DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
Title : AYPARS EV TEKSTİLİ HALI İTHALAT İHRACAT SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address : Köşk mah. Çakır sk. No 14 /5 melikgazi kayseri
E-Mail : email@example.com
ARTICLE 2- SUBJECT OF THE AGREEMENT
The subject of this contract is the Law on the Protection of Consumers numbered 4077 and the Ministry of Industry and Trade dated 06.03.2011 and related to the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER has ordered electronically from the website www.omurkitabevi.com belonging to the SELLER. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts published in the Official Gazette No. 27866.
ARTICLE 3- PRODUCT INFORMATION
Type and Type, Quantity, Brand/Model, Color and Sales Price and Delivery Information of the Products are as follows.
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares on the website www.omurkitabevi.com that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract and has given the necessary confirmation in electronic environment. BUYER; By confirming the Preliminary Information electronically, it confirms that before the conclusion of the distance contracts, the address to be given by the Seller to the Consumer, the basic features of the ordered products, the Turkish Lira price of the products including taxes, payment and delivery information are correct and complete.
4.2- The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that the legal 30-day period is not exceeded.
4.3- 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.
4.4- The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5- For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, provided that the product has been delivered to the BUYER. It must be sent to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER.
4.7- Defective or damaged products of the products sold or not with the warranty certificate can be sent to the SELLER for the necessary repair to be made by the authorized service within the (defective) warranty conditions, in which case the shipping costs will be covered by the SELLER.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw by rejecting the goods within 7 (seven) days from the date of delivery of the product to himself or the person/organization at the address indicated in the distance contracts regarding the sale of goods. The product price is returned to the BUYER within 10 days from the date on which the consumer's notification of withdrawal reaches the seller. (See Regulation on Distance Contracts, article 9/2).
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or the signing of the contract without any legal or penal liability and without giving any reason, and to take back the goods from the date of receipt of the withdrawal notification to the seller or supplier.
In accordance with the general communiqué of the tax procedure law numbered 395, in order for the refund to be processed, the relevant sections of the invoice that we have sent to you, which includes a return section, must be filled in completely and returned to us together with the product after it is signed.
However, since our customers do not pay VAT in their orders in the TRNC and abroad, they are obliged to pay the taxes of the products they have received at the customs. Customers do not have the right of withdrawal for the products that are not received from the customs in any way. Because, pursuant to Article 8 of the REGULATION ON DISTANCE CONTRACTS APPLICATION PROCEDURES AND PRINCIPLES, the Consumer has the right to withdraw from the contract by rejecting the goods, without taking any legal or criminal responsibility and without giving any reason, within seven days from the date of receipt in the distance contracts regarding the sale of goods.
ARTICLE 6- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, software and programs that can be copied, products that deteriorate quickly or whose expiration date has passed. The use of the right of withdrawal in the following products is subject to the condition that the packaging of the product is unopened, intact and the product has not been used.
-Portable Computers and Desktop Computers (After the original operating system is installed, that is, after the installation of the computer, there will be no refunds.)
-All kinds of software and programs
-DVD, VCD, CD and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All kinds of cosmetic products
-Telephone top up orders
-Underwear products (after receiving the product, it is not possible to return it because it is not healthy in terms of hygiene, due to situations such as wearing for trial purposes and contacting the skin.)
- Products that cannot be returned due to their nature (except in cases where the product is defective or defective, products that may pose a health hazard after opening, e.g. products that require one-to-one contact with the body during use (in-ear or over-the-ear headphones, etc.), disposable products, copyable software and programs Products that deteriorate quickly or expire, and are non-refundable.
ARTICLE 7- PROVISIONS OF DEFAULT
In case the parties fail to fulfill their obligations under this contract from their resources, the provisions of the Debtor's Default in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give the non-performing party a period of 7 days for the performance of the said act.
In the event that it is fulfilled within this period, the party that does not fulfill its performance will be deemed to be in default and the creditor has the right to demand the delivery of the goods and/or the termination of the contract and the return of the price by demanding the performance of the performance.
Pursuant to the last paragraph of the 9th article of the Regulation on Distance Contracts, if the seller egitimpazar.com cannot fulfill its contractual obligations, claiming that it is impossible to fulfill the goods or services that are the subject of the order (the situation where the product cannot be supplied in any way from the supplier Company), it will notify the consumer before the expiry of the contractual performance obligation. In this case, egitimpazar.com has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents that put him under debt, if any.
If egitimpazar.com cannot deliver the product subject to the contract in due time due to force majeure that may prevent egitimpazar.com from fulfilling its obligation or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, In such cases, the Buyer shall has no responsibility, can use one of the rights to cancel the order or delay the delivery time until the blocking situation disappears. If the BUYER cancels the order, the amount paid is paid to him within 10 days.
ARTICLE 8- AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER's or SELLER's settlement are authorized up to the value declared by the Ministry of Industry and Trade.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
SELLER : artemrug.com