distance-sales-contract
ULAŞ FIRAT HANK STUDIO TRADE DISTANCE SALES AGREEMENT
1. Parties to the Contract
| Seller | |
| Title: | Ulaş Fırat HANK Studio Ticaret |
| Address: | Atakoy 2-5-6. Kisim Mah. Adnan Kahveci Bul. Ataköy Konakları Sitesi D1-4 Block No: 1n3 Inner Door No: 22 Bakırköy/Istanbul |
| Telephone | +90 533 793 37 73 |
| info@haveanicekill.com | |
| Bank account information | Account name: …………………………. Bank: …………………………. Branch: …………………………. TL Account Number: …………………………. TL IBAN: …………………………. USD Account Number: …………………………. USD IBAN: …………………………. |
| Buyer (Consumer) | |
| Name, Surname/Title: | |
| Address | |
| Telephone | |
2. Subject of the Contract
The subject of this Distance Sales Agreement (hereinafter referred to as the “Agreement”); Regarding the purchase/sale and delivery of the product(s) whose qualifications and sales price are specified below, and which the Buyer has ordered electronically from the Seller's www.haveanicekill.com website (hereinafter referred to as the "Website"), It is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Law (hereinafter referred to as "TKHK") and the Regulation on Distance Contracts and all other relevant legal regulations and practices.
3. Contractual Product, Price, Payment, Delivery and Billing Information
The product/products (goods/services) type and type, quantity, brand/model/color, unit price(s) and sales price and delivery information including the payment (collection) information and the place of delivery notified by the Buyer are as follows.
3.1. Product and Price Information
| Product description | Unit Price (TL) | Piece | Shipping Fee (TL) | Total(TL) |
3.2. Payment (Collection) Information
| Payment Method Tool | ||
| 1-Credit Card | 2-Bank Transfer EFT | 3-Cash at the Door |
| Card number: Name on Card: Installment/Single Credit Card Pull: |
Account name: …………………………. Bank: ………………………… Branch: …………………………. TL Account Number: …………………………. TL IBAN: …………………………. USD Account Number: …………………………. USD IBAN: …………………………. |
|
3.3. Delivery and Billing Information
| Delivery Information | |
| Name, Surname/Title: | |
| Address | |
| Telephone | |
| Billing Information | |
| Name, Surname/Title: | |
| Address | |
| Telephone | |
4. The Buyer's Prior Informed Matters
The Buyer accepts and declares in advance that he has been informed about the following issues by reading and examining all the general-specific explanations on the relevant pages of the Website, before the Buyer's acceptance of this Agreement on the Website and before he undertakes both the order and the payment obligation. .
I. Seller's title and contact information and current introductory information,
ii. Purposeful means and methods regarding the stages of the sales transaction and the correction of incorrectly entered information during the purchase of the Product(s) from the Website,
iii. Electronic contact information (Telephone: 444 0 486, www.ito.org.tr) where the Seller is a member of the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) and the ITO's professional code of conduct,
iv. Confidentiality, data usage-processing and electronic communication rules applicable to the Buyer information applied by the Seller and the Buyer's permissions to the Seller in these matters, the Buyer's legal rights, the Seller's rights and the parties' rights usage procedures,
v. Shipping restrictions stipulated by the Seller for the Products,
vi. Payment methods and means accepted by the Seller for the Product(s) subject to the contract.
The basic features and characteristics of the Products, the total price including taxes (the total price to be paid by the Buyer to the Seller, including the related costs),
vii. Information on the methods of delivery of the Products to the Buyer and the shipping-delivery-cargo costs,
viii. Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the commitments and responsibilities of the parties in these matters,
ix. Products and other goods and services for which the Buyer does not have the right of withdrawal,
x. In cases where the Buyer has the right of withdrawal, the Buyer will lose his right of withdrawal in the event that the right is not exercised within the terms, duration and procedure, as well as the right of withdrawal,
xi. In the Products with the right of withdrawal, if the Product is broken or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period, the Buyer's request for withdrawal may not be accepted and the Seller will be liable to the Seller in any case, the Seller's request for withdrawal. in cases where he/she accepts, he/she may collect an amount that he/she deems appropriate according to the said defect or change, by deducting from the refund to be made to the Buyer,
xi. In cases where there is a right of withdrawal, how to return the Products to the Seller and all related financial issues,
xiii. In case the Buyer is a legal entity, "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of this nature in any case); cannot use,
xiv. Process-applications about privacy, personal data and electronic communications,
xv. In the event of a dispute, the Buyer can submit his/her complaints to the Seller with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Consumer Protection Law No. 6502.
5.General Provisions
5.1. The product subject to the contract is delivered to the Buyer or to the third person/organization at the address indicated on the Website, on the basis of the following principles, provided that the legal period of thirty (30) days is not exceeded.
