DISTANCE SALE AGREEMENT
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ARTICLE 1- TAFARS
Title: Melisa ERDEM SAHRAYOLU Clothing
Address: İnkilap mah. Vatan cad. No: 34 / B, Umraniye - Istanbul - TURKEY
Phone: +90 541 911 52 12
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ARTICLE 2 - SUBJECT
The subject of this Distance Selling Contract (hereinafter referred to only as the contract) is about the Protection of the Consumer number 6502 regarding the sale and delivery of the product that the Seller sells to the Buyer (Consumer), the qualities and sales price of which is given below. The Law is the determination of the rights and obligations of the parties in accordance with the Regulation on Distance Contracts and other relevant legal provisions.
ARTICLE 3 - ESTABLISHMENT OF THE AGREEMENT
3.1. The Buyer agrees and undertakes that he understands that he has read the entire contract and is aware of his rights and obligations.
3.2. The seller and the buyer accept that there is no disproportionality between the contract and the agreed actions, they are in accordance with the nature of the mutual actions, and they have no inexperience within the scope of the contractual transactions.
3.3. The buyer and seller agree that the terms of the contract do not have an unfair condition, and that there is no clear injustice and disproportionality in terms of the balance of interests.
ARTICLE 4 - CONTRACT SUBJECT PRODUCT INFORMATION AND COST | PRODUCTS |
ARTICLE 5 - GENERAL PROVISIONS
5.1. The Buyer declares that he has read and informed all the preliminary information related to the basic qualities, sales price and payment method and delivery of the product subject to the Contract specified in Article 4, and has given the necessary confirmation in the electronic environment.
5.2. The contractual product is delivered to the Buyer or any third person or organization indicated within the preliminary information depending on the distance of the Buyer's location for each product, provided that it does not exceed 30 (Thirty) days. The behavior of the seller in violation of this obligation gives the buyer the right to terminate the contract for good reason. In the case of termination of the contract in this way, the seller is obliged to pay back the consumer by adding the legal interest in accordance with the relevant legislation, within 3 business days at the latest after the notification of termination, including delivery costs, if there is a price collected from the buyer by the conclusion of this contract.
5.3. If the contractual product is to be delivered to a third party or organization other than the contract other than the buyer, the seller cannot be held responsible for the refusal of this 3rd party from receiving the product.
5.4. In order to start the supply and delivery processes of the product subject to the contract, payment must be made with the signing of this contract. In case the product price of the contract is not paid or canceled through various channels after payment, the obligation of the seller to supply and deliver the product will be eliminated immediately and the contract will be deemed to have been automatically terminated.
5.5. In the event that the supply and delivery of the product subject to the contract becomes impossible, the relevant matter will be notified to the buyer and therefore, in case the buyer terminates the contract, the seller will pay the full price, including the shipping costs, to the establishment of this contract within 3 working days at the latest. is responsible for returning.
5.6. The responsibility of the product belongs to the seller until the delivery of the product to the third party. So far, if the buyer wants to choose a company other than the carrier company determined by the seller for the delivery of the product, the seller is not responsible for giving the product to the relevant carrier. With the delivery of the product to the carrier company determined by the buyer, the responsibility of the product is now passed to the buyer.
5.7. The sale of the product subject to this contract by the seller is for the end consumer. Seller; In case the buyer suspects that he / she has bought the product for the purpose of resale, or if signs indicating that this is the case, it may terminate the contract for one-sided and justified reason.
5.8. The buyer accepts and undertakes that he / she cannot make the return or exchange of the product purchased on the internet from the stores where the seller has the brand.
ARTICLE 6- RIGHT TO WITHDRAWAL
In accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts;
6.1. Consumer; it has the right to withdraw from the contract in distant contracts regarding the sale of goods within 14 (fourteen) days from the date of receipt of the goods without showing any justification and without penalty.
6.2 It can make the withdrawal notification in writing to email@example.com. However, the buyer can use the right to withdraw from the contract with the same conditions within the period between the establishment of the contract and the delivery of the product. The notification that the right of withdrawal has been used must be in writing, and the proof that this notification has been made belongs to the consumer.
6.3. In case the Buyer's right of withdrawal is exercised, it is obligatory to return the original invoice related to the third person or the goods / services delivered to the Buyer to the Seller, and VAT and other legal obligations, if any, are returned to the BUYER in the event that the invoice is not sent together with the product to the address specified in Article 1 of the SELLER. can not. The buyer will be signed by writing the "return invoice" statement on the invoice along with the product that he / she will return using this right.
6.4. In the determination of the duration of the right of withdrawal, the provisions of the Law No. 6502 and the regulations on Distance Contracts are valid. According to this; In the products that are subject to single order and delivered separately, the third person determined by the consumer or the consumer is based on the day when the last product is delivered, and the products consisting of more than one part, the day the consumer or the third person determined by the consumer receives the last piece.
6.5. The situations where the consumer cannot use his right of withdrawal are as follows;
Products that are prepared in line with the wishes or personal needs of the consumer, if the protective elements such as packaging, tape seal packages are opened after the delivery of the goods, the products that are presented in the material environment, other than those provided under the subscription agreement, counted from periodicals such as newspapers and magazines.
