The parties to this Distance Sales Contract are the buyer (“BUYER”) who places the order electronically and requests the sale and delivery of the product belonging to the environment (“environment” or “SELLER”) (“Site”).
By accepting this Agreement, the BUYER accepts, declares and undertakes that if he/she approves the order subject to the Agreement, he/she will be obliged to pay the price of the order and any additional fees, if any, in accordance with the principles specified in this Agreement.
ARTICLE 2 SUBJECT
The subject of this contract is that the BUYER orders electronically from the website under the domain name cevrehastanesi.com.tr belonging to the SELLER, the application connected to it or all applications connected to it (“Site”), and the qualifications and sales price of which are specified on the Site at the time of order. It is the regulation of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer (“Law No. 6502”) and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 regarding the sale and delivery of the product (“Product(s)”).
ARTICLE 3 CONTRACTUAL PRODUCT AND PAYMENT
3.1. The type and type, quantity, brand/model, basic qualities, color, sales price including all taxes, delivery costs and delivery information of the Products are as chosen and approved by the BUYER and as stated on the Site. The product selection and the qualifications of the Product are entirely the responsibility of the BUYER.
3.2. The BUYER has chosen the one suitable for his/her request from the products included in the website, application and all related applications under the domain name cevrehastanesi.com.tr.
3.3. The BUYER shall submit the billing information on the Site during the payment, and the BUYER accepts, declares and undertakes that the billing information to be submitted is complete and complete. The invoice to be issued by the SELLER will be sent to the BUYER together with the purchased products.
3.4. The payment method will be selected by the BUYER at the time of payment.
3.5. Cash Transaction with Credit Card (One Shot)
3.5.1. BUYER in the 3.5 of this Agreement. and 3.6. It accepts, declares and undertakes in advance the Credit Card and Advance Transaction and Return Procedure regulations in the articles. Since the payment will be made by credit card, no delay interest is applied by the SELLER.
3.5.2. When the BUYER chooses the credit card payment method, he will enter his credit card information on the relevant page before completing his shopping on the Website. The BUYER can choose any of the installment options on the relevant page to the extent appropriate, or can make the payment with a single withdrawal option.
3.5.3. If the BUYER chooses one of the installment options, the above section will contain the information in how many installments the total order to be sent to the BUYER's bank will be paid.
3.5.4. The BUYER's bank may apply a higher number of installments than the selected number of installments by organizing campaigns, and may offer services such as installment postponement. Such campaigns are at the discretion of the BUYER's bank and if the SELLER is informed, information about the campaigns is provided on the Website.
3.5.5. The BUYER shall be responsible for the accuracy of the card information to be given during the credit card payment method.
3.5.6. In payments made using the credit card payment method option, if the card is used unlawfully by someone other than the holder of the card, transactions are made in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards.
3.6. Credit Card Refund
3.6.1. In cases where the BUYER uses his right of withdrawal, or when the product subject to the order cannot be supplied for various reasons, or in cases where a decision is made to refund the BUYER with the arbitral tribunal or court decisions, if the purchase is made with a credit card and in installments, the procedure for returning to the credit card is stated below.
3.6.2. In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in installments. The method of return to be made by the Bank to the BUYER is between the BANK and the BUYER, and the SELLER has no responsibility in this regard.
3.6.3. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.
3.6.4. In the event of the return of goods and services purchased with a card, the SELLER cannot pay the BUYER in cash in accordance with the contract it has made with the Bank. In case of a refund, the SELLER will make the refund via the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on credit, the BUYER cannot be paid in cash in accordance with the above-mentioned procedure. Refund to the credit card will be made by the Bank in accordance with the above procedure, after the SELLER has paid the amount to the Bank at once.
3.6.5. The BUYER accepts and undertakes that he has read and accepted this procedure.
3.7. Transaction by Bank Transfer or EFT
3.7.1. BUYER hereby contract 3.7. and 3.8. It accepts, declares and undertakes in advance the Bank Transfer or EFT and Transaction and Return Procedure regulations in the articles. Since the payment will be made by Bank Transfer or EFT, no delay interest is applied by the SELLER.
3.7.2. The processing date of the orders for which the payment is made by bank transfer or EFT is not the date the order is placed, but the date the payment reaches the bank accounts of the SELLER.
The BUYER accepts, declares and undertakes in advance that the SELLER will cancel the order if he does not make the payment within 1 (one) week for the orders placed by bank transfer or EFT.
