DISTANT SELLING CONTRACT
RIGHTS AND OBLIGATIONS OF THE CONSUMER
1. Consumer should give the right and complete information about the product/service that s/he requests to purchase. To get the most beneficial service quality of consumer, s/he should fulfill all the liabilities in full.
2. Consumer should give the payment according to appropriate time in the distant selling contact.
3. When receiving the product, consumer should control and If any defects, consumer should be under obligation to report without delay. However, the products that are opened, used are not within revocation. The defects resulting from carrying should be notified at the delivery or without losing time.
4. Consumer should fulfill the notification required for defects and other subjects.
ORDER AND SELLING CONDITION
1. Our firm evaluate the orders in hour of work (every day 08:00 a.m-16:00 p.m). the orders coming after 16:00 p.m, it will be in process in the following day in hour of work.
2. The consumer approves and commits that s/he provides all the information correctly and in full about the order and If necessary, s/he can be reached through e-mail and phone number stated between order information.
3. After the successful order process given by consumer, our company sends a message that confirms the comletion of order process to the e-mail stated by the customer.
4. Our company holds a stock for the purchased products. Our company supply the products upon customers’ order. If the stock volume finish, the publication will be removed from the sale in that day. However, In the event that the stock runs out in the sulier, e-mail will be sent to the consumer and the amount against remuneration which is blocked remove from your credit card.
1. Therefore, from the website, the payment related to payment for orders is carried out by all credit cards. Consumer, will make contact with our Company for money transfer and like other purchase ways. The time of putting orders into process is not the time of order but it is the time when the money block process done in your credit card or the time when it is specified to reach to our account.
2. Consumer, therefore, is responsible for paying all taxes and for using the website utilize the services.
3. Information transfer in the process of credit card by our Company as SSL provides with secure connection. Credit card payment and provision of consumer automatically are provided with the system of VIRTUAL POS. Except the compelling reasons, repayment of the amount encashed by our company is not in question.
4. To the prices of all the products on the website relating to contract by our company, is VAT included. Transortation expense relating to the transportation of products ordered belongs to consumer.
5. In the event of the business company of consumer, in accordance with the invoice information stated by consumer, by organising the invoice, this will be sent to the ordering company. In the event of consumer’s being real person, the invoice will be organised and sent to person’s address.
6. With the successful provision of bank account and the payment of the customer to the product purchase, our Company will be responsible for transortation of consumer order to the district.
7. Our company has the autorization to change the payment policy and some or all of the services that our company provides. Together with the announcement published on the website the changes about the payment policy are activated simultaneously. 8. Our company is not responsible for the wrong price resulting from the systematic and typesetting.
PROVISIONS ABOUT THE DELIVERY
1. Our company will send the product of the consumer’s order within 10 days from the date of the order of consumer. Our company has the jurisdiction to prolong the date another 5 days.
2. Transportation expenses about the orders belong to consumer. In the event of completing the order of the order amount, it will be encashed from the credit card of the consumer. The expenses of transortation and cargo will be encashed from the consumer during the transportation.
3. If there is no one in the stated address for the delivery, there might be the delivery to the person with the same place.
4. While receiving the packages that s/he thinks it is damaged during the delivery, the consumer can open and control and If there is any defect the consumer is responsible for not receiving after reporting to the cargo firm. If the package is not accepted and there is a report, the copy of the report left to you needs to be reported to our company as soon as possible. Our comany provides the realization of new delivery. After the package is received by the consumer, it is confirmed that the delivery firm does its job properly.
5. Providing the reasonable grounds, our company, without the expiration of accomplisment obligation from contact, our company supplies service or property and equal quality to the consumer. Furthermore, asserting the impossibility of realizing the service or property about order, If the company can not carry out its responsibility about the contract, the company informs the costumer before the time runs out of the accomlishment responsibility and the company returns all the documents having price and debt in 10 days. 6.Therefore, the conditions in the event of realizing without any defects by CONSUMER, our Company, will not be responsible for delivering the products ordered by consumers.
