Distance Sales Agreement
ARTICLE 1- PARTIES:
Commercial Title: EMCA BUYFROMTURKEY İNŞ.GAYRIMENKUL İTH.İHR.LTD.ŞTİ.
Address: FULYA MAH. BÜYÜKDERE CAD. NO:74D K:3 OFFICE: 10 TORUN CENTER SISLI/İSTANBUL
Mersis No: 0333210000100001
Phone : +90 532 361 51
e-mail: [email protected]
Name and surname :
ARTICLE 2- SCOPE OF THE AGREEMENT:
This contract is in accordance with the Law No. 4077 on the Protection of Consumers and Distance Agreements regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically (e-commerce) from the SELLER’s https://buyfromturkey.co website. It determines the rights and obligations of the parties in accordance with the provisions of the Regulation.
ARTICLE 3- PRELIMINARY INFORMATION:
a) The basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller or supplier, if any, MERSIS number, full address, telephone number and similar contact information
ç) If the seller or supplier has different contact information for the consumer to submit their complaints, information about them,
d) The total price of the good or service, including all taxes, if it cannot be calculated in advance due to its nature, the method of calculation of the price, all transportation, delivery and similar additional costs, if any, and information that additional costs can be paid if these cannot be calculated in advance,
e) In cases where the usage fee of the remote communication tool cannot be calculated over the ordinary fee schedule during the establishment of the contract, the additional cost imposed on the consumers,
f) Information on payment, delivery, performance, and commitments, if any, and the seller or supplier’s resolution methods for complaints,
g) In cases where there is a right of withdrawal, information on the conditions, duration, procedure of the exercise of this right and the carrier that the seller envisages for the return,
ğ) The full address, fax number or e-mail information to which the withdrawal notification will be made,
h) In cases where the right of withdrawal cannot be exercised, information on whether the consumer cannot benefit from the right of withdrawal or under which conditions he will lose his right of withdrawal,
ı) Upon the request of the seller or supplier, deposits or other financial guarantees, if any, to be paid or provided by the consumer, and the conditions thereof,
i) Technical protection measures, if any, that may affect the functionality of digital contents,
j) Information on which hardware or software the digital content can work with, which the seller or provider is known or reasonably expected to know,
k) It accepts and declares that the consumers can make their applications to the Consumer Court or the Consumer Arbitration Committee regarding all these matters, that they are informed by the Seller in accordance with the internet environment, that they confirm this preliminary information in electronic environment and then order the goods in accordance with the provisions of this contract.
The preliminary information on the https://buyfromturkey.co site and the invoice issued on the order given by the buyer are integral parts of this contract.
ARTICLE 4- PRODUCT AND DELIVERY INFORMATION:
The type and type, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the product/products purchased electronically are as specified in the order summary. The SELLER reserves the right to stop the order when it deems necessary, when the information given by the BUYER does not correspond to the reality. Orders are shipped within 1-3 business days from the date the order is placed.
ARTICLE 4- CONTRACT DATE, DELIVERY, FORCE MAJEURE:
4.1. The contract date is the date the order is placed by the buyer.
4.2. The delivery costs of the Goods/Services belong to the Buyer. If the Seller has declared on the website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; It is done in the promised time after the seller’s stock is available and the payment is made. The Seller delivers the Goods/Services within 1 (one) – 7 (seven) business days after the Goods/Services are ordered by the Buyer and reserves the right to extend the time for an additional 7 (seven) business days with a written notification within this period.
4.3. Circumstances that do not exist or are not foreseen at the date of signing of the contract, that develop beyond the control of the parties, that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time, force majeure (natural disaster, war , terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not be liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
ARTICLE 5- RIGHTS AND OBLIGATIONS OF THE SELLER:
5.1. The Seller agrees and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts.
5.2. The Seller fulfills its performance in the contract by delivering the Goods/Services purchased by the Buyer to the Buyer.
5.3. You can shop at https://buyfromturkey.co with a credit card (Visa, MasterCard). The processing time of orders is not the moment the order is placed, but the moment the required collection is made from the credit card account. Payment methods made without contacting customer service, such as pre-paid post or postal check, are not accepted.