5.2. The Seller sends and delivers the Products through the contracted cargo company for its shipments. In the event that this cargo company does not have a branch in the Buyer's location, the Buyer must receive the Product from another nearby branch of the cargo company notified by the Seller.
5.3. In general and unless expressly stated otherwise, the delivery costs (shipping fee, etc.) belong to the Seller in the country and belong to the Buyer abroad. The Seller may not reflect all or a part of the delivery costs in question to the Buyer, depending on the campaigns it carries out at the time of sale and announced the terms on the Website.
5.4. In the event that the Buyer is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation in this regard. If there is no one to take delivery at the address, you can contact the cargo company and send the products.
It is the Buyer's responsibility to follow up. 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 is not present at the address or does not accept the delivery. In these cases, any damages arising from the late receipt of the Product by the Buyer and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the cargo has been returned to the Seller shall also be borne by the Buyer.
5.5. The Buyer is responsible for checking the Product as soon as he receives it and when he sees a problem in the Product due to the cargo, not accepting the Product and keeping a report to the cargo company official. Otherwise, the Seller will not accept responsibility.
5.6. Unless otherwise stipulated in writing by the Seller, the Buyer must have paid the price in full before receiving the Product. In case the product price is not fully paid to the Seller before delivery in cash sales, and if the due installment amount is not paid in installment sales, the Seller unilaterally
may cancel the contract and not deliver the Product. If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the Seller or demands a refund of the price paid, the Product shall be returned to the Seller by the Buyer within three (3) days at the latest. Non-payment of the price of the product is due to a fault of the Buyer or
If it is caused by your negligence, the shipping costs will be borne by the Buyer. All other contractual and/or legal rights of the Seller, including the pursuit of the Product price without accepting the return, are reserved separately and in any case.
5.7. In order to avoid any hesitation; The Buyer pays the sales price with his credit card, installment card etc. from banks (including financial institutions). In cases where the card is paid with, all the facilities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; this
Product sales realized within this framework and for which the Seller collects the price all at once or step by step, are not sales on credit or installments, but are cash sales for the parties of this Agreement. The legal rights of the Seller in cases deemed to be sales by installments (in case of non-payment of installments, termination of the contract and/or
including the right to demand the payment of the remaining debt together with the default interest) is available and reserved within the framework of the relevant legislation. In case of default by the Buyer, default interest is applied at a monthly rate as stipulated by the applicable laws.
5.8. In the event that it is understood that the Seller cannot supply the Product subject to the Contract, within three (3) days from the date of learning of this situation, provided that he clearly informs the Buyer in accordance with the law and receives his verbal/written approval, another good/service of equal quality and price. can supply and
The contractual commitment is deemed to have been fulfilled in this way. The buyer is free in all respects whether to give the said consent and in cases where he does not give consent, the contractual and/or legal provisions regarding the cancellation of the order (Contract termination).
5.9. It is the Buyer's responsibility to carefully protect the product after delivery. If the right of withdrawal is to be used, the product must not be used, the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the Buyer.
5.10. If the Product cannot be delivered within the legal maximum thirty (30) days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than the normal sales/delivery conditions, the Seller shall pay the Buyer in relation to the delivery. informs. In this case, the Buyer may cancel the order, order a similar product, or continue until the end of the emergency.
it can wait.
5.11. In order cancellations and contract terminations, including contract and legal cancellations, if the Product price is collected, the price is returned to the Buyer within a maximum of fourteen (14) days. The requirements of the following rule are reserved. Return is a payment method suitable for the payment instrument used by the Buyer to pay the Product price to the Seller.
way is done. For example, in credit card payments, the refund is made by way of a refund to the Buyer's credit card, and the Product amount is returned to the relevant bank within the same period after the order is canceled by the Buyer; Reflection of this amount to the Buyer accounts after the return of this amount to the bank is made by the Seller.
Since it is entirely related to the bank transaction process, the Buyer acknowledges in advance that it will not be possible for the Seller to intervene and take responsibility for possible delays. (Banks can generally take 3 (three) weeks to reflect the refund to the Buyer's account).
5.12. The Seller has and reserves the right to set off, discount and deductible for the price to be refunded, arising from this Agreement and the law. The Buyer's legal rights are also reserved and available in cases where the Contract is terminated by the Buyer due to the Seller's failure to perform.
5.13. The Buyer may notify the Seller, verbally or in writing, of his/her requests and complaints regarding the Product and sale, by contacting the Seller communication channels in the preamble of the Contract.
5.14. Since they are sent to the e-mail address provided after acceptance, the Buyer can always access and review the aforementioned information and this Agreement by saving and storing the aforementioned e-mail on his device. On the other hand, it is kept for three (3) years in the systems owned by the Seller.
5.15. In the resolution of any dispute that may arise from this Agreement and/or its implementation, the records of the Seller (including the records in magnetic media such as computer - sound recordings) constitute evidence; The rights of the parties arising from the relevant mandatory legal regulations are valid and reserved.