PROVISIONS ABOUT RETURN RIGHTS
1. Consumer has the return right within seven days from the date of receiving in the distant contact. With opened and damaged package and used products is out of this rule. In the event of determining the damage, breaking, or opening of the package and product, and of not returning with the same alike the company will not return the product and does not return the price.
2. The consumer will not take advantage of the provision of waive stated above related to delivered property to consumer and service performed in the electronic setting.
3. In the event of waiving the shopping or returning the products of consumer, the consumer should return all the copies of product in full to our Company.
4.The price of the returned product by consumer will be sent to the customer by Company in 10 days. Our company is not responsible for the delays into consumer’s account.
5. If you request the cancellation during after supply of the product, by cutting back 5% over your payment amount, your return will realize.
6. For the products returned appropriate for above conditions, the cargo price will be paid by consumer.
7. Return products in the way of opened, used or damaged will not be accepted by our Company.
8. Consumer is responsible for returning the product with the same way the product comes and If the usage is taken into account, and for compensation because of the usage, the loss of the product commercial value.
9. The transfer made in the event of appropriate return condition the price of cargo will be paid by the customer. The products that is returned should be transmitted to our comany by cargo firms.
THE CANCELLATION OF THE ORDER Supply the products you ordered and before cargo, you can cancel your orders. In such situation, you can get in touch with e-mail email@example.com or by calling the number 0312 311 69 03 and cancel your your request. The return payment will be realized in 10 days.
Our Comany will not be responsible for any damage or other loss resulting from directly usage or the access to the website by consumer.
DISTANT CONTACT MAIN APPLICATION ABOUT INSTRUCTION
1- The objective of this code is to regulate the application and fundamentals about distant contact.
2- This code is applied to contacts which include by using the written, visual and in the electronic setting and the delivery of property or service to the customer instantly or later without encountering the consumer or decided accomlishment.
3- This code is prepared based on the date 23/2/1995 and the code about Consumer Protection of 31th and 9/A articles added with 4822 numbered to this article.
4- In the application of this regulation ;
a) Ministry: defines Ministry of Industry and Commerce,
b) Minister: defines Minister of Industry and Trade,
c) Property: Defines movable property that is subjected to shopping, not-movable property objective to house and holiday and intangible property, software, voice, imaging prepared for using electronic setting,
d) Service: Defines any business other than providing against price and benefit
e) Seller: Defines individual or legal entity that provides property to the consumers as part of trade and professional activity including also public corporation
f) Provider: Defines individual or public corporation that provides service to consumer as art of trade and professional activity including public corporation,
g) Consumer: Defines individual or public corporation benefiting from or using and acquiring property or service with the intention which is not commercial or vocational.
h) Creditor: Defines bank, special finance institutions, financing company which are authorized to give available cash to the consumers requried by legislation.
ı) Distant Contact: Defines the contracts whose accomlishment or the transfer of the property or service to the customer is decided and the contacts that is done without encountering with the consumer and by using othe communication in the electronic setting, written, visual, or phone.
5- Before the reaching distant contract to the consumer it is rudimentary to give the following information.
a) The information of seller or provider of the name, title, mailing address, phone and If any access information,
b) the main features of property or service of contract
c) Selling price of all the taxes of property or service in the contract.
d) Validity period of all the committment including seller and provider
e) Information about how the consumer pay the payment,
f) Information about how to do the delivery and accomlishment and If any the information of how to cover expenses about this and who to pay.
g) Information about right of withdrawal and how to use this right h) If any cost to consumer, the payment of communication way used.
ı) The program about the delivery and accomlishment date of the property or service in the contract.
j) The mailing address, phone and If any other communication information of seller or provider that the consumer can send requests and complaints.
The Vindication of Briefings as Writen Form Article 6- If the consumer does not confirm the briefing as true and complete as written, the contract will not be drawn up. In the contacts in the electronic setting, this confirmation is done in the electronic setting. Consumer should get written approval that includes briefing before accomlishment of the contract at the latest for services before the property reaches to herself/himself.