6.6. In the event that the consumer uses his right of withdrawal and makes this notification to the seller, the seller is obliged to return all costs, including expenses, within 3 business days from the date of receipt of this notification to him.
6.7.When the consumer returns the product within the withdrawal period, he will not be responsible for the changes and deteriorations that occur only if he / she uses the product in accordance with the operation, technical specifications and instructions for use. However, if there is any damage or defect in the product due to violation of natural use of the product and non-compliance with the instructions for use, the seller is not responsible for return and exchange of the product.
6.8. If the consumer sends the goods back through the carrier company stated in the preliminary information that the seller uses his right of withdrawal, he will not have to pay any costs related to the return. However, in case of sending with a different company other than the carrier company specified in the preliminary information, the shipping costs belong to the buyer. If the carrier is not specified for return in the preliminary information form, in this case, the same carrier is considered as preferred for the delivery of the product. However, if the carrier in question does not have a branch at the location of the recipient, no expense can be claimed from the buyer.
6.9. The consumer is obliged to send the product back to the seller within ten (10) days at the latest from the date on which the right of withdrawal is directed to the seller. For the products not sent within this period and the products sent after this period, the buyer will be deemed to have given up the return request and the return request will not be accepted. As long as the seller declared that he would buy the product himself, this provision does not apply.
7. Defective Goods
7.1. Defective goods; the goods that are contrary to the contract at the time of delivery to the consumer, because they do not comply with the sample or model agreed by the parties, or because they do not have the features that they should have objectively. Does not contain one or more of its features in its packaging, label, introduction and user manual, internet portal or advertisements; which is inconsistent with the quality reported by the seller or determined in its technical arrangement; Goods containing material, legal or economic deficiencies that do not meet the intended use of the equivalent goods, reduce or eliminate the expected benefits of the consumer are also considered defective.
7.2. In this case, the consumer has the right to return from the contract, which also includes a refund, to replace the goods with no defect, or to ask for a price reduction or a free repair. The seller is obliged to fulfill this consumer-preferred demand.
7.3.If the consumer is aware of or is expected to be aware of the defect at the date of establishment of the contract, there will be no violation of the contract. Elective rights of the consumer are reserved against any other defects.
8. Final Provisions
8.1. BUYER, on the www.sahrayolu.com website, the basic features of the product subject to the Contract, the sales price including all taxes and the form of payment, the delivery and the costs to be covered by the buyer, the period of delivery and the full commercial title, address and contact information of the SELLER. declares that he has read the preliminary information regarding the correct and complete information and gave the necessary confirmation electronically. The preliminary information form and the sales invoice on the www.sahrayolu.com website are the annexes and integral parts of this Agreement.
8.2. The distance sales contract with you will be stored electronically by the Seller for 3 (three) years from the date of contract. After this contract is established, the text of the contract will be sent to your e-mail.
8.3. The SELLER is responsible for delivering the product subject to the Contract, intact, complete, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.
8.4. In the event that the BUYER defaults in performing its actions, the PURCHASER agrees, declares and undertakes to pay any damages incurred by the SELLER, except for the default caused by the delayed performance.
8.5. The seller reserves the right to stop or cancel the order provided that the information regarding his order is found to be incomplete, false, false or if the order is found to be in good faith and / or to gain commercial gain or if the buyer is informed of reasonable doubt. If the order is canceled, the refund will be made by notifying the buyer.
8.6 The product may not be realized within the delivery period due to force majeure that develops beyond the will of the seller, is not foreseen and prevents or delays the seller from fulfilling his debts. In these cases, the seller undertakes to inform the buyer. In this case, the buyer has the right to request from the seller to cancel the order, to replace the product subject to the order with the precedent and / or to postpone the delivery until the situation which prevents the delivery from being made within the period.
8.7. For the delivery of the product subject to the contract, the sales price must be paid with the payment method 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 have been freed from the delivery obligation. In case the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's address mentioned above within 3 days.
9. AUTHORIZED AND OFFICIAL COURT;
Any complaints and objections arising from the implementation of this contract are made to the Consumer Problems Arbitration Committee at the place where the Buyer's residence is located or where the goods are purchased, according to the monetary values limits determined by the Ministry of Customs and Trade in December of each year. In the case that the Consumer Courts are in charge as a monetary limit, an application is made to the authorized Consumer Courts.
All Sellers are obliged to act in accordance with this regulation. In case of withdrawal, leaving all cargo and bank collection costs on the seller is a result of this regulation.
The law restricted the refund to 14 days. The 3-day regulation is in line with the law, but its extension to 14 days will be in favor.
This regulation is in compliance with the legislation and it is not possible to leave any of these obligations on the Consumer as required by the legislation.
Law and Regulation require this regulation.
Unless a carrier is foreseen for return in the preliminary information form, no refund costs can be requested.
In such a case, the reasonable duration and conditions of the refund will be written in advance payments.