DISTANCE SALES AGREEMENT
("Contract")
1. PARTIES OF THE CONTRACT
This Agreement; Seller
Title: Sarı Deri Giyim San.veTic.Ltd.Şti (will be briefly referred to as "Seller".)
Mersis No:
Notification Address: Gökalp Mahallesi Zübeyde Hanım Cad. No: 50 / B Zeytinburnu / İstanbul / TURKEY
E-mail: [email protected]
Telephone: +90 212 558 91 12
Fax: +90 212 558 91 12
With Customer
Name Surname / Title: ......... (will be briefly referred to as "Customer".)
Address for service : .........
Email : .........
Telephone : .........
Fax: .........
Upon the request and acceptance declared on the internet between .........
(In this Agreement, the Seller and the Customer will each be named separately as "Party" and collectively as "Parties".)
2. SUBJECT OF THE AGREEMENT
The subject of this Agreement is that the Customer has ordered electronically from the Seller's https://online.frankoarmondi.com website ("Site"), the products having the qualities mentioned in the Contract and whose sales price is specified in the Contract. ("Product / Products") is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection No.6502 (the "Law") and the Regulation on Distance Contracts No 29188 ("Regulation").
3. GOODS OR SERVICES SUBJECT TO THE CONTRACT, PAYMENT AND DELIVERY
The type, quantity, brand, model, color and sales price including VAT of the Product or Products constituting the subject of this Agreement are as follows:
Product Name Piece Price
(Including VAT) Subtotal
......... ......... ......... ......... TL
......... ......... ......... ......... TL
......... ......... ......... ......... TL
Order processing and shipping costs ......... TL
Promotion / Discount ......... TL
Total (including VAT) ......... TL
Payment method .........
Delivery address .........
The person to be delivered .........
Billing address .........
4. DECLARATION, RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer is the preliminary information regarding the basic characteristics of the Product or Products subject to this Contract, the sales price including VAT, the method of payment, delivery, delivery and costs, the right of withdrawal and the use of which will be covered by the Customer, the Seller's full trade name, full address and contact information It accepts, declares and undertakes that it has read the form and has accurate and complete information and gives the necessary approval in electronic environment.
4.2. The customer is informed about the basic characteristics of the Product or Products subject to sale, the sales price, payment method, delivery conditions and all other preliminary information and the right of withdrawal, confirms these preliminary information electronically and then that the Product or Products has placed the order. It accepts, declares and undertakes in accordance with the provisions of the contract.
4.3. Delivery of the Product or Products; It is done as soon as possible after the stock is available and the cost is transferred to the Seller's account. The seller accepts, declares and undertakes that he will deliver the Product or Products to the delivery address specified in this Agreement within 30 (thirty) days from the date of order.
4.4. The seller accepts, declares and undertakes that he is responsible for the delivery of the Product or Products subject to the Contract to the Customer in full, in accordance with the qualifications specified in the order, and with the warranty documents and user manuals, if any.
4.5. If the seller declares that the delivery fee of the shoppers exceeding the number declared on the Site by determining himself will be covered by him or he will make free delivery within the campaign, the delivery cost belongs to the Seller.
4.6. The Customer shall inspect the Product or Products subject to the Contract at the time of delivery but before receiving; It shall not take delivery of crushed, broken, torn packaging and similar damaged and defective Products or Products from the courier company.
4.7. The Customer accepts, declares and undertakes that the Product or Products received from the courier company are delivered to him in a complete, undamaged and intact condition. Careful protection of the Product or Products after delivery belongs to the Customer.
4.8. The Parties, if the relevant bank or financial institution does not pay the price of the Product or Products to the Seller due to the fact that the credit card belonging to the Customer is used unfairly or unlawfully by unauthorized persons after the delivery of the Product or Products. It accepts, declares and undertakes that it is obliged to send the Product or Products delivered to it to the Seller within 3 (three) days, and that the delivery costs incurred in this case are borne by the Customer.
4.9. If, for any reason, the price of the Product or Products is not paid or canceled in the bank records, the Seller shall be deemed to be free from the obligation to deliver the Product or Products subject to this Agreement.
4.10. The Parties accept, declare and undertake that the Seller is not responsible for the refusal of the delivery person / organization to deliver the Product or Products to another person / organization from the Customer.
4.11. The seller may supply other Products or Products with equal quality and price to the Customer before the performance period in the Contract expires, if there is a justified reason. If the seller thinks that the performance of the Product or Products becomes impossible, he / she notifies the Customer before the performance period of the Contract expires.
4.12. The Seller cannot be held responsible for the delivery of the ordered Product or Products to the Customer's delivery address specified in this Agreement, due to any problems that the cargo company that will make the delivery may encounter during the delivery of the Product or Products to the Customer.
4.13. If the seller fails to fulfill the contractual obligations in the event that the delivery of the ordered Product and Products to the Customer becomes impossible, the Seller shall notify the Customer before the expiry of the performance obligation arising from the Contract and may supply the Customer with a different product of equal quality and price.
4.14. If the seller cannot deliver the Contractual Product or Products within the due time due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent delivery, interruption of transportation, he is obliged to inform the Customer of the situation. In this case, the Customer may use one of the rights to cancel the order, to replace the Product or Products with a precedent, if any, and / or to postpone the delivery period until the obstacle is eliminated.
4.15. If the customer purchases by credit card or in installments, the installment method specified in this Agreement is valid. In installment transactions, the relevant provisions of the contract signed between the Customer and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the Customer. The customer can also follow up the number of installments and payments from the bank statement sent by the bank.
4.16. In the payments made by the Customer by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the Customer. After the return of this amount to the bank, the reflection on the Customer accounts is entirely related to the bank transaction process and it is not possible for the Seller to intervene in any way.
5. RIGHT TO WITHDRAWAL
5.1. The Customer has the right to withdraw within 14 (Fourteen) days from the delivery of the Product or Products to the delivery address specified in this Agreement without any reason.
5.2. In order to use the right of withdrawal within 14 (Fourteen) days, the Seller must be notified by fax, telephone or e-mail and the Product or Products to be returned have not been used in accordance with the provisions of Article 6 of this Agreement and are offered for resale by the Seller. must be qualified. If the right of withdrawal is exercised:
I. The invoice of the Product or Products delivered to the delivery address specified by the Customer in this Agreement (If the invoice of the Product or Products to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. RETURN INVOICE will not be completed unless it is issued)
ii. Return form,
iii. Box, packaging, standard accessories, if any, of the product or products
must be delivered to the Seller in full and without damage.
5.3. After the items listed in Article 5.2 reach the Seller, the cost of the returned Product or Products is returned to the Customer.
5.4. All shipping costs of the Product or Products returned for any reason within the period, including the shipping to the Customer, will be covered by the Seller.
5.5. When the Product or Products are returned to the Seller, the original invoice submitted to the Customer at the time of delivery must also be returned to the Seller, and the invoice must be returned to the Seller with the Product or Products or at the latest within 5 (five) days after the Product or Products are sent. In the event that it is not sent to the Seller, the return process will not be made, the Product or Products will be returned to the Customer in the same way with counter payment.
5.6. The phrase "return invoice" will be written on the invoice to be returned and signed by the Customer.
6. PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL
Right of withdrawal; The protective elements such as packaging, tape, seal, package are opened and used after delivery; It cannot be used in products whose return is not suitable for health and hygiene. In addition, the right of withdrawal cannot be exercised in products that are used contrary to the instructions for use, manufactured in accordance with the special requests and demands of the Buyer, or customized by making changes or additions.
7. AUTHORIZED COURT
In the disputes arising from this contract, the Consumer Arbitration Committees and the Consumer Courts at the location of the Customer are authorized up to the value announced by the Ministry of Industry and Trade.
8. NOTIFICATIONS
All notifications, notices and notifications to be made in accordance with this Agreement will be made to the addresses of the Parties specified in the 1st article of this Agreement via e-mail, annotated cargo shipment, registered letter with return receipt or notary public. The Parties agree that the addresses specified in the Agreement are their legal notification addresses and that the notifications made to these addresses will be valid unless the address change is notified to the other party five (5) business days in advance. All notices within the scope of this Contract made by the Seller shall be deemed to be received by the Customer 1 (one) day after they are sent, and all notices within the scope of this Contract to be sent to the Seller by the Customer shall be valid from the day they are deemed notified according to Turkish Laws.
9. FINAL PROVISIONS
This Agreement consists of 9 (nine) articles and 6 (six) pages and was signed by the Parties on ......... The preliminary information form and invoice on the payment page of the https://online.frankoarmondi.com website are integral parts of this Agreement. The parties acknowledge, declare and undertake that they have read and accepted the entire Agreement, that the information stated here is correct and that all contract provisions are valid. The Customer, who approves this Agreement with the specially arranged infrastructure of the Site, is deemed to have accepted all the terms in the Agreement.
Seller Customer
Sarı Deri Giyim San.veTic.Ltd.Şti .........