Obligartory Conditions in the Contact Article
7- It is obligatory that the distant contract is written and obligatory to give a copy of the contract to the consumer. In the contract;
a) The name, title, mailing address, phone and other communication information of the consumer, seller and provider,
b) The date of the regulation of the contract,
c) Delivery, accomlishment and form of the service and property,
d) The information of the expense about delivery and accomlishment and who to meet it.
e) The kind of property or service, quantity and If any model in the contract,
f) Cash selling price VAT included tax as TL of property,
g) According to the term, total selling price as Turkish Lira that is paid together with interest according to the term.
h) Interest of default rate that does not exceed the 30% of interest stated in the contract and annual rate of the calculation of interest.
ı) Downpayment amount
j) Payment scheme
k) The legal result of going into default of the debtor are included.
Right of withdrawal Article
8- Consumer has the right of withdrawal from the contact by rejecting the property without juristification and taking criminal and civil in 7 days beginning with the date of delivery in the distance contact about the selling of the property. liability in the distance contract about service delivery this term begins with the date when the contract is signed. If the accomplishment of service is determined within 7 days in the contract, the consumer has the right of withdrawal until the date of the accomplishment. The expenses resulting from the usage of right of withdrawal belong to seller or provider. The contracts about the property delivered instantly to consumer and services that is accomplished in the electronic setting are not subjected to the provisions about the usage and right of withdrawal. Even If The delivery of the property is made to the person other than consumer who is a party to the contract the consumer has the right of withdrawal. In this condition, the seller takes the property from the third party with the provision of 9th article of 4th sub-article. According to the special request of consumer, in the products specialized to a person or modified, the customer has not jurisdiction to retract. In addition, consumer has no jurisdiction to retract in the products whose date close to expire, impairment or return by its nature. In the event that there is any missing condition in the 6th and 7th articles of this regulation, seller or provider compensate the missing condition in 30 days at the most. In the event of calender week, from the date when the information should be in written form that exlains the missing condition is compensated. If the price that the consumer paid is compensated as partly of full by the seller or provider or between provider or creditor based on the agreement, in the event of use of the right of withdrawal without credit contract and payment of the penal clause amount payment liability, it is automatically concluded. However, for this, retract notice should be also given to the creditor as a written form.
Responsibility of Seller and Provider Article
9- Seller is responsible for the deed within 30 days at the latest from the reach of the order of the consumer. This period could be extended for 10 days to report as written well in advance to consumer. The seller or provider, in 10 days from the date of retract notify of the consumer, is responsible for returning the legal instrument and all the documents which obligate the consumer the price that is taken, also is responsible for withdrawing the property in 20 days. Seller or provider submits a copy of the agreement and the written approval regarding the confirmation of for acknowledge information by having this document signed by hand of the consumer before the delivery or the execution of the aforementioned property or service of the distant contract. In case of discrepancy the burden of proof belongs to the seller and provider.Providing based on the valid reason, seller or provider can supply property which is same quality and price or service before the expiration of the accomlishment responsibility resulting from the contract and state in the contract. Seller or provider, by asserting that the unfullfilling the property or service of the order and unfullfilling the resonsibilities of the contract, notify to the consumer before the accomlishment responsibility. Seller or provider returns all the documents which is under debt and the paid price in 10 days to the consumer.
10- In the distance contract, If the payment is realized via credit card or similar way, consumer can request to cancel the process by stating the usage out of his/her will and against law. In this condition, in 10 days from the notification of the objection of the institute that issue the card itself, should return the paid price to the consumer.
Contracts out of scope Article
11- This provision of regulation;
a) Bank, about insurance,
b) draw up via automatic selling,
c) draw up via phone with token public access
d) Draw up by way of the auction,
e) about the supply of the property provided regularly to the home or offices for daily consumption, drinks and food.
f) This is not applicable to the contracts including provision about the supply the sheltering, transportation, meal supply, sportive and cultural activity that the provider undertakes.
12- This regulation comes into force in the date of 14/6/2003
13- Bu Regulation provision is executed by Ministry of Industry and Commerce