Distance Sales Contract
ARTICLE 1 - PARTIES TO THE CONTRACT
SELLER
TITLE : BUTİKAZ TEXTILE CONSTRUCTION REAL ESTATE IMPORT EXPORT TRADE CO. LTD.
ADDRESS : SULTAN SELİM MAH. Street/Street:ESKİ BÜYÜKDERE CAD. No:61 Interior Door No:2 Kağıthane/İSTANBUL
PHONE :
WEB : butikaz.com
E-MAIL : butikaztekstil@gmail.com
Hereinafter referred to as SELLER.
BUYER
NAME SURNAME / TITLE : [PERSON/INSTITUTION PERFORMING THE ORDER]
ADDRESS : [ADDRESS SPECIFIED DURING ORDER]
PHONE : [PHONE SPECIFIED DURING ORDER]
E-MAIL : [EMAIL SPECIFIED DURING ORDER, IF AVAILABLE]
Hereinafter referred to as BUYER.
ARTICLE 2 - SUBJECT OF THE AGREEMENT
The subject of this agreement 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 regarding the sale and delivery of goods/services with the qualities mentioned in the agreement and whose sales price is specified or not specified in the agreement, electronically from the butikaz.com website belonging to the SELLER. The BUYER accepts and declares that he/she is informed about the basic characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions, etc., all preliminary information about the goods/services subject to sale and the right of "withdrawal", that he/she has confirmed this preliminary information electronically and then ordered the goods/services in accordance with the provisions of this contract.
ARTICLE 3 - CONTRACT DATE
The date on which the SELLER creates the purchase transaction shall be determined as the contract date.
ARTICLE 4 - DELIVERY OF THE GOODS/SERVICES, PLACE OF PERFORMANCE OF THE CONTRACT AND FORM OF DELIVERY
The goods/services shall be delivered to the person/organization named ...... at the ...... address where the BUYER requested delivery.
ARTICLE 5 - DELIVERY CONDITIONS
Delivery costs shall be borne by the BUYER. If the SELLER has declared that the delivery fee of those who shop above the amount announced on the website shall be covered by the SELLER, the delivery cost shall be borne by the SELLER. Delivery; It is made as soon as possible after the stock is available and the price of the goods is transferred to the SELLER's account. The SELLER delivers the goods/services within 30 (thirty) days from the date of order and reserves the right to extend the period by an additional 10 (ten) days with a written notification within this period. If the price of the goods/services is not paid for any reason or is canceled in the bank records, the SELLER is deemed to have been relieved of the obligation to deliver the goods/services.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER will examine the goods/services subject to the contract before receiving them and will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo/courier 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. The invoice must be returned. If the relevant bank or financial institution does not pay the price of the goods/service to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons not caused by the BUYER's fault after the delivery of the goods/services, the BUYER is obliged to send the goods/services to the SELLER within 3 (three) days, provided that they have been delivered to him/her. In this case, the delivery expenses belong to the BUYER.
ARTICLE 7 - DECLARATIONS AND COMMITMENTS OF THE SELLER
The SELLER is responsible for the delivery of the goods/services subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any. If the goods/services subject to the contract are to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to whom the delivery is made does not accept the delivery. The SELLER shall return the price of the goods/services and any valuable documents, if any, within 7 (seven) days after the withdrawal notice reaches him/her. The goods/services are returned within 20 (twenty) days. For justified reasons, the SELLER may supply the BUYER with equal quality and price before the performance period in the contract expires. If the SELLER thinks that the performance of the goods/services has become impossible, it shall notify the BUYER before the performance period of the contract expires. The paid price and any documents shall be returned within 10 (ten) days. The goods/services that are defective or broken, whether they are among the goods/services sold with a warranty certificate or not, may be sent to the SELLER for the necessary repair under warranty conditions, in which case the delivery expenses shall be covered by the SELLER.
ARTICLE 8 - SPECIFICATIONS OF GOODS/SERVICES SUBJECT TO THE CONTRACT
Type and Kind, Quantity, Brand/Model, Color and Sales Price Including All Taxes of the goods/service are as specified in the information on the goods/service introduction page on the website butikaz.com and in the invoice which is considered an integral part of this contract.
ARTICLE 9 - CASH PRICE OF GOODS/SERVICES
The cash price of the goods/services is included in the sample invoice sent to the customer at the end of the order and in the invoice sent to the customer together with the product.
ARTICLE 10 - DEFERRED PRICE
The price of the goods/services according to the term made to the sales price is included in the sample invoice sent to the customer together with the product and in the invoice sent to the customer together with the product.
ARTICLE 1
1 - DOWN PAYMENT AMOUNT
The down payment amount of the goods/services is included in the sample invoice sent to the customer at the end of the order and in the invoice sent to the customer together with the product.
ARTICLE 12 - PAYMENT PLAN
If the BUYER makes a purchase with a credit card and in installments, the installment type selected by the BUYER from the site is valid. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. The BUYER can also follow the number of installments and payments from the account statement sent by the bank.
ARTICLE 13 - RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal within 7 (seven) days from the delivery of the goods/services subject to the contract to him/her or to the person/institution at the address he/she has indicated. In order to exercise the right of withdrawal, it is a condition that the SELLER is notified by fax, e-mail ([EMAIL]) or phone number [PHONE] within the same period and that the packaging and content of the goods/services are not damaged while being tested within the framework of the provisions of Article 14 and in accordance with the preliminary information that is an integral part of this contract and published on the butikaz.com website. In case of exercise of this right, the original invoice for the goods/services delivered to the 3rd party or the BUYER must be returned. The price of the goods/services is returned to the BUYER within 10 (ten) days following the receipt of the notice regarding the right of withdrawal and the goods/services are received back within 20 (twenty) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. The delivery cost of the goods/services returned due to the right of withdrawal is covered by the SELLER.