ARTICLE 6- RIGHTS AND OBLIGATIONS OF THE BUYER:
6.1. The buyer accepts and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
6.2. The buyer accepts and undertakes that he/she has accepted the terms of the employment contract and will make the payment in accordance with the payment method specified in the contract.
6.3. Buyer. From the website https://buyfromturkey.co, the seller’s name, title, full address, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, the official authorities to which they can submit their complaints and objections, etc. He/she accepts and declares that he/she has clear, understandable and appropriate information about the internet environment and confirms this preliminary information in electronic environment.
6.4. Before receiving the Contracted Goods/Services, the Buyer examines them and finds out that it is damaged, broken, packaged, etc. damaged and defective Goods/Services should not be received from the cargo company. If he takes it, the responsibility is entirely his own. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer.
6.5. If the relevant bank or financial institution fails to pay the price of the goods/services 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 Goods/Services, the Buyer must have been delivered to the Seller. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery costs belong to the Buyer.
6.6. If the buyer wishes to return the product he has purchased, he agrees and undertakes not to damage the product and its packaging under any circumstances, and to return the original invoice and the delivery note at the time of return.
6.7. In case it is understood that the subject of the contract cannot be supplied and/or a stock problem is encountered, if the Buyer is immediately and clearly informed and approved, another good can be sent to the Buyer with equal quality and price, or in line with the buyer’s desire and choice; a new product may be sent, it may be expected that the product will be in stock or the other obstacle preventing delivery will be removed, and/or the order may be cancelled.
ARTICLE 7- RIGHT OF WITHDRAWAL:
The buyer has the right to withdraw from the contract within 14 (fourteen) days after receiving the goods, without giving any reason and without paying any penalty. In order to exercise the right of withdrawal, it is obligatory to notify the Seller within this period in accordance with the provisions of the legislation.
In case of exercising the right of withdrawal:
a) It is obligatory to return the product delivered to the Buyer or the third party with the above information.
b) The box, packaging, standard accessories, if any, of the products to be returned within 14 (fourteen) days must be delivered complete and undamaged, if any, other products gifted with the product.
c) The product price is returned to the Buyer within 10 (ten) days following the exercise of the right of withdrawal and the access of the information.
d) When returning the product to the Seller, the original invoice submitted to the Buyer during the delivery of the product must also be returned. Return shipping cost belongs to the Seller. The return section of the invoice to be returned with the product will be returned by filling in and signing by the Buyer.
e) The right of withdrawal period starts from the day the goods are delivered to the buyer.
f) In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging that were purchased by mistake, and in case the product cannot be returned as it was when it was delivered to the buyer, the product will not be returned and the price will not be refunded.
ARTICLE 8- CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding the services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
ARTICLE 10-PRIVACY AND MEMBERSHIP:
The Confidentiality Agreement and Membership Agreement on the https://buyfromturkey.co site have been approved by the parties and are an integral part of this agreement.
ARTICLE 11- DEFAULT OF THE BUYER:
11.1. In the event that the buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement that the bank has made with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees arising from the Buyer. The seller has no responsibility in this regard.
11.2. In the event that the Buyer defaults on receiving the product and is not present at the delivery address specified by the Buyer, the relevant product is received from the relevant branch of the cargo company within 3 (three) days at the latest. Otherwise, the Seller shall be deemed to have fulfilled the contract and the shipping (cargo) costs for the product shipped a second time upon the Buyer’s request shall be borne by the Buyer.
ARTICLE 12- EVIDENCE AGREEMENT:
The Buyer, in case of disputes arising from this Agreement, states that the Seller’s official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is in the nature of a contract.
ARTICLE 13- AUTHORIZED COURTS AND EXECUTION OFFICES IN DISPUTES:
In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and Bakırköy Consumer Courts are authorized up to the value announced in December every year by the Ministry of Industry and Trade.
ARTICLE 14- FINAL PROVISION:
This Agreement, which consists of 14 (fourteen) articles, was concluded by being read by the Parties and approved by the Buyer electronically and entered into force immediately.
Emca Buyfromturkey E-Ticaret İnş.Gayrımenkul İth.İhr.Ltd.Şti.