1. PARTIES

1.1. SELLER

Title: Toyi Oyun ve Tasarım A.Ş

Address: Merkez Mah. Hasat Sok. No:52 Şişli/İstanbul

Web site: www.toyi.io

E-mail address: hello@toyi.io

Phone : +90 0212 942 76 28

Mersis: 0859097055700001

Trade Reg. No: 144852-5

1.2. BUYER  

Name Surname :

Address :

E-mail address :

Phone :

Seller and Buyer shall separately be referred to as “Party”, together referred to as “Parties”.

1.3 ORDERING PARTY

Name Surname :

Address :

E-mail address :

Phone :

1.4. INVOICING DETAILS

Name Surname :

Address :

E-mail address :

Phone :

2. DEFINITIONS

In interpreting the contract, the below-defined terms constitute meanings of the following term.

Ministry: Turkish Ministry of Customs and Trade

Kanun: Law No 6502 on Consumer Protection

Yönetmelik: Regulation no 29188 of November 27th, 2014 on Distant Sales Contract

Product: All kind of ordered TOYİ branded products including toys etc.,

Seller: Company providing service and product to customers within its commercial and technical activities,

Alıcı: Real or legal person who acquires, uses or utilizes the product or service for commercial or non-commercial use,   

Site: www.toyi.io domain which belongs to Seller,

Ordering Party: Real or legal person who electronically orders the product placed for sale in the Site,

3. SUBJECT OF THE CONTRACT

This distant sales contract (“Contract”) subjects the sales and delivery of the products which are ordered online with the below purchase price from Site by BUYER, in accordance with the law and regulations and the rights and obligations of the Parties.

4. PRODUCTS

4.1. The total purchase price included VAT states below. The currencies of the payment price may vary upon the ordering country as TRY, Euro and US Dollars.

5. PAYMENT

5.1. SELLER shall accept credit card, transfer or electronic fund transfer (Visa, Mastercard, Amex, Troy) for payment. The online payment transactions are held by iyziko. The BUYER’s bank account details are encrypted and not in free movement free on the Internet. The BUYER’s bank account details (card number, expiration date, etc.) shall not be shared with the SELLER.

5.2. BUYER may issue the payment via her/his own card or any third parties’ card. SELLER makes return payments for the right of withdrawal, return payment is made to the account/card the order is placed.  

5.3. The invoice is prepared with the provided information and delivered to BUYER with the product.

5.4. In the event BUYER’s bank or financial institution would not transfer the purchase price to SELLER for any reason including illegal and unfair use of credit card occurred beyond SELLER’s knowledge, BUYER accepts and agrees to return the Product(s) within 3 days upon notification of the SELLER and to bear return delivery expenses.

5.5. In the event purchase price would not be paid or canceled, the SELLER will be free of the delivery obligation.

5.6. If the BUYER makes installment buying, the installment amount and type stated in the Site shall be deemed valid. As for payment in installments, the agreement among BUYER’s shall be valid and applied. The due dates of the payments shall also be determined by BUYER’s bank due to date will be determined among BUYER and BUYER’s bank. BUYER may track installment amount and payments through account payment statements.

5.7. BUYER can use the discount coupons only once. In case of multiple uses, the order shall be canceled and the payment will be returned.

6. SHIPPING AND DELIVERY

6.1. Any orders placed outside Turkey will be deemed as importation. In the event of importation, BUYER shall be liable for local taxes and additional expenses (import tax, customs pay on delivery). These taxes and expenses are beyond the knowledge and jurisdiction of SELLER. BUYER should be informed on such taxes from local authorities or consultants.

6.2. Deliveries destined for Turkey are shipped the day following the receipt of order. Orders destined to other countries will be shipped in 2 days as of the date of order placed with UPS, FedEx or PTT. Delivery time may differ from the country or customs process. In any case, if the SELLER fails to deliver the Product(s) within 30 days, BUYER may terminate the contract.

6.3. If the Product is not available in stock, SELLER informs the BUYER in the delivery period.

6.4. BUYER must examine the products before collecting them whether the Product(s) are crushed, broken, open, in the ripped package, damaged and defective and shall not collect such Product(s). BUYER undertakes to replace such Product(s) with a brand new version within 30 (thirty) days.

6.5. The parties hereby accept and declare that if BUYER instructs delivery of the Product(s) to a third party, SELLER shall not be liable for the refusal of collection.

