Distance Sales Agreement
1. Parties
1.1. SALES PERSON
Title: GORKEM YILMAZ
Address: Mustafa Kemal Pasa Mah. Sivrihisar Cad. No: 36/101 Tepebaşı ESKISEHIR
Phone number: 0532 682 99 29
Tax Office: Eskişehir Tax Office
Tax number: 11369226000
Email address: info@pipemeerschaum.com
Website: www.pipemeerschaum.com
1.1. BUYER
Name/Surname/Title: {{ALICI_ISIM}}
Address: {{ADRES_FATURA}}
Email address: {{ALICI_EPOSTA}}
2. Subject and Scope of the Agreement
The subject of this contract is the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers numbered 4077 and the Regulation on the Implementation Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's website. detection.
3. Contractual Product/Products
Payment method: {{ODEME_SEKLI}}
Delivery address: {{ADRES_TESLIMAT}}
Delivery person: {{ADRES_TESLIMAT_KISI}}
The type and type, quantity, brand/model color and sales price of the products are as follows.
{{URUNLER_TABLE}}
4. General Provisions
4.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. Acknowledging that the BUYER has confirmed the preliminary information in electronic environment, the address to be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete. and commits.
4.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
4.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required by the job, and to perform the work in accordance with the standards, in accordance with the standards, in accordance with the legal regulations, free from all kinds of defects. It accepts, declares and undertakes to protect and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
4.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
4.5. The SELLER accepts, declares and undertakes that if it becomes impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation, and will return the total price to the BUYER within 14 days.
4.6. The BUYER accepts, declares and undertakes that he/she will confirm this contract electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
4.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense.
4.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER states that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely processed by the bank.
The BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
4.9. Communication, marketing, communication via letter, e-mail, SMS, phone call and other means of the SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later, has the right to reach the BUYER for notification and other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
4.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
4.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
4.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER, due to the falseness of this information.
4.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
4.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities that prevent or make it difficult for others to use the services (Spam, virus, trojan horse, etc.).
4.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of facilitating the redirection of the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
4.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
5. Right of Withdrawal
5.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 days from the date of delivery, on the condition of notifying the SELLER, without taking any legal and criminal responsibility and without giving any reason, he can use his right to withdraw from the contract by rejecting the goods. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
5.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 days and the product has not been used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised,
5.2.1. The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
5.2.2. Return form
5.2.3. The box, packaging, if any, of the products to be returned
It must be delivered complete and undamaged with its ndart accessories.
5.2.4. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
5.2.5. If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
5.2.6. In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
6. Products for which the Right of Withdrawal cannot be exercised
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 are perishable 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.
All kinds of software and digital purchases
Unpacked DVDs, VCDs, CDs, cassettes, console games and books
Computer and stationery consumables (such as toner, cartridge, ribbon)
All kinds of cosmetic products
underwear products
Phone top up orders
7. Competent 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.
8. Enforcement
When the BUYER makes the payment for the order placed on the site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
DATE: {{TARIH}}