquiries to our privacy support team or Data Protection Officer info@demontha.com. You also have the right to file a complaint with Personal Information Protection Commission (PPC),

 

Mexico Privacy Notice

Last Uptated: 1 January 2024

We’ve created this notice specifically for users in Mexico. Users in Mexico have certain privacy rights as specified under Mexican law, including the Ley Federal de Protección de Datos Personales en Posesión de los Particulares. Our Privacy Principles and the privacy controls we offer to all users are in line with these laws – this notice makes sure we cover the Mexico-specific requirements. For example, all users can request a copy of their data, request deletion and control their privacy settings in the app. For the full picture, check out our Privacy Policy.

Data controller

If you’re a user in Mexico, you should know that GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ is the controller of your personal information.

Rights of access, rectification and cancellation

You can exercise your rights of access, rectification and cancellation as described in the Information We Collect section of the Privacy Policy.

Your right to object or challenge

You have the right to object to or challenge our use of your information. With many types of data, we’ve provided you with the ability to simply delete it if you don’t want us processing it any more. For other types of data, we’ve given you the ability to stop the use of your data by disabling the feature altogether. If there are other types of information you don’t agree with our processing, you can contact us.

 

EEA Privacy Notice

Last Updated: 1 January 2024

This notice provides additional information for users in the European Economic Area (EEA). Users in the EEA have certain privacy rights as specified under EU law, especially the General Data Protection Regulations (GDPR). Our Privacy Principles and the privacy controls we offer to all users are in line with these laws—this notice makes sure we cover the EEA-specific requirements. For example, all users can request a copy of their data, request deletion, and control their privacy settings in the website. For the full picture, check out our Privacy Policy.

Data controller

If you’re a user in Canada, you should know that GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ is the controller of your personal information.

Rights of Access, Deletion, Correction, and Portability

You can exercise your rights of access, deletion, correction, and portability as described in the Control Over Your Information section of the Privacy Policy.

Bases for Using Your Information

Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and, at our website, we typically rely on one of four:

  • Contract. One reason we might use your information is because you’ve entered into an agreement with us. For example, we need some of your information to build a membership, to purchase and use the rights under this purchase.
  • Legitimate interest. Another reason we might use your information is because we have—or a third party has—a legitimate interest in doing so. For instance, we need to use your information to provide and improve our services, including protecting your account, providing customer support in regard to your purchases. An important point to understand about legitimate interest is that our interests don’t outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data doesn’t significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.
  • Consent. In some cases we’ll ask for consent to use your information for specific purposes.
  • Legal obligation. We may be required to use your personal information to comply with the law, like when we respond to valid legal process or need to take action to protect our users. Our policy is to notify website visitors/members, subject to some exceptions, if we receive a legal notice requesting account information.

 Your Right to Object

You have the right to object to our use of your information. With many types of data, we’ve provided you with the ability to simply delete it if you don’t want us processing it anymore. For other types of data, we’ve given you the ability to stop the use of your data by disabling the feature altogether. If there are other types of information you don’t agree with us processing, you can contact us.

Complaints or Questions?

We want you to know that you can submit any inquiries to our privacy support team or Data Protection Officer at info@demontha.com You also have the right to file a complaint with the supervisory authority in the EEA you can file a complaint with the Information Commissioner’s Office.

 

Turkey Privacy Notice

Last Updated: 1 January 2024

We’ve created this notice specifically for users in Turkey. Users in Turkey have certain privacy rights as specified under Turkish law. Our Privacy Principles and the privacy controls we offer to all users are in line with these laws — this notice makes sure we cover the Turkey-specific requirements. For example, all users can request a copy of their data, request deletion and control their privacy settings in the website. For the full picture, check out our Privacy Policy.

Data Controller

If you’re a user in Turkey, you should know that GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ, located IOSB Keresteciler Sitesi / 17. Sk No: 2 / 34490 – Başakşehir / İstanbul / TURKEY is the controller of your personal information.

Personal information collected

Please refer to the Information we collect section of the Privacy Policy.