6.6. If the BUYER’s information is not valid or the Product(s) are returned, SELLER tries to reach the BUYER via the provided phone, e-mail, and mail. If the SELLER cannot be reached, SELLER may hold the shipment for 15 (fifteen) days. If SELLER would not reach any response from BUYER within this period, the order will be canceled.

7. RIGHT OF WITHDRAWAL AND PRODUCT REPLACEMENT

7.1. BUYER has the right to withdraw or request replacement of the purchased Product(s) within 14 (Fourteen) days as of the delivery to the address stated above without any need of solid grounding.

7.2. BUYER who would like to exercise the right of withdrawal and product replacement is expected to apply the following actions within 14 (Fourteen) days as of the receipt of the delivery:

• Send an e-mail to hello@toyi.io and inform about the Product(s) which right of withdrawal and replacement will be applied and receive a return delivery code from SELLER.
• BUYER must return the Product(s) within 7 days after receiving the return delivery code with its invoice and packaging undamaged, complete and ready for resale to the SELLER’s address “Merkez Mah. Hasat Sok. No:52 Şişli/İstanbul”
• In the event, the real person BUYER would not return the invoice and the legal entity BUYER would not issue a return invoice and send it to SELLER, the Product(s) shall not be taken back.
• If the Product(s) are missing, broken, damaged, defected and the package and not suitable for resale SELLER shall not take the Product(s) back and make a return payment.

7.3. SELLER shall make the return payment within 10 (ten) days upon receiving the returned Product(s).

7.4. The delivery expenses are covered by BUYER in the use of the right of withdrawal and product replacement. Any order may not be replaced more than twice (2).

7.5. The return payments are made to the purchasing account or credit card, such payments cannot be returned to third party accounts.

8. WARRANTY

8.1. SELLER provides a limited warranty for each of the Product(s) against defects in material and workmanship under normal use and service for a period of one-year. The invoice which will be delivered with the Product(s) shall be deemed a warranty certificate and needs to be kept during the warranty period.

9. PERSONAL DATA USE AND INTELLECTUAL PROPERTY RIGHTS

9.1. Personal data comprises of name, surname, Turkish ID No/Tax No, address, e-mail, invoicing address, financial data and demographic data can be stored and processed with third-party service providers for the purpose of this Contract and within the scope of Law no 6698 on Personal Data Protection. SELLER does not store any financial data (i.e credit card number). SELLER shall not be liable for the data processed by third-party service providers.

9.2. The intellectual and industrial property rights of the Product(s) solely belongs to SELLER. Products shall not be used, reproduced and reverse engineered without permission of SELLER.

10. FORCE MAJEURE

10.1. If the performance of this Contract or any obligations hereunder is prevented, restricted or interfered with or delayed by reason of including but not limited to acts of God, wars, riots, fire, storm, adverse weather conditions (heavy rain and hail) explosions, strikes, delays for third party service providers, accidents or any acts occurred in consequence of governmental decisions or order or similar occurrence or condition beyond the reasonable control of the parties, the Party so affected shall, upon giving prompt notice to the other party be excused from such performance during such prevention, restriction or interference and any failure or delay resulting therefrom shall not be considered a breach of this Contract.

10.2. The Parties shall discuss how to proceed with the Contract. In case such force majeure cannot be resolved or abolished within 30 (thirty) consecutive days, the Contract can be terminated upon notice of either Party.

11. GOVERNING LAW AND JURISDICTION

In the event that any claim or dispute arises in connection with this distant sale relation, and fail to resolve amicably by way of good faith negotiations and mediation, Turkish Law shall be applied and the governing jurisdiction will be Turkish Arbitration Committee for Consumer Problems in the SELLER’s place of business or Consumer Courts and Execution Offices in the SELLER’s place of business, depending on the thresholds.

12. DECLARATION OF ACCEPTANCE AND APPROVAL

BUYER shall accept and declare that she/he informed of all written conditions and explanations under Notification Form and that the qualities of the Product(s) stated, purchase price, payment type, all other details pre-information about purchased Product(s), fully saw and informed all these information online, read the content, accepted and ordered the Product(s) online by approving all these conditions and this Contract.

13. NOTICES

Parties agree and acknowledge that the addresses stated above are their respective legal addresses and notices to such addresses shall be valid. Either Party acknowledges and confirms that if it determines an address other than the above as its legal residence and notification address, it shall inform the other Party about its new address within five (5) days at the latest. On the contrary case, the SELLER’s notification sent to the previous address of BUYER shall be deemed to be served duly and in compliance with the laws, the day after SELLER sends.

