PRELIMINARY INFORMATION FORM AND DISTANCE SELLING AGREEMENT
Name/Surname: Artelli Sanat Ürünleri Danışmanlık San. ve Tic. A.Ş.
Address: Esentepe Mah. Talat Paşa Cad. No: 5 İç Kapı No: 1 Şişli/İstanbul
Telephone: +90 212 244 26 50
E-mail: [email protected]
Name – Surname:
2. SUBJECT OF THE CONTRACT:
2.1. This Contract is hereby issued pursuant to effectuated provisions of the Act Nr 6502 on Consumer Protection as published in the Official Gazette Nr 28835 dated 28 November 2013 and the Regulation on Distance Sales Agreements as published in the Official Gazette Nr 29188 dated 27 November 2014.
2.2. The Parties of this Agreement confirm that they understand and agree to the mutual rights and obligations with this Agreement in accordance with the provisions of the Act on the Protection of the Consumers and the Regulation on Distance Sales Agreements.
3. PRODUCT(S) DESCRIPTION AND TERMS OF SALE:
The product that ordered by the Buyer to the Seller via the electronic environment; specifications, quantity, sales price , shipping / billing address, delivery person and terms of payments information is stated as follows.
Description of the Products:
Unit Sales Price (inc.VAT):
Total Amount (inc. VAT):
Terms of Payment:
4. GENERAL PROVISIONS:
4.1. The BUYER and the SELLER are the Parties of this Agreement and the fulfilment of these contract obligations and responsibilities belong to the Buyer and the Seller. This Agreement shall be valid on the date of confirmation given by the Buyer via the electronic environment.
4.2. The BUYER hereby declares that he/she has learned the information on the basic properties, sales price of the Product(s), payment type, and the other preliminary information including delivery information indicated by Article 3, and that he/she has agreed and confirmed such information via the electronic environment.
4.3. The SELLER is liable for delivery of the Products fully, completely and robustly; having the properties stipulated in the order and together with warranty certificate and product manuals, if applicable.
4.4. If the Products subject to the Contract shall be delivered to other than the BUYER, or the person/entity and if it will become impossible to conduct the delivery of the product(s) due to the delivery is not accepted by such person/entity then the SELLER cannot be liable.
4.5. The Products subject to the Contract shall be delivered to the BUYER’s delivery address indicated by Article 3 via courier. Even if the recipient will not be present at the delivery time, the SELLER will be deemed as it has performed its obligations hereunder fully and completely.
4.6. The SELLER shall be released of its obligations hereunder in the event of non-payment of the price of the Products or any payment will be cancelled from the bank records for any reason whatsoever.
4.7. Under the condition as stated by Article 4.6 any and all losses and damages due to the late receipt of the Product by the BUYER, any delay in the delivery thereof attributable to the cargo company and/ or the return of the Product to the SELLER shall be solely incurred by the Buyer.
4.8. Cargo Fee shall be added to the order price and paid by the client. It is not included in the product price except where the Cargo Fee is shown as “0,00 TL” on the product introduction page of the site and this Contract. According to the Regulation on Distance Sales Agreements, in the event the costs relating to shipment, cargo, delivery etc. cannot be calculated in advance, the BUYER may be liable to pay additional relevant costs.
4.9. If the relevant bank or financing institution will not pay the price of the Products to the SELLER due to any unfair or illegal use of the credit cards provided such use will not be due to the faults of the BUYER after the delivery of the Products, the BUYER shall return the Product delivered to him/her to the SELLER within 3 days. The cargo fees related to such return shall be borne by the BUYER.
4.10. Based on the fact that the term sales may be conducted only through credit cards issued by the banks; the BUYER agrees, declares and undertakes that it shall confirm the information related to the interest rates and delay interests with the bank separately.
4.11. The BUYER agrees, declares and undertakes that the provision on the interest payments and delay interests shall apply pursuant to the credit card contract between the Bank and the BUYER.
4.12. If the BUYER will use its cancellation right, or if the Product subject to the Contract may not be supplied for any reason whatsoever or if it will be decided by the Arbitration Committee to return the price of the order to the Consumer, the return procedure of the amount to the credit card shall be as following:
4.12.1. The Bank may perform the return in instalments in line with the number of instalments the Buyer preferred in the payment. After the payment of the Product price by the Seller to the Bank in one single amount; the Bank, for the return of the instalments to the credit card of the Buyer, may transfer the returned amount to the account in instalments in order to avoid any problem to any of the parties involved in the transaction.
4.12.2. In the event of return of the goods and services paid through a credit card, the Seller may not return the collected amount in cash to the Buyer pursuant to its agreement with the bank. When it comes to return of the goods and services, the SELLER will not pay in cash to the BUYER pursuant to the procedure that the SELLER is obliged to pay the relevant amount to the bank in cash or by payment on account. The return to the credit card will be conducted by the bank upon the return of the amount by the Seller in single amount.
