This Pre-Order Agreement (“Agreement”) is executed by electronic means, between the person indicated in article 4 ("Orderer"), and ATÜ Turizm İşletmeciliği A.Ş. ("Seller") which is at the address Büyükdere Cad. Bengün Han. No: 107/8 Gayrettepe - Istanbul, under the below mentioned terms and conditions.
2. SUBJECT MATTER
The subject matter of the Agreement is, to specify the rules and procedures for placement of the advance orders by the Orderer, for the products indicated in the Order&Collect ATÜ Duty Free E-Commerce website, which is a part of www.atudutyfree.com website.
For the sale and delivery of the products with below characteristics and sale prices for which the Orderer will place advance orders, Customs Law, the Regulation on Duty Free Shops, and other related legal provisions shall be applied.
Alcoholic drinks, tobacco and tobacco products cannot be sold by the advance order method, thus cannot be the subject matter of this Agreement.
Persons below the age of eighteen cannot place an advance order.
3. SELLER INFORMATION
ATÜ Turizm İşletmeciliği AŞ.
Büyükdere Cad. Bengün Han. No: 107/8 Gayrettepe - Istanbul
Telephone : +90 212 465 43 27
Fax: +90 212 465 42 15
4. ORDERER INFORMATION
Turkish citizens and foreigners who are resident in a foreign country who arrive at the Turkish customs area for any purpose (such as business, employment, education, visit, treatment or tourism), for a short or long term stay, from a foreign country, through land, railroad, seaway or airway; and Turkish citizens and foreigners who are resident in Turkey, who return to Turkey permanently or temporarily from a foreign country where they have traveled for any purpose; and Turkish citizens and foreigners who are traveling abroad from Turkey for the same purposes and by the same means, can place advance orders to purchase products. The Orderer must fill in the information of address, flight no, flight date, telephone, etc. completely.
5. ESTABLISHMENT OF THE AGREEMENT
THE ORDERER AGREES THAT HE/SHE READ AND UNDERSTOOD THE AGREEMENT, AND HE/SHE IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT. THE ORDERER AGREES TO ALL THE CONDITIONS OF HIS/HER FREE WILL, AND THAT HE/SHE HAS A FINAL OPINION THAT THE ACTIVITIES WITHIN THE SCOPE OF THIS AGREEMENT ARE BENEFICIAL TO HIM/HER. THE SELLER AND THE ORDERER AGREE THAT THE PROVISIONS OF THE AGREEMENT DO NOT INCLUDE ANY UNJUST CONDITION, AND THAT THERE IS NO INJUSTICE WITH REGARDS TO THE BALANCE OF BENEFITS.
6. INFORMATION OF THE PRODUCTS THAT ARE THE SUBJECT MATTER OF THE AGREEMENT
For the Good / Product / Service that the ORDERER places an advance order, characteristics such as type, volume, brand/model, color, quantity, sale price, method of payment, etc. are as mentioned below: However, if a change occurs in the sale price and inventory quantity of the product between the date the Orderer places the advance order and the purchase date, the sale price and the inventory quantity as of the sale date shall be considered. The Orderer shall not make any claim from the Seller because the price or the inventory quantity of the product changes between the advance order date and the sale date.
Product's Delivery Method and Time
For the products that the Orderer places an advance order under this Pre-Order Agreement, sale and delivery shall be as follows: Following the entry/exit to/from the country, the Orderer shall appear in person at the duty free shop that is being operated by the Seller, present his/her passport and/or flight documents and pay the amount of the product that was ordered in advance. Then the delivery shall be made at the cashier desk of the Seller.
The Orderer is entitled to retract from the advance order without stating any reason and without being subject to any penalty clause, from the time of execution of this Agreement, until the time the goods are delivered.
Delivery shall not be made by a courier or by any other means. The Orderer can only purchase the products ordered in advance by appearing in person at the Duty Free Shop operated by the Seller that was selected on the website, and by presenting his/her passport and/or flight documents.
7. GENERAL PROVISIONS
7.1. The Orderer declares that he/she has become aware of and read all the information about the basic characteristics, sale price, payment method and delivery method of the product that is indicated in Article 6 and given the necessary confirmation through electronic means.
7.2. The Orderer declares that he/she is aware that the product which is the subject matter of the Agreement can only be sold and delivered if the Orderer holds the passenger title under the provisions of the regulation on duty free shops and given the necessary confirmation through electronic means.
7.3. The Orderer declares that he/she is aware that the product which is the subject matter of the Agreement cannot be delivered to any person other than the Orderer and given the necessary confirmation through electronic means.
7.4. The Seller is liable that the product which is the subject matter of the Agreement is sold and delivered to the Orderer at the Duty Free Shop selected by the Orderer, in good condition, completely and being in line with the characteristics stated in the order. However, the Seller shall not be held liable if the ordered product does not exist in the inventory, at the time the Orderer appears at the Duty Free Shop.
7.5. For delivery of the product which is the subject matter of the Agreement, this Agreement must be confirmed by electronic means, the amount of the order must be paid by the Orderer at the cashier's desk in cash or by credit card, and other conditions stated in this Agreement must be met.
7.6. The Seller is liable for losses and damages that may occur until the goods are sold and delivered to the Orderer.
7.7. The service provided by the Seller is a consumer service of retail sale, under the regulation on duty free shops. If the Seller has any doubt that the Orderer has an intent to resell the products, the Seller reserves the right to cancel the order and not to deliver the products, even if this Agreement was executed.
8. RETRACTION RIGHT
Sale and delivery of the products that are ordered in advance under this Agreement shall be carried out under the provisions of the regulation on duty free shops. Therefore, the Orderer can retract from the Agreement and cancel the advance order until the products are delivered, and the Seller can retract from the Agreement and cancel the advance order at any time.
9. EVIDENTIAL CONTRACT AND AUTHORIZED COURT
During the resolution of disputes that may arise out of this Agreement and/or the implementation thereof, the Seller's records (including electronic records such as computer and voice records) shall be considered as material evidence. The Parties agree that, Bakırköy Courts and enforcement offices are authorized to resolve any issues that may arise out of the implementation or interpretation of this Agreement.
10. ELECTRONIC CONFIRMATION
By entering the necessary information and providing the necessary confirmations on the website, the Orderer shall be deemed to have accepted the provisions of this Agreement.