DISTANCE SALES CONTRACT
1.PARTIES
This Agreement is entered into between the following parties under the terms and conditions set forth below.
A. 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
By accepting this contract, the BUYER accepts in advance that if he approves the order subject to the contract, he will be under the obligation to pay the price subject to the order and the specified additional fees such as shipping fee and tax, if any, and that he has been informed about this issue.
2. NAMES
In the application and interpretation of this contract, the terms written below shall refer to the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (RG: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier of goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: A real or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. Seller information
Title : Sefa Kazan
Address : çınar mah. 820. sokak no: 71 /B Bagcilar / Istanbul
Phone : 0537 254 0115
E-mail : semedismed@gmail.com
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he/she has read and informed the basic qualifications of the product subject to the contract, the sales price and payment method and the preliminary information regarding the delivery on the website of the SELLER, and that he/she has given the necessary confirmation electronically. BUYER's; It accepts, declares and undertakes that it has obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely, before the establishment of the distance sales contract.
9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, information and documents required by the work, to perform the work in accordance with the requirements of the legal legislation, free from all kinds of defects, in accordance with the standards, within the principles of accuracy and honesty, to maintain and increase the quality of service, to show the necessary attention and care during the performance of the work, accepts, declares and undertakes to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his explicit consent before the expiry of the contractual performance obligation.
9.5. 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 accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that if the price of the product subject to the contract is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the contract will be terminated.
9.7. The BUYER accepts, declares and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes that he will return the product subject to the contract to the SELLER within 3 days at the expense of the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the time limit due to force majeure situations such as the occurrence of unforeseen and delaying situations that prevent and/or delay the fulfillment of the obligations of the parties, the SELLER accepts, declares and undertakes that he will notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery time until the obstructive situation disappears. In the event that the order is canceled by the BUYER, the amount of the product is paid to him in cash and in full within 14 days for the payments made by the BUYER in cash. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned by the SELLER to the credit card to the BUYER's account by the bank may take 2 to 3 weeks, and that the BUYER cannot hold the SELLER responsible for possible delays, since the reflection of this amount on the BUYER's accounts after the return of this amount to the bank is entirely related to the bank transaction process.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means via the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; It will not receive damaged and defective goods/services such as dents, broken, torn packaging, etc., from the cargo company. The goods/services received will be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.
9.11. In the event that the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or the letter from the card holder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's website is truthful, and that the SELLER will indemnify all damages incurred due to the untruthfulness of this information, immediately, in cash and in full, upon the first notification of the SELLER.
9.13. The BUYER agrees and undertakes from the beginning not to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harasses others, for an unlawful purpose, and violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content owned and/or operated by other third parties that are not under the control of the SELLER and/or other third parties may be provided through the SELLER's website. These links are placed for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this agreement is personally liable for this violation criminally and legally and will keep the SELLER free from the legal and penal consequences of these violations. In addition; In the event that the incident is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
9.17. In the event that the BUYER experiences any health problems that may occur during the program period from the moment of purchasing the product, the SELLER ( Görkem Gürcan / Fitkafa Spor Salonu Hizmetleri SAN. ve TİC. LTD STI. ) is not responsible for this. The BUYER accepts, declares and undertakes all problems that may occur if he purchases a monthly online package.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to him or to the person/organization at the address indicated, he may use his right to withdraw from the contract by rejecting the goods without assuming any legal and criminal liability and without giving any reason, provided that he notifies the SELLER. In distance contracts for the provision of services, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be used" regulated in this contract. In the event that this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
(b) the İade form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period.
f) In the event that the campaign limit amount issued by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Underwear bottoms, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of perishing quickly or are likely to expire, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, products that are not suitable for health and hygiene to be returned if their packaging is opened by the BUYER after they are delivered to the BUYER, products that are mixed with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except for those provided under the subscription agreement, Services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, If the package has been opened by the BUYER, it is not possible to return it in accordance with the Regulation. In addition, it is not possible to exercise the right of withdrawal for the services that have been started with the approval of the consumer before the expiry of the right of withdrawal period, in accordance with the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDS, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, intact and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he/she will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder and the bank in case of default in the event that he/she makes the payment transactions by credit card. In this case, the relevant bank may take legal action; may request the costs and attorney's fees to be incurred from the BUYER, and in case of default of the BUYER due to the BUYER's debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss incurred by the SELLER due to the delayed performance of the debt
13. COMPETENT COURT
Complaints and objections in disputes arising from this contract shall be made to the arbitration committee or the consumer court for consumer problems in the place where the consumer is domiciled or where the consumer transaction is made, within the monetary limits specified in the law below. Below is the information on the monetary limit:
Effective 28/05/2014:
a) Article 68 of the Law No. 6502 on Consumer Protection. In accordance with the article, in disputes with a value of less than 2,000.00 (two thousand) TL, to the district consumer arbitration committees,
b) Provincial consumer arbitration committees in disputes with a value of less than 3,000.00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes between 2.000.00 (two thousand) TL and 3.000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements in order to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.