6. Right of Withdrawal
6.1. We undertake that the Buyer has the right to withdraw from the contract by refusing/returning the goods within fourteen (14) days from the date of receipt of the goods or the delivery of the goods to the third person / organization at the address indicated without any legal or penal liability and without giving any reason. .
6.2. 3.3. It is obligatory to send it back to the delivery address specified in the article or to the person authorized by the Yurtiçi Cargo company. Cargo companies with which the Seller has a contract with the above-mentioned goods
Buyer shall not be liable for any costs associated with the return.
6.3. In order for the right of withdrawal to be exercised, this right has been exercised to the Seller within this period;
I. Seller's Ataköy 2-5-6. Kisim Mah. Adnan Kahveci Bul. Ataköy Konakları Sitesi D1-4 Block No: 1n3 Interior Door No: 22 Bakırköy/İstanbul in writing or
ii. An email to info@haveanicekill.com
or via the Contact form that can be accessed via the link https://www.haveanicekill.com/.
6.4. When the buyer uses his right of withdrawal;
(i) The invoice of the product delivered to the Buyer or the person designated by the Buyer as the person to be delivered, (***)
(ii) The products to be returned, complete and undamaged, together with the box, packaging, and standard accessories, if any, will be sent to the Seller via Yurtiçi Cargo company with which the Seller has an agreement, within fourteen (14) days from the notification of the exercise of the right of withdrawal.
(***) In case the Buyer is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the contract is issued on behalf of the Buyer acting for commercial or professional purposes, the Buyer's consumer rights are excluded. If he wishes to return the product,
It must be sent together with the return invoice to be issued when returning it. (In case the Buyer is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the Contract is issued on behalf of the Buyer acting for commercial or professional purposes;
It cannot benefit from the provisions and consumer rights that provide special rights and opportunities to consumers regulated in the contract and law.)
6.5. In the event that the Buyer exercises his right of withdrawal, the Seller shall immediately attempt to return the product price to the Buyer's bank account or credit card account within fourteen (14) days from the date of receipt of the withdrawal notification.
6.6. The product to be returned by using the right of withdrawal, within fourteen (14) days from the date on which the right of withdrawal reaches the Seller, is delivered by the Buyer to the address specified by the Seller through the Yurtiçi Cargo company with which the Seller has an agreement, within the country free of charge, and by the Buyer abroad.
will be received and sent. The shipping cost of the products sent to the Seller without a notice of withdrawal shall be borne by the Buyer. The buyer knows that in this case he will pay the said shipping cost.
and accepts.
6.7. The Consumer cannot use the right of withdrawal for the following goods or services:
a) Goods produced in line with the special requests of the consumer or his personal needs (including those that are customized to the person / personal needs by making changes or additions);
b) goods that are in danger of perishable or are likely to expire;
c) from the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; goods, such as underwear, swimwear or cosmetics, whose return is not suitable for health and hygiene reasons;
d) goods that are mixed with other products after delivery and cannot be separated due to their nature;
e) If the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods, the books, digital content and computer consumables presented in the material environment;
f) goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the Seller or the provider;
g) periodicals such as newspapers and magazines, other than those provided under the subscription agreement;
h) services performed instantly in electronic environment or intangible goods delivered instantly to the consumer and services started to be performed with the approval of the consumer before the end of the right of withdrawal with consumer approval, and
i) Other goods and services considered outside the scope of distance sales in accordance with the relevant legislation.
7. Applicable Law and Competent Jurisdiction
7.1. Any dispute that may arise from this Agreement is subject to the laws of the Republic of Turkey and in case of disputes that cannot be resolved by mutual agreement of the parties, within the monetary limits determined and announced annually by the Ministry of Customs and Trade, Provincial and District Consumer
Arbitration Committees, Consumer Courts are authorized in cases exceeding these limits.
7.2. In this context, the Buyer may apply to the Consumer Arbitration Committees and Consumer Courts in his or the Seller's place of residence (if he wishes).
7.3. The Buyer agrees that he/she has read all the conditions and explanations written in this Agreement and in the order-contract pre-notifications (Website), which form an integral part, the basic features-attributes of the Product/Products subject to sale, sales price, payment method, delivery conditions, Seller and other related products
All preliminary information-information and the right of withdrawal, personal information and electronic communication, including all matters written in Article 4 of this Agreement, have prior knowledge, that they have seen all of them on the Internet Site, and that they are confirmed-approved-accepted to all these in electronic environment.
By giving his permission, he accepts and declares that he accepts the provisions of this Agreement by ordering the Product.
7.4. Both the aforementioned preliminary information and this Agreement are also sent to the above e-mail address notified by the Buyer to the Seller, and the confirmation of receipt of the order is also included in the aforementioned e-mail together with the order summary.