Distance Sales Contract
SALES CONTRACT
ARTICLE 1- PARTIES
1.1. SELLER:
Derman Elektrik Elektronik Resturant İşletmeciliği ith ihr san ve tic
Address: Cumhuriyet mah ipek sok no:2 sivrihisar/eskişehir
Telephone: 0222 221 7733
Fax: 0222 221 7733
1.2- BUYER:
Name/Surname/Title : [[solesme.Buyer_AdSoyad]]
Email : [[sozlesme.Buyer_Email]]
ARTICLE 2- SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts in relation to the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the website of the SELLER [[sozlesme.SiteDomain]].
ARTICLE 3- PRODUCT SUBJECT TO THE CONTRACT
3.1- The type and type, quantity, brand/model, color, sales price including taxes (as unit x unit price) of the products are as follows.
[[sozlesme.Siparis_Urunler]]
3.2- Payment Type : [[contract.Odeme_Tipi]]
If you are ordering by credit card with installment transaction:
Your bank may organize campaigns and apply a higher number of installments than the number of installments you have selected, and services such as installment deferral may be offered. Such campaigns are at the initiative of your bank and if our company is aware of them, information about the campaigns is provided on our pages.
As of your credit card's account cut-off date, the order total will be divided by the number of installments and your credit card summary will be sent to your credit card statement by your bank.
3.3- On the other hand, since forward sales are made only with credit cards belonging to Banks, the BUYER agrees, declares and undertakes that he/she will confirm the relevant interest rates and default interest from his/her bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the BUYER.
Refund Procedure:
A) CREDIT CARD REFUND PROCEDURE
In cases where the BUYER uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the price to the Consumer with the decisions of the arbitration committee, if the shopping is made by credit card and in installments, the credit card refund procedure is stated below:
After the SELLER pays the full amount of the product price to the bank at one time, in the event that the installment expenditures made from the Bank poses are returned to our Customer's credit card, the requested refund amounts are transferred to the bearer party accounts by the Bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the customer until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 refund will be reflected on the card every month and the customer will receive the installments paid before the return after the installments of the sale are over, the number of installments paid before the return and will be deducted from the existing debts.
In case of the return of the goods and services purchased with the card, the SELLER cannot pay the Customer in cash in accordance with the contract it has made with the Bank. The merchant, that is, the SELLER, will make the return through the relevant software when a return transaction is in question, and since the merchant, that is, the merchant, is obliged to pay the relevant amount to the Bank in cash or in cash, the Customer cannot be paid in cash in accordance with the procedure we have explained above. The return to the credit card will be made by the Bank in accordance with the above procedure after the SELLER pays the price to the Bank at one time.
The BUYER accepts and undertakes that he / she has read and accepted this procedure.
B) RETURN PROCEDURE FOR DOORSTEP PAYMENT AND MONEY ORDER/EFT PAYMENT OPTIONS
In door-to-door payment and Money Order / EFT payment options, the refund will be made in the form of Money Order or EFT to the account specified by the Consumer (the account must be in the name of the person at the billing address or in the name of the user member) by requesting bank account information from the Consumer.
3.4- Delivery Method and Address :
Person to be Delivered : [[sozlesme.Teslim_AdSoyad]]
Contact Information of the Person to be Delivered: [[contract.Delivery_TelefonGsm]]
Delivery Address : [[contract.Delivery_Address]]
Invoice Address : [[contract.Invoice_Address]]
Delivery will be delivered by hand at the above-mentioned address of the BUYER through the cargo company ([[sozlesme.KargoFirmasi]]). Even if the BUYER is not present at the address of the BUYER at the time of delivery, the SELLER will be deemed to have fulfilled its performance in full and in full. For this reason, any damage caused by the BUYER's late receipt of the product and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER also belong to the BUYER.
Cargo Fee : [[sozlesme.KargoUcreti]], the shipping price is added to the total amount of the order and paid by the customer. It is not included in the product price.
[[sozlesme.Invoice_GonderimTipiUcreti]]
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares that he / she has read and informed the preliminary information regarding the basic qualities, sales price and payment method and delivery of the product subject to the contract on the [[sozlesme.SiteDomain]] website and that he / she has given the necessary confirmation electronically.