ARTICLE 14 - GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
In order to use the right of withdrawal for goods/services that cannot be returned due to their nature, the goods/services must be intact and unused.
ARTICLE 15 - DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in transactions made with a credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; it may request the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER defaults due to his debt, the BUYER agrees to pay the SELLER's damages and losses incurred due to the delayed performance of the debt.
ARTICLE 16 - AUTHORIZED COURT
In disputes that may arise from this contract, Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade, and Consumer Courts are authorized for disputes above this value. In places where there is no Consumer Court, Civil Courts of First Instance are authorized.
CONSUMER RIGHTS - WITHDRAWAL - CANCELLATION RETURN CONDITIONS
GENERAL:
If you place an order electronically through the website you are using, you are deemed to have accepted the preliminary information form and the distance sales contract presented to you.
Buyers are subject to the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) and other laws in force regarding the sale and delivery of the product they purchase.
Cargo fees, which are the product shipping costs, will be paid by buyers.
Each purchased product is delivered to the person and/or organization at the address indicated by the buyer, provided that it does not exceed the legal period of 30 days. If the product is not delivered within this period, Buyers may terminate the contract.
The purchased product must be delivered complete and in accordance with the qualifications specified in the order, and with documents such as warranty certificate and user manual, if any.
In the event that the sale of the purchased product becomes impossible, the seller must notify the buyer in writing within 3 days of learning about this situation. The total price must be returned to the Buyer within 14 days.
IF THE PRICE OF THE PURCHASED PRODUCT IS NOT PAID:
If the Buyer does not pay the price of the purchased product or cancels it in the bank records, the Seller's obligation to deliver the product ends.
PURCHASES MADE WITH UNAUTHORIZED USE OF CREDIT CARD:
After the product is delivered, if it is determined that the credit card used by the Buyer for payment has been used unfairly by unauthorized persons and the price of the product sold is not paid to the Seller by the relevant bank or financial institution, the Buyer must return the product subject to the contract to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNFORSE REASONS:
If force majeure reasons that the Seller cannot foresee occur and the product cannot be delivered on time, the situation will be notified to the Buyer. The Buyer may request the cancellation of the order, replacement of the product with a similar one or postponement of delivery until the obstacle is eliminated. If the Buyer cancels the order; if the payment was made in cash, this fee will be paid to the Buyer in cash within 14 days from the cancellation. If the buyer has made the payment by credit card and cancels it, the product price will be refunded to the bank within 14 days from the cancellation.
It is possible for the money to be transferred to the buyer's account within 2-3 weeks.
BUYER'S OBLIGATION TO CHECK THE PRODUCT:
The buyer will inspect the goods/services subject to the contract before receiving them; they will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER must protect the goods/services meticulously after delivery. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned together with the product.
RIGHT OF WITHDRAWAL:
The BUYER; may use the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product he/she purchased to him/her or to the person/institution at the address he/she indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER via the contact information below.
SELLER'S CONTACT INFORMATION FOR NOTIFICATION OF RIGHT OF WITHDRAWAL:
COMPANY
NAME/TITLE: BUTİKAZ TEKSTİL İNŞAAT EMLAK İMTHALAT İHRACAT TİC. LTD ŞTİ
ADDRESS: SULTAN SELİM MAH. Street/Street:ESKİ BÜYÜKDERE CAD. No:61 İç Kapı No:2 Kağıthane/İSTANBUL
EMAIL: butikaztekstil@gmail.com
TEL:
PERIOD OF RIGHT OF WITHDRAWAL:
If the Buyer purchases a service, this 14-day period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the service is started with the consumer's approval before the end of the right of withdrawal period.
Expenses arising from the use of the right of withdrawal belong to the SELLER.
In order to exercise the right of withdrawal, it is required to notify the SELLER in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract.
USE OF THE RIGHT OF WITHDRAWAL:
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. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
The return form, the box, packaging and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
RETURN CONDITIONS:
The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest from the receipt of the notice of withdrawal and to receive the return of the goods within a period of 20 days.
If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the proper use of the goods or product during the right of withdrawal period.
If the campaign limit amount set by the SELLER is dropped due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED:
Underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods prepared at the request of the BUYER or clearly in line with personal needs and not suitable for return, products that are in danger of rapid deterioration or whose expiration date is likely to pass, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if the packaging is opened by the BUYER, as required by the Regulation. In addition, it is not possible to use the right of withdrawal regarding services whose performance has started with the consumer's approval before the expiration of the right of withdrawal period, as required by the Regulation.
In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) to be returned, their packages must be unopened, untested, intact and unused.
DEFAULT STATUS AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the BUYER makes the payment transactions with a credit card and goes into default, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may take legal action; it may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER goes into default due to his/her debt, ALICI agrees to pay the SELLER's losses and damages due to delayed payment of the debt.
PAYMENT AND DELIVERY
You can make a bank transfer or EFT (Electronic Fund Transfer) to any of our bank accounts. After the product is ordered, orders placed from our city are delivered by our vehicles on the same day or delivered to cargo within 2 business days.
You can benefit from online single payment or online installment opportunities with your credit cards on our website, for all types of credit cards. In your online payments, the amount will be withdrawn from your credit card at the end of your order.