Purpose of handling personal information

Please refer to the How we use information section of the Privacy Policy.

Your Rights

We want you to be in control of your information, so we provide you with a number of rights regarding your personal information. These rights are listed below.

  • learning to process personal data,
  • request information about processing,
  • learning the suitability of the processing,
  • knowing the transferees,
  • requesting correction of incomplete or incorrect processing,
  • requesting deletion or destruction,
  • requesting that all automatic transactions be notified to third parties,
  • objecting to the analysis, demanding compensation for the damage.

 Please rewiev the Your Rights section of the Privacy Policy.

International Data Transfers

To provide our services to you, we may collect your personal information from, transfer it to and store and process it in the other countries outside of where you live. Whenever we share information outside of where you live, we ensure that the transfer complies with your local law so that your personal information is adequately protected.

  • Country to which personal information is transferred: Turkey
  • Transfer date and method: Transferred on submission for storage and processing.
  • Personal information transferred: Please refer to the Information we collect section of the Privacy Policy.
  • Retention of personal information: Please refer to the How long we keep your information section of the Privacy Policy.

 Commercial Electronic Message

We process your phone number, Device ID Information, IP Address Information due to your sharing and consent during the user account creation, purchase and order process in the website.

This information is processed through your device, if you register to our application, you select the GSM status during registration and the device you log into the website.

Our purpose for processing this information is to improve our website and your experience.

The purpose of processing this information;

  • To be able to send you general or personalized information, promotions, marketing activities information via communication means such as SMS and Email Notifications.
  • Sending invitations to general/special campaigns, invitations and other events conducted, surveys related to our Services, events created and event owners,
  • Conducting research on user satisfaction,
  • To inform the user about the innovations, updates and errors in the website.

Representative

GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ appointed Miraç Bektaş as the Turkey representative. You can contact the representative at the following address or via the Data Subject Application Form on the site:

 Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
 Phone  +90 212 675 03 45 / +90 554 994 34 57
 Fax  +90 212 670 02 53
 E-mail  info@demontha.com

You also have the right to raise a complaint under The Personal Data Protection Law.

DATA SUBJECT APPLICATION GUIDELINES

Last Updated: 1 January 2024

1. GENERAL EXPLANATIONS

As the person whose personal data is processed;

– Access to personal data, (Getting a copy of your processed personal data and information on this matter.)

– Correction of personal data (You can directly update the information by logging in from the My Account section of the website or provide correction by requesting it from us at the addresses below.)

– Deletion of personal data, (You can request deletion of your personal data in cases where there is no valid reason for us to continue processing. However, we reserve the right to refuse this request if there are certain legal reasons.)

– Restricting the processing of personal data, (You can request the suspension of the processing of your personal data. However, when we need to determine the accuracy of the data or confirm this when you exercise your right of objection, we may need to continue processing some of your data in a measured manner within the scope of our legitimate interest.)

– Transfer of personal data, (You can request a digital copy of your personal data or transfer it to another company. Note, however, that this right only applies to automated data that you initially allowed us to process and used under contracts with us.)

– Informing about the safeguards on the data in case of transferring personal data,

– Objection to the processing of personal data, (You have the right to object to our processing, transfer, etc., as well as to the processing of data processed for marketing purposes only. However, we may refuse your request if we have compelling legitimate purposes that override your rights and freedoms.)

– Requesting human intervention for automated decision making, including profiling, (This form of processing is permitted where appropriate action is taken or with your explicit consent where it is already required as part of our contract with you.)… you have the rights.

2. APPLICATION METHODS

If you have a complaint about the processing of your data or to use your stated rights;

You can contact info@demontha.com or by printing out the Data Subject Application Form below;

  • Bring it in person to IOSB Keresteciler Sitesi / 17. Sk No: 2 / 34490 – Başakşehir / İstanbul / TURKEY,
  • You can send it to the specified address, with a wet-ink signature, through a notary public.

