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Distance Sales Agreement
1. 1. PARTIES
This Agreement has been signed between the following parties within the framework of the Decrees and conditions set out below.
'BUYER'; (hereinafter referred to as the "BUYER" in the contract)
FIRST NAME- LAST NAME:
address:
'SELLER’; (hereinafter referred to as "SELLER" in the contract)
FIRST NAME- LAST NAME: NEVA İNTERNET HİZMETLERİ TEKSTİL VE TİC. AŞ.
ADDRESS: Altınşehir District Nezih St.. No:6 ÜMRANİYE -İSTANBUL / TURKEY
Paying October 1, 2018 By accepting this contract, the BUYER agrees 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 additional fees specified, such as shipping fee, tax, if any, and that he has been informed about this.
2. definitions
In the application and interpretation of this agreement, the terms written below will express the written explanations against them.
MINISTER : The Minister of Customs and Trade,
MINISTRY : The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: The Regulation on Distance Contracts (OFFICIAL GAZETTE: 27.11.2014 / 29188)
SERVICE: The subject of all kinds of consumer transactions other than the provision of goods made or pledged to be made in exchange 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 account of offering goods,
BUYER: A natural or legal person who acquires, uses or benefits a good or service for commercial or non-professional purposes,
SITE : The SELLER's website,
ORDERING PERSON: A natural or legal person who requests a product or service through the SELLER's website,
PARTIES : SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER Decrees,
GOODS: Refers to movable goods that are the subject of shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.
3. subject
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts in relation to the sale and delivery of the product specified below, the qualities and sales price of which the BUYER orders electronically via the SELLER's website.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until the update is made and changed. The prices announced for a period of time are valid until the end of the specified period.
Shipping Fee for Product Return
The return shipping fee "37 TL"will belong to the customer except for the defective goods.The added article on this issue is exactly as follows: "The consumer is obliged to cover the return cost, not to exceed the delivery cost, if it is decided in the preliminary information and the amount is included in the return with the carrier provided by the seller.24.05.2022 " As a result, except for defective goods, cargo fees will be deducted from the fees returned to the customer and returned to the customer.
4. SELLER INFORMATION
Title : NEVA İNTERNET HİZMETLERİ TEKSTİL VE TİC. AŞ.
Address: Altınşehir District Nezih St.. No:6 ÜMRANİYE -İSTANBUL / TURKEY
Phone::
Fax
Email: [email protected]
5. BUYER INFORMATION
The person to be delivered
Delivery Address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/ Surname / Title
Address
Phone
Fax
Email/username
7. INFORMATION ABOUT THE PRODUCT /PRODUCTS SUBJECT TO THE CONTRACT
7.1. The basic characteristics of the Goods / Products / Products / Service (type, quantity, brand / model, color, quantity) are published on the SELLER's website. If a campaign has been organized by the seller, you can review the main features of the relevant product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until the update is made and changed. The prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
product description
Piece
Unit Price
The Decal
(VAT Included