ARTICLE 1- PARTIES
This Distant Sales Agreement ("AGREEMENT") is established electronically in accordance with the terms and conditions set out below between the information contained in Article 6 ("BUYER") and the information contained in Article 4
("SERVICE PROVIDER") and the information contained in Article 5 ("SELLER").
ARTICLE 2- SUBJECT
The subject of this contract is the protection of the Consumer No 4077 with respect to the presentation of the service that the PURCHASER has ordered from the seller and to determine the rights and responsibilities of the parties in accordance with the provisions of the Regulation on Distant Sales Agreement.
ARTICLE 3- ESTABLISHMENT OF THE AGREEMENT
3.1-THE BUYER ACCEPTS THAT HE/SHE HAS READ, UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS. THE BUYER AGREES, AT HIS/HER OWN FREE WILL, THAT HE/SHE HAS FULLY CONCLUDED THAT THE TRANSACTIONS CONTAINED IN THE CONTRACT ARE IN HIS/HER BEST INTEREST.
3.2-THE SELLER AND BUYER AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE ANY CHARACTERISTICS THAT CAN BE CONSIDERED UNFAIR CONDITIONS, AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
ARTICLE 4-SERVICE PROVIDER INFORMATION
ARTICLE 5-SELLER INFORMATION
Name and Surname:
ARTICLE 7 - PRODUCT INFORMATION SUBJECT TO AGREEMENT
The type, quantity, brand / model, colour, sales price, payment method of the goods/products/services are as follows:
Product Delivery Times
Delivery of the products will be carried out within the date and time interval selected during the order creation phase. An exact delivery date cannot be shared for shipments made by cargo. Your delivery takes place in the estimated time interval shown to you at the order stage.
ARTICLE 8 - GENERAL PROVISIONS
8.1- The Buyer declares that he has read all the preliminary information about the basic characteristics, sales price and payment method and delivery of the contractual product specified in Article 7 and has given the necessary confirmation electronically.
8.2- The contractual product is delivered to the Buyer or the person/organization at the address indicated in the preliminary information, depending on the distance of the Buyer's place of residence for each product, provided that it does not exceed the legal 30 (thirty) days. If the seller violates this obligation, the consumer may terminate this Agreement. In the event of termination of the contract, the Seller shall pay back all the collected payments, including delivery costs, if any, to the consumer within 14 (fourteen) days from the date of receipt of the notification of termination, together with the legal interest determined in accordance with the relevant legislation, and papers and similar documents must be returned.
8.3- If the product subject to the contract is to be delivered to a person / organization other than the Buyer, the Seller cannot be held responsible if the person / organization to be delivered does not accept the delivery.
8.4- The seller is responsible for the delivery of the contractual product in a safe, complete and in accordance with the qualifications specified in the order. Provided that it is justified, the Seller may supply goods or services of equal quality and price to the Buyer before the expiry of the performance obligation arising from the Contract.
8.5- For the delivery of the contractual product, this Contract must be confirmed electronically and the contractual product's price must be paid. If, for any reason, the product price is not paid or is canceled in the bank records, the Seller is deemed to be free from the product delivery obligation.
8.6- The seller is obliged to notify the Buyer in writing or with a permanent data storage within 3 (three) days from the date of learning of the situation in cases where the fulfillment of the goods or services subject to the order becomes impossible. In this case, the Seller shall return all payments, including delivery costs, to the Buyer within 14 (fourteen) days at the latest from the notification date.
8.7- The seller is responsible for the losses and damages that occur until the delivery of the goods to the Buyer or a third party determined by the Buyer other than the carrier.
8.8- In the event that the Buyer requests the goods to be sent with a carrier other than the carrier determined by the Seller, the Seller is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.
8.9- The service provided by the seller is for the consumer within the scope of retail sales; The Seller reserves the right to cancel the order and not deliver the products, even if this Agreement has been established if the Buyer suspects that it has the purpose of resale.
8.10- The product subject to the contract shall be delivered to the Buyer or the person / organization at the address indicated in the preliminary information on the website, depending on the distance of the Buyer's place of residence for each product, provided that the legal period does not exceed 30 (thirty) days. The seller sends and delivers the products he/she sells to the Buyer through the courier companies. In general, unless otherwise stated, delivery costs (shipping costs, etc.) belong to the Buyer. Depending on the results of the campaigns carried out at the time of sale and announced on the website, the seller may not reflect all or part of the said delivery costs to the Buyer.
ARTICLE 9- THE RIGHT OF WITHDRAWAL
Pursuant to the relevant provisions of Consumer Protection Law no 6502 and Distant Sales Agreemnt Directive;
9.1 In distance contracts about sales of goods, the consumer has the right to withdraw within 14 (fourteen) days of receipt without showing any excuses and paying any penal clause. However, the consumer may use his right of withdrawal from the establishment of this Agreement until the delivery of the goods. It is sufficient to direct the notification of the exercise of the right of withdrawal to the seller or the provider in writing or through permanent data storage. In order for our customers to use their right of withdrawal, they must fill in the turn in slip sent to them together with the product and submit the product to the Courier company with the turn in slip.