This Agreement, comprising of thirteen (13) articles, has been executed on …/…/… in two (2) copies by the signatories of the Parties. The notification form and Product(s)’ invoice are inseparable parts of this Contract.

BUYER, accepts and undertakes that, she/he declared true information to SELLER and fully read this Contract and Notification Form when approving the Contract and placing the order.

TOYI is committed to respecting the privacy and protection of the visitors’ personal and non-personal data when browsing the Website.

This Privacy Policy is meant to explain to all visitors who access and use the Website services how personal and non-personal data of the visitors are collected and processed.

What Type of Data Are Collected?

–       Personal Data

The Personal Data are (i) contact details (i.e. name, surname, Turkish ID No/ Tax ID No, phone number, e-mail address, delivery and invoicing address, etc.) and (ii) personal information (i.e. date of birth, National ID number, education information, cv, etc.)

TOYİ receives the personal data for subscribing newsletter, make job applications that we announce through the Website and purchasing products online. As TOYİ, we may use and process such data with third party service providers (i.e iyzico, cargo delivery company, etc.) within the purpose we have been provided with.

Our visitors hereby accept and declare that, they share their personal data, as per Law No 6698 Article 5/1 and Article 6/2, at their own free will and express consent and that such data are requested for a better quality service and to make them informed about their applications or complaints and the events and updates announced on the Website.

–       Non-Personal Data

The non-personal data includes the data which do not give out any information about the identity of the visitor such as the data of the accessed website, IP address of your device, visit details including access time, browser type and referring URL, device designator, operating system type, standard web diary data, location data and other information. The web diary data includes the type of browser and the traffic between the visitors and the Website. TOYİ collects such non-personal data during the access of its visitors to the Website.

We use the help of the Google Analytics to improve our Website, make it more practical, efficient and secure. In each visit to our Website or contact and interaction with us, Google analytics collects data on accessibility and Website use automatically and during such process cookies, flash cookies and web analysis may further be enabled to receive the information.

Such non-personal data gathered through access to our Website are used for market investigation, planning, statistical analysis, commercials etc.

–       The Data Received From Third Parties

If the you enabled access, we may reach to your personal data from other third party sources (i.e. all websites or online platforms such as other social media accounts which reserves personal data). This type of data may also include, the data collected from commercial sources such as the administrative databases and data collectors and third parties. The personal data types that will be collected in such sources are generally name, surname, address, age and also information on your lifestyle such as shopping habits, likes, areas of interest, etc. and ,within the scope of the legislation, the personal data created by the visitor.

This Privacy Policy does not include any provision concerning the data collected by the parties such as applications, third party websites and platforms (such as social media websites/platforms such as facebook, twitter etc.), the data collected through the links of the Website and other commercials or promotion. The data which are collected, stored and used by the third parties or any other actions taken for the provided personal data are not under TOYİ’s responsibility or control.

How the collected personal data is used?

TOYİ, processes all collected personal and non-personal data, as per Article 4 of the Law No: 6698 in line with the law and in good faith, correctly, up to date, specific, explicit and legitimate way, also within the scope of purpose and in a limited and restrained way in line with Article 5 and 6.  

The processing of the personal data means collecting the data through fully or partially automatic system or through manual way but integrating it into a data record system, or making all kinds of actions on the collected data such as saving, storing, keeping, changing, rearranging, explaining, transferring, acquiring, making available, categorizing or preventing the use.

TOYİ processes the data by pursuing a specific goal, within the necessity and principle of proportionality, does not use the data for any reason beside its purpose, keeps them for the duration set forth in the legislation and does not keep the data more than its legal duration without anonymizing by the end of the term.

TOYİ, may collect, store and in sense process and share with foreign countries the personal data in line with Article 5 and 6 and for the purposes set forth under these articles. Furthermore, the non-personal data is collected to improve the relations of the visitors and to improve the Website and the security of the Website, improve its functionality and to revise the content  of the Website upon demand of the visitors, to make business development, to operate and improve communication activities

In addition to this, TOYİ may share the data with the support service provider third parties (data processing providers, hosting or managing service providers which also conducts data analysis, customer service providers, payment method service providers, etc.). The relevant third parties is provided with access on your data in order to fulfill their services.