3.7.3. For the delivery of the product subject to the contract, the price must be paid with the payment method preferred by the BUYER. If the contract price is not paid or canceled in the bank records for any reason, especially for the orders that are not transferred within 1 (one) week in the remittance payment type, the SELLER is deemed to be free from the obligation to deliver the product.
3.8. Return Procedure for Wire Transfer/EFT Payment Options
The refund will be made in the form of money transfer or EFT to the account specified by the BUYER, provided that the bank account information is requested from the BUYER, on the condition that it is in the name of the person at the billing address of the account or on behalf of the user member.
ARTICLE 4 DELIVERY
4.1. The product is delivered to the delivery address specified by the BUYER on the Site or to the person/organization at the address indicated, in a packaged and intact condition, within 30 days at the latest after the conclusion of the contract, war, natural disaster, riot, strike, lockout, flood, fire, This period may be extended in cases such as earthquakes, epidemics, etc., which occur without any fault of the SELLER and cannot be prevented by reasonable measures.
4.2. In the event that the delivery of the Product becomes impossible, the SELLER shall notify the BUYER in writing or with a permanent data store within three (3) days from the date of learning of this situation, and all payments collected, including the delivery costs, if any, in accordance with the above procedures, shall be paid at the latest from the date of notification. will return it no later than fourteen (14) days.
4.3. Pursuant to Article 16 of the Distance Contracts Regulation, the BUYER may unilaterally terminate this Distance Sales Contract if the Product cannot be delivered to him within 30 days.
4.4. In case of termination of the contract by the BUYER due to the delay in the delivery period, the SELLER shall submit to the BUYER within fourteen days from the date on which the notice of termination, including the delivery costs, is received by the SELLER, according to the Law No. 3095 on Legal Interest and Default Interest, dated 4/12/1984. It will repay it together with the legal interest determined in accordance with Article 1.
4.5. Even if the BUYER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not responsible for the damages and expenses caused by the BUYER's late delivery and/or non-delivery of the product. The SELLER is responsible for the delivery of the contracted product with warranty documents and user manuals pursuant to the Promotion and User Guide Regulation, if it is necessary to issue a warranty certificate within the scope of the Warranty Certificate Regulation in accordance with the specifications specified in the order and in accordance with the Articles 55 and 56 of the Law on the Protection of the Consumer. is responsible.
4.6. If the product 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.
4.7. The BUYER is responsible for checking the Product as soon as it is received and when he sees a problem in the Product caused by the cargo, not accepting the Product and keeping a report to the CARGO company official. Otherwise, the SELLER will not accept responsibility.
ARTICLE 5 GENERAL PROVISIONS
5.1. The BUYER declares that he has read and learned the basic characteristics of the product subject to the contract, the sales price and payment method and the preliminary information about the delivery on the Site and that he has given the approval and confirmation of the sale of the Product in electronic environment.
5.2. The BUYER confirms the Distance Sales Contract Preliminary Information Form (“Preliminary Information Form”) on the Site in electronic environment, the SELLER information that must be given to the Consumer by the SELLER before the conclusion of the distance contracts, the basic features of the ordered products, the products It confirms that it has obtained the sales price in Turkish Lira including taxes, payment and delivery information accurately and completely and that it has approved this information.
5.3. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated, within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal 30-day period. This period should be evaluated separately for each product ordered.
5.4. Shipping fee will be paid by the BUYER. The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems arising from the BUYER that the courier company may encounter during the delivery of the product to the BUYER.
5.5. The SELLER is responsible for the delivery of the contractual product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
5.6. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
5.7. The SELLER is not responsible for price and content errors arising from typographical and system errors that may occur on the Website.
5.8. If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the BUYER before the contractual performance obligation expires and shall return the total price to the BUYER within 10 days from the date of notification.
5.9. For the delivery of the product, the Preliminary Information Form must be confirmed electronically. If, for any reason, the product price is not paid or the payment is canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
5.10. In case the bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the credit card of the BUYER by unauthorized persons after the delivery of the product, which is not due to the fault of the BUYER, the BUYER shall be the SELLER within 3 days, provided that the BUYER has delivered the product to him. or have to return it. In this case, the shipping costs will belong to the BUYER.
5.11. If the BUYER does not pay the price of the product ordered or the sale price cannot be collected due to the lack of the required amount in the credit card account, the product will not be sold. The BUYER accepts, declares and undertakes that the processing time of the order is not the moment the order is placed, but the time the necessary collection is made from the credit card account or the payment is made, and that the SELLER will not be obliged to offer any product in case this collection cannot be made.