In the determination of duration of the right of withdrawal;
a) For the products subject to a single order; the day when the last goods is delivered to the Consumer or to third party determined by the Consumer ,
b) For the products consisting of more than one parts; the day when the last part is delivered to the Consumer or to third party determined by the Consumer,
c) For the contracts in which the goods is delivered regularly during a certain period; the day when the first goods is delivered to the Consumer or to third party determined by the Consumer,is taken as basis.
9.2- Consumer’s right to withdraw shall not apply to the contracts regarding
;a) The goods prepared in accordance with the request and personal needs of the customer,
b) The delivery of the perishables or the goods of which expiry date is short,
c) The delivery of the goods of which protective element such as package, tape, and seal is opened provided that it is inappropriate to return them due to health and hygiene concerns,
d) To the goods which are mixed with other goods and impossible to separate intrinsically,
e) Books, digital contents and computer consumable materials which can be offered in the physical environment when their protective element such as package, tape, and seal is opened,
f) The delivery of the periodical publications such as journals and magazines except for the ones provided within the scope of the subscription agreement,
g) Accommodation, moving, rent a car, supply of foods and beverages, and recreational activities which have to be completed within a certain date or period,
h) Services fulfilled immediately in the electronic environment or incorporeal property that are delivered to the customer immediately,
i) Services which are started to be provided before the expiry date of the right to withdraw, and
j) Goods and services of which prices are changing depending on the fluctuations in the financial markets and out of the control of the Seller or provider.
9.3- In the event that the consumer uses his/her right of withdrawal, the Seller or the provider is obliged to return the total amount received and negotiable instruments putting the consumer under debt and all kinds of similar documents within 14 (fourteen) days from the date the withdrawal notification is delivered to him/her without any charge.
9.4-The consumer shall not be liable within the right of withdrawal for any changes or distortions in the goods if he/she uses the goods in accordance with its operation, technical specifications and usage instructions.
9.5- f the consumer uses the right of withdrawal, he shall not be liable to pay the expenses related to the return if he/she returns the goods through the courier specified for return in the preliminary information. In the event that the seller does not specify any courier for the return in the preliminary information, no cost can be demanded from the consumer. In the event that the courier specified in the preliminary information for the return does not have a branch in the location of the consumer, the seller is obliged to ensure that the goods that are requested to be returned are collected from the Consumer without any additional costs.
9.6-The Consumer is obliged to return the goods to the Seller within 10 (ten) days from the date on which he notifies the Seller of the use of the right of withdrawal unless the Seller has made a proposal that he/she will have his property taken back.
9.7- As stated in the 1st paragraph of Article 15 of the Regulation on Distance Contracts, the Consumers do not have the right of withdrawal in the products which are specially prepared for the person.
9.8- The orders in the "Delivered to Courier" phase cannot be cancelled at the cargo delivery stage.
9.9- For the orders in the "Delivered to Courier" phase, our Customers must return the cargo to the courier company without opening the box of the product. The provisions in Article 9.1 are reserved.
ARTICLE 10- EVIDENCE AGREEMENT AND AUTHORIZED COURT
In the resolution of any dispute that may arise from this Agreement and / or its implementation, Seller records (including recordings in the magnetic environment such as computer-audio records) constitute conclusive evidence. The Parties have accepted that the Consumer Courts of the Buyer and the Seller will be authorized in the disputes arising from the implementation and interpretation of the Contract, within the monetary limits determined within the framework of the legislation, exceeding the Consumer Arbitration Committees in the place where the Buyer and Seller reside.
10.2- Information on the monetary limit is below:
Application amount information to be made to the Consumer Arbitration Committees for 2018;
a. District consumer arbitration committees in disputes under TL 4,570.00 (Four Thousand Five Hundred and Seventy Turkish Liras),
b. Provincial Consumer Arbitration Committees in Provinces with Metropolitan Status in disputes between TL 4,570.00 (Four Thousand Five Hundred and Seventy Turkish Liras) and 6.860,00 TL (Six Thousand Eight Hundred Sixty Turkish Liras)
c. In disputes under 6.860,00 TL (Six Thousand Eight Hundred Sixty Turkish Liras), Provincial Consumer Arbitration Committees in the Centers of the Cities that are not in Metropolitan Status
d. In the disputes between 4.570,00 TL (Four Thousand Five Hundred and Seventy Turkish Liras) 6.860,00 TL (Six Thousand Eight Hundred Sixty Turkish Liras), Provincial Consumer Arbitration Committees in Districts that are not in Metropolitan Status; are in charge.
For disputes over these values, applications cannot be made to Consumer Arbitration Committees.