The collected data shall not be used, processed or shared with third parties.

TOYİ, within the scope of the provisions stipulated under Law No:6698 and the decrees of the Council, shall not transfer the collected data to the other third party real or legal entities without explicit consent of the data providers. However, under the obligatory conditions set forth under the Law No:6698 and in relevant legislation, the data will be shared with the relevant entitled administrative and judiciary governmental authority without explicit consent of the data provider. In addition to this, for the conditions set forth under Article 8, if it is not possible to take the explicit consent of the provider for a de facto impossibility (i.e. for enacting or execution of contractor to fulfill a requirement arising from a legislation in force.) and as for special personal data for the conditions set forth under Article 6/3, the data may further be transferred without explicit consent of the provider.

What are the rights of our Visitors arising from the Law No. 6698?

As per Article 11 of the Law No. 6698, our visitor who shares their personal information with us may apply to TOYİ (hello@toyi.io) to;   

1. a) Learn if your personal data have been processed,
2. b) If processed, to request information,
3. c) Find out the reason for processing and whether the data have been used in accordance with the purpose,
4. d) Learn about the third parties your data have been sent to in and out of the country,
5. e) Request correction if it is processed incompletely/incorrectly,
6. f) Request deletion/destruction pursuant to the provisions of Article 7 of the Law No. 6698,
7. g) Request the third parties, to which the data was sent, to inform about the processes performed as per paragraphs (e) and (f) above,
8. h) Object to an adverse result against you due to the analysis of data with automatic systems exclusively,
9. i) In the event of incurring damages due to the unlawful processing of data demand recovery of damages.

As most websites do, TOYİ uses “Cookies” to show personalized content and advertisements to its visitors, to conduct analytical activities within the website and to track the usage habits of visitors.

This Cookie Policy is an inseparable part of TOYİ Privacy Policy.

In this Cookie Policy, TOYİ explains which Cookies are being used and how visitors can manage their preferences regarding these Cookies.

What are Cookies?

Cookies are small text files stored in your devices or network servers by the websites you visit via internet browsers. Cookies are generated by servers related to the website you visit. Thus, the server may recognize when the visitor later visits the same website.

Cookies do not consist of visitors’ personal data such as name, gender or address. For more detailed information about cookies, you may check www.aboutcookies.org and www.allaboutcookies.org.

Which Cookies Are Used?

Cookies are categorized by ownership, expiration, and purpose of use:

As for ownership, Site Cookies and third-party cookies are being used. Site cookies are generated by TOYI, third-party cookies are managed by different parties in cooperation with TOYI.

As for expiration, session cookies and persistent cookies are being used. Session cookies are deleted as soon as the visitor leaves the Site, however persistent cookies may remain in visitors’ devices for various periods of time depending on their usage purpose.

As for the purpose of use, technical cookies, verification cookies, targeting/marketing cookies, personalization cookies, and analytical cookies are being used in the Site.

Why Do We Use Cookies?

Cookies in Site are used within the scope of purpose as stated below:

– Implementing the fundamental functions of the Site to work properly.

– Analyzing the Site and increasing the performance of the Site.

For example, the integration of different servers on which the Site operates, the detection of the number of visitors and adjusting the performance of Site accordingly or making it easier for visitors to find what they are looking for.

– Increasing the functionality of Site and providing ease of use. For example, sharing content in third-party social media platforms through Site. Remembering the username information or search history of the visitors in subsequent visits.

– Conducting personalization, targeting and marketing activities.

For example, showing advertisements in relation to the previous web page or product visits of the visitors that might appeal to their interests.

How Can You Manage Cookie Preferences?

TOYİ cares about its users’ preferences and control over their personal data. However, it is not possible to manage preferences over some of the Cookies which are imperative for Site to function. Additionally, we want to remind you that in the event of disabling some of the Cookies, the Site’s some functions may fail to work properly.

Below you may find how to manage the preferences for Cookies used it the Site:

Visitors may change their browser settings through which they access the Site and personalize their Cookie preferences. Depending on the browser’s facilities, data owners have the means to block Cookies, get notifications before Cookies are used, disable or delete some of the Cookies of their choosing. These preferences may vary depending on the browser that is used. Cookie preferences may require visitors to make adjustments on every device they use to access the Site respectively.

In order to manage cookies on mobile devices, you may check your mobile device’s settings menu.

For further information on Terms and Conditions and Privacy Policy please contact us hello@toyi.io