You can find information on how the applications to be made via written and e-mail will be delivered to us from the table below:

Application Method

Address

Explanation

Apply in person (data subject comes in person and applies with a document proving her identity)

IOSB Keresteciler Sitesi / 17. Sk No: 2 / 34490 – Başakşehir / İstanbul / TURKEY

“Information Request within the Scope of Protection of Personal Data” will be written on the envelope.

Application Via Notary Public

IOSB Keresteciler Sitesi / 17. Sk No: 2 / 34490 – Başakşehir / İstanbul / TURKEY

“Information Request within the Scope of Protection of Personal Data” will be written in the notification envelope.

By e-mail (On the condition of using the e-mail address previously notified to the data controller by the data subject and registered in the data controller’s system)

info@demontha.com

“Information Request Within the Scope of Protection of Personal Data” will be written in the subject part of the e-mail.

Applications submitted to us will be answered within one month from the date of receipt of the request by one of the methods specified above, depending on the nature of the request. If necessary, this period may be extended by another two months, taking into account the complexity and number of requests. In case of existence of this issue, you, the applicants, will be notified of the time extension and the reasons for the delay.

Our answers will be delivered to the applicant electronically, unless otherwise requested by you. All kinds of notifications and all kinds of transactions made within the scope of your application will be provided free of charge. However, in cases where the requests are unfounded or disproportionate, especially due to repetition;

We may charge a reasonable fee, taking into account the costs involved in providing the information or notice or performing the requested action or we may refuse to take action on the request.

In these cases, we will indicate in our rejection response that your request is open or unconscionable.

If we doubt the identity of the requester, we may request additional information from you to confirm the identity.

Click here to access the Data Subject Apply Form.

DATA SUBJECT APPLY FORM

Last Updated: 1 January 2024

1. Information on recognizing the applicant data subject and communicating with about application.
 Name Surname  …
 Passport or ID  …
 Address  …
 Phone  …
 E-mail  …
2. Please indicate your relation with our Company. (candidate, employee, supplier, customer, visitor, etc.)

 

3. Information on the Choice of the Right to be Used by the Data Subject
 …  Access to personal data
 …  Correction of personal data
 …  Deletion of personal data
 …  Restricting the processing of personal data
 …  Transfer of personal data
 …  Informing about the safeguards on the data in case of transfer of personal data
 …  Objecting to the processing of personal data
 …  I want my personal data, which I requested to be deleted, to be deleted by the transferred third parties
 …  Requesting human intervention for automated decision making, including profiling
4. Please specify your request within the scope of Protection of Personal Data, the type of data you want to receive information about, the method of transfer, the application, the business process in detail.

 

5. Attachments

Please indicate if there are any documents you would like to support your application.

 

6. Please choose the method of notifying you of our response to your application.
 …  I want it sent to my address
 …  I want it sent to my email address
 …  I want to receive it by hand (In case of receipt by proxy, a notarized power of attorney or authorization document is required.)
7. General Informations

This application form has been prepared to determine your relationship with our company, and if applicable, to accurately identify your personal data processed by our company, in order to respond to your relevant application correctly and within the legal time frame. To eliminate legal risks arising from unlawful and unjust processing/transfer of data, and to ensure the security of your personal data, our company reserves the right to request additional documents and information (such as a copy of an ID card or driver’s license) for identity and authorization verification. Our company does not accept responsibility for incorrect information or unauthorized applications resulting from inaccurate or unauthorized submissions related to your requests conveyed within the scope of this form. The personal data you share in this form will be processed in a limited manner for the purposes of evaluating and concluding your request, managing the entire relevant process, and contacting you for these purposes. Depending on the nature of your request, your information may be disclosed to our lawyers, our partners providing services in complaint management, quality control, auditing, and risk analysis, as well as legally authorized public institutions and private individuals.

8. Data Subject Commitment

I request that my application, made in accordance with the Personal Data Protection, be concluded within the framework specified above. I acknowledge, declare, and undertake that the information and documents provided in this form are accurate, up-to-date, and belong to me.

 Name Surname  …
 Date  …
 Signature  …