5.12. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to inform the BUYER of the situation. In this case, the BUYER may use one of his limited optional rights such as (i) cancellation of the order, (ii) replacement of the product subject to the contract with its precedent, if any, or iii) delaying the delivery time until the obstacle is removed. If the BUYER cancels the order, the total amount paid will be paid to him in cash and in full within 10 days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. The reflection of this amount on the BUYER's accounts after the SELLER's return to the bank is entirely related to the bank transaction process. The BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for the delays after the relevant product amount is returned to the bank, and that the amount returned by the SELLER to the credit card will be reflected by the relevant bank to the BUYER's account in accordance with the application procedure of the bank.
ARTICLE 6 RIGHT OF WITHDRAWAL
6.1. BUYER; In distance contracts related to the sale of goods, the product can use its right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods. The costs arising from the use of the right of withdrawal belong to the SELLER.
6.2. In determining the period of the right of withdrawal;
In the case of goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the final product,
goods consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece
, In contracts where the goods are delivered regularly during the period, the day when the consumer or the third party determined by the consumer receives the first goods is taken as a basis.
6.3. exercise of the right of withdrawal
If the Right of Withdrawal is exercised,
If the invoice of the product to be returned is corporate, the invoice must be sent together with the return invoice issued by the institution. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.
The products to be returned must be delivered to the SELLER completely and undamaged together with the box, packaging and standard accessories, if any. The delivery regarding the refund will be made to the address specified in accordance with the procedures and principles in the Cancellation and Refund Conditions specified at cevrehastanesi.com.tr.
The SELLER is obliged to return the product to the SELLER or the person it has authorized, within 10 days at the latest from the date of the withdrawal notification.
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.
6.4. (i) Contracts for non-SELLER goods and services, the price of which changes depending on the fluctuations in the financial markets; Contracts for the delivery of products whose return is not suitable in terms of health and hygiene (iii) contracts for products that deteriorate rapidly or are likely to expire (iv) Contracts for products prepared in line with the BUYER's request and personal needs (v) (vi) contracts for books, digital content and computer consumables offered in material form in case the protective elements such as packaging, tape, seal, package are opened after delivery, (vii) except for those provided under the subscription agreement, newspaper Contracts for the delivery of periodicals such as magazines and magazines, (viii) contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure time for entertainment or rest, which must be made on a certain date or period, The BUYER CANNOT USE THE RIGHT OF WITHDRAWAL for the services performed or the contracts regarding the intangible goods delivered instantly to the consumer and (x) the contracts regarding the services that are started with the approval of the consumer before the expiry of the right of withdrawal.
ARTICLE 7 RESOLUTION OF DISPUTES
In the implementation of this contract, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where the residence is located, are authorized up to the value declared by the Ministry of Industry and Technology of the Republic of Turkey (“Ministry”).
The BUYER can make his applications regarding complaints and objections to the arbitral tribunal or the consumer court for consumer problems in the place where he/she purchases the goods or services within the monetary limits determined by the Ministry or where he/she resides.
Monetary limits are determined by the Ministry in December every year, and complaints and objections must be made to the relevant Consumer Arbitration Committee or Consumer Court in accordance with these monetary limits.
ARTICLE 8 ENFORCEMENT
With the acceptance and approval of this Agreement and the realization of the payment for the order placed on the website, the BUYER shall be deemed to have accepted all the terms of this Agreement and this Agreement will enter into force.
The name, title, full address, telephone and other access information of the BUYER, SELLER The basic features of the service subject to the contract, the sales price including taxes, the payment method, all preliminary information about the service subject to the sale and the use of the right of "withdrawal" and the use of this right. how to use it, the official authorities to which they can submit their complaints and objections, and all rights and obligations brought by the contract, that they are informed by the SELLER in accordance with the internet environment and the Law No. 6502, that they have accurate and complete information on these issues, that they confirm this preliminary information electronically, and He/she accepts, declares and undertakes that he/she has placed an order afterwards, that he/she is a party to the Actifoamsports Online Membership Agreement by accepting the terms of the contract and that he has no objections.
The Preliminary Information Form on cevrehastanesi.com.tr, the Actifoamsports Online Membership Agreement and the invoice issued on the order given by the BUYER are integral parts of this Agreement.
The BUYER accepts, declares and undertakes that he/she has read and accepted the articles specified in this Contract and that he/she has no objections and knows that the order subject to this contract will create a payment obligation.