4.2- The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described in the preliminary information on the website, depending on the distance of the BUYER's settlement for each product, provided that it does not exceed the legal 30-day period.
4.3- If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.
4.4- The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5- For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.6- After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a way not caused by the BUYER's fault, it is obligatory to send the product to the SELLER within 3 days, provided that it has been delivered to the BUYER.
4.7- The defective or defective products of the products sold with the warranty certificate or not can be sent to the SELLER for the necessary repair to be made to the authorized service within the (defective) warranty conditions, in which case the shipping costs will be covered by the SELLER.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw by refusing the goods within 7 days from the delivery of the product subject to the contract to him or the person / organization at the address indicated. The product price is returned to the BUYER within 10 days from the date the consumer's withdrawal notification reaches the SELLER. (see Article 9/2 of the Regulation on Distance Contracts) The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or signing of the contract without any legal and criminal liability and without any justification, and we undertake to take back the goods from the date of receipt of the withdrawal notification to the SELLER or provider.
395 In accordance with the general communiqué of the tax procedure law numbered, in order to make the return transactions in accordance with the general communiqué of the tax procedure law, the relevant sections of the invoice with the return section we have sent to you must be filled in completely and sent back to us with the product after signing.
However, in TRNC and overseas shipments, since our Customers do not pay VAT in their orders, they are obliged to pay the taxes of the products received at customs. Customers do not have the right of withdrawal for products that are not received from customs in any way. Because in accordance with Article 8 of the REGULATION ON THE PRACTICE PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS, the Consumer has the right to withdraw from the contract by refusing the goods within seven days from the date of receipt without any legal and criminal liability and without any justification.
ARTICLE 6- PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be used for products that cannot be returned due to their nature, disposable products, copyable software and programs, products that deteriorate quickly or expire. The use of the right of withdrawal in the following products depends on the condition that the packaging of the product is unopened, intact and the product has not been used.
-Portable Computers and Desktop Computers (Returns will not be accepted after the original operating system is installed, that is, after the computer is installed)
-All kinds of software and programs
-DVD, VCD, CD and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All kinds of cosmetic products
-Phone top-up orders
Products that cannot be returned due to their nature (except in cases where the product is defective or defective, products that may pose a health hazard after opening, e.g. products that require one-to-one contact with the body during use (in-ear or on-ear headphones, etc.), disposable products, copyable software and programs, products that deteriorate quickly or expire, and are not returnable.
ARTICLE 7- DEFAULT PROVISIONS
In the event that the parties do not fulfill their obligations arising from this contract, the provisions of the Debtor's Default provisions in Articles 106-108 of the Code of Obligations shall apply. In cases of default, in the event that any party fails to fulfill its obligations without a justifiable reason within the term, the other party shall give a 7-day period to the non-performing party to fulfill the performance in question. In the event that it is fulfilled within this period, the party that does not fulfill its performance will be deemed as defaulting and the creditor has the right to demand the delivery of the goods by demanding the performance of the performance, and / or the termination of the contract and the return of the price.
In accordance with the last paragraph of Article 9 of the Regulation on Distance Contracts, if the SELLER [[sozlesme.SiteDomain]] is unable to fulfill its obligations under the contract by claiming that it is impossible to fulfill the goods or services subject to the order (the product cannot be supplied in any way from the supplier company), it undertakes to notify the consumer before the expiration of the contractual performance obligation. In this case, the Seller has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents that put it under debt, if any.
If [[sozlesme.SiteDomain]] cannot deliver the product subject to the contract within the period due to force majeure that may prevent it from fulfilling this obligation or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, In such cases, the BUYER may use one of the rights that [[sozlesme.SiteDomain]] has no responsibility, canceling the order or postponing the delivery time until the preventive situation is eliminated. If the BUYER cancels the order, the amount paid is paid to him within 10 days (in installment purchases made by credit card, the above procedure for return to the credit card is accepted by the BUYER)
ARTICLE 8- COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the settlement of the BUYER or SELLER are authorized up to the value announced by the Ministry of Industry and Trade.
In case the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
SELLER : TEKNİKSOLAR ENERGY
BUYER : [[contract.Buyer_NameSurname]]
DATE : [[sozlesme.Tarih]]
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