4.13. In order to perform the return transactions in accordance with General Communiqué on Tax Procedure Law nr 385, the relevant section of the invoice must be completely filled out and signed sent back to the SELLER with the product. The BUYER agrees, declares and undertakes this procedure.
5. RIGHT OF WITHDRAWAL:
5.1. The BUYER is entitled to use his right of withdrawal from the Agreement by denying the products without any legal or penal liability and without any justification therefore within 14 (fourteen) days from the delivery of the Products to him/ her or his/her designated person/ entity, in the distance sales contracts. The product price should be returned to the BUYER within 10 (ten) days after the notice received by the SELLER. Any expenses occurred from the right of withdrawal shall be incurred by the SELLER.
5.2. The SELLER undertakes to accept that the BUYER has the right of withdrawal from the Agreement by denying the products without any legal or penal liability and without any justification therefore within 14 (fourteen) days from the delivery of the Products to him/ her or after signing of the Agreement. The Seller also undertakes to accept return of the goods after the receipt of the notice of withdrawal. Withdrawal notification shall be made to the contact details mentioned under this Agreement.
5.3. PRODUCTS FOR WHICH NO RIGHT OF WITHDRAWAL IS ALLOWED
As required by the Regulation on Distance Sales Agreements, it is not allowed to return the following goods and services;
i) Good and services which the prices change in accordance with the fluctuations in the financial markets and canot be controlled by the seller,
ii) Goods prepared in line with the special demands or personal needs of the Buyer (including goods that are personalized via alterations additions, works printed upon demand (by way of an example photographs printed) goods that are framed as per request of the Buyer or goods provided from abroad or within the country upon the order of the Buyer)
iii) Goods that mix with other goods upon delivery and cannot be separated byway of their nature,
iv) Goods with digital content such as books, photographs, CD and DVDs, audio or visual recordings, computer consumable equipment and materials which packaging, seal, wraps, boxes have been opened upon delivery,
v) Services that are delivered immediately via electronic mediums and any intangible goods that are delivered immediately to the Buyer,
vi) Services which performance have begun upon confirmation of the Buyer before the expiry of the withdrawal period,
vii) Other services in general that are deemed outside the scope of the distance sales in accordance with their relevant legislationor in the event the Buyer makes purchases of goods or services within commercial or professional scope,
viii) For goods ordered to be delivered to addresses outside the Republic of Turkey.
For the avoidance of doubt, the Buyer shall be liable for any damage, staining, harm it caused to the work of art and accordingly will not be allowed to use right of withdrawal.
5.5. The BUYER cannot use the right of withdrawal for intangible goods, which are delivered to him/her immediately and for services performed immediately via the electronic environment (such as online gift vouchers / discount codes etc.)
6. DEFAULT CLAUSES:
If the Parties will fail to fulfil the terms of the contract, provisions of default of debtor will be applied for the debtor in accordance with Code of Obligations. If any of the parties will fail to perform its obligations without a justifiable reason in case of default, the other party will give 7 days to the failed party to perform the relevant obligations. In cases provided by law or in the contract, if one of the parties is held liable for non-performance during this period, then the other party will be entitled to request delivery of goods and / or termination of the contract and refunding total amount of the Agreement from the failed party.
7. FORCE MAJEURE:
7.1. Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure after the date of signing the Agreement. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Parties claiming Force Majeure, including acts of God, terrorism, wars, riots, legislation provisions, confiscation or labour strikes, lockouts, malfunction or interruptions in production and communication facilities etc. that prevent the parties from performing its obligations under this Agreement.
7.2. The party affected by the cause of force majeure, shall immediately notify in writing the other party. Each party shall be justified and shall not be liable to the other party in the event of a delay, the time of delivery or performance. Nevertheless, if this delay exceeds ten (10) days, each party shall be agree that they will be entitled to terminate unilaterally.
9. COMPETENT JURISDICTION:
9.1. The Consumer Arbitration Committees located at the place of the Buyer and the Seller, shall settle any dispute between the Parties related to this Agreement up to the value as declared by the Ministry of Customs and Trade each year, further the Consumer Court is authorized in respect of disputes above the said value.
9.2. This Agreement has been read, accepted and confirmed by the parties via the electronic environment. Act Nr 6502 on Consumer Protection and other relevant legislation shall be applicable for any other issues unmentioned in this Contract.
This Contract is made on
Name – Surname: Artelli Sanat Ürünleri Danışmanlık San. ve Tic. A.Ş.
Address: Esentepe Mah. Talat Paşa Cad. No: 5 İç Kapı No: 1 Şişli/İstanbul
Phone: +90 212 244 26 50
E-Posta: [email protected]
Name – Surname: