DİSTANCE SALES AGREEMENT AND PRELIMINARY INFORMATION FORM
ARTICLE 1: PARTIES
TITLE: COŞ-AR KUY. SAN.VE TIC.LTD.STI.
ADDRESS: Bağlar Mahallesi 15. Sokak no:13 Kat:2 Metalpres İş Merkezi Güneşli Bağcılar İstanbul FAX: 0090 212 526 11 56
PHONE: 0212 550 18 58
BUYER: Members whose contact information are registered in the database, will be accepted as the customers who placed the order.
ARTICLE 2: SCOPE OF THE CONTRACT
The subject of this contract is the the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Principles and Procedures regarding Law No. 4077 on the Protection of Consumers and the Application of Distance Contracts regarding the sale and delivery of the products with the qualifications mentioned in the contract, which the BUYER has ordered electronically from the SELLER's www.atolye4d.com website, The buyer accepts and accepts in accordance with the provisions of this contract that he has information about the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, all preliminary information about the product subject to sale and the right of withdrawal, confirms these preliminary information in electronic environment and then orders the product. declares. The preliminary information and invoice on the website are integral parts of this contract. The BUYER is deemed to have accepted all the terms of this contract when the order is made.
ARTICLE 3: PRODUCT INFORMATION
The SELLER manufactures handmade, delicate jewelry and accessories. Features, materials, color, sales price and delivery conditions of the contracted product and products are as provided in the product features section of the web page.
>ARTICLE 4: GENERAL PROVISIONS
4.1. The parties to this contract are the BUYER and the SELLER, and all obligations and responsibilities regarding the fulfillment of this contract belong to the parties. This contract is valid on the date when electronically approved by the BUYER
4.2 The BUYER accepts, declares and undertakes that they have read and understood all the information about the features and conditions of sale of the product subject to the contract specified in Article 3, and has given the necessary approval for the purchase of this product.
4.3 The SELLER is responsible for the delivery of the contracted product to the cargo intact and complete, in accordance with the qualifications specified in the order, and with the warranty documents and user manuals (if exists).
4.4 The SELLER, the product or products subject to the contract, are delivered to the BUYER or the person/organization at the address indicated, provided that it does not exceed the legal 30-day period. This period can be extended for a maximum of 10 days, provided that the BUYER is notified beforehand.
4.5 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.
4.6 The delivery will be delivered by courier to the address specified in the form filled by the BUYER at the time of purchase through the courier company. Even if the buyer is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its delivery/sale/order completely.
4.7 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.
4.8 The buyer is responsible by covering the expenses and other damages arising from the late receipt of the product stated in the article 4.6.
4.9 The BUYER is obliged to open and check/control the received packages in front of the courier company representative while receiving the packages, and has full right not to receive the product by keeping a record with the cargo company if there is any defect in the product. If the package is not accepted and a report is kept, the situation must be reported to the SELLER within 3 days with the copy of the report remaining in the BUYER. The SELLER will ensure that a new and healthy delivery takes place as soon as possible.
4.10 The shipping fee is included in the product price for domestic shipments unless otherwise stated on the product page. For international shipments, there is no shipping fee for orders of 250 EUR or more. For orders less than 250 EUR, the shipping cost belongs to the BUYER. In overseas shipments, customs, insurance and other possible costs belongs to the BUYER.
4.11 In the event that the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons which is not due to the BUYER's fault, only if after the delivery of the product made to the recipient, provided that the BUYER is deemed to send the received product(s) in full within 3 (three) days. In this case, the shipping costs/expenses belongs to the BUYER.
4.12 The SELLER provides information on product maintenance and use at www.atolye4d.com. Products are guaranteed for 1 month from delivery date, excluding errors caused by misusage, non-compliance with the maintenance rules of the product. The shipping costs of the products sent to the SELLER for the necessary repair within the warranty conditions will be covered by the SELLER.
4.13 The BUYER, due to the fact that the forward sales are made only with the credit cards of the banks; He accepts that he knows that he should confirm the relevant interest rates and the information about the default interest separately from his bank.
4.14 The BUYER accepts, declares and undertakes that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER in accordance with the provisions of the legislation in force.
4.15 In cases where the BUYER uses its right of withdrawal or if the product subject to the order cannot be supplied for various reasons; The price paid by the BUYER cannot be repaid to the BUYER in cash. After the SELLER pays the amount to the bank at once, the bank will refund their subjected credit /debit card.
4.16 n accordance with the general communiqué of the tax procedure law numbered 385, the relevant return sections in the invoice must be filled in completely and returned to the SELLER together with the product after it has been signed, in order for the refund to be processed. The BUYER declares, accepts and undertakes that it accepts all this procedure.
ARTICLE 5: RIGHT OF WITHDRAWAL
5.1 The BUYER has the right to withdraw from the contract by rejecting the goods within seven days from the date of receipt of the goods, without taking any legal or criminal responsibility and without giving any reason. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within the same period and the product must not be used. In case the right of withdrawal is exercised, the product price is returned to the BUYER within 10 days. The costs arising from the use of the right of withdrawal belong to the SELLER.
5.2 In accordance with the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in the case of goods produced in accordance with the special requests and demands of the BUYER or made personalized by making changes or additions, and in the case of goods whose prices are determined in the stock exchange or other organized markets.
5.3 Since the BUYER does not pay VAT for shipments to Cyprus and other non-Turkey orders, he is obliged to pay the taxes of the products he has received at the customs. The BUYER has no right of withdrawal for the products that are not received from the customs in any way.
ARTICLE 6 – DEFAULT PROVISIONS
6.1. 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. If it is not fulfilled within this period, the right to demand the delivery of the goods and/or the termination of the contract and the refund of the price will arise by demanding the performance of the performance from the party that does not fulfill its performance.
6.2. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure that may prevent the SELLER from fulfilling its obligation or extraordinary events such as weather conditions preventing transportation, interruption of transportation, fire, earthquake, flood, the BUYER acknowledges that the SELLER cannot be held/subjected to any responsibility in such cases. The BUYER can execute one of their rights to cancel or postpone/delay the delivery time of their order until the blocking situation disappears. If the BUYER cancels the order, the amount paid to the SELLER will be paid to their side within 10 (ten) days.
ARTICLE 7- AUTHORIZED COURT
In disputes that may arise regarding this contract, the Consumer Problems Arbitration Committees in the BUYER or SELLER's legal settlement are authorized up to the value announced by the Ministry of Customs and Trade every year, and the Consumer Courts are authorized in disputes above the said value. This agreement is valid on the date when the order is electronically approved by the BUYER & acknowledged by the SELLER.
The English translation of the contract is for informational purposes only. In case of any dispute, the Turkish contract is taken as the basis.
SELLER: COŞ-AR KUY. SAN.VE TIC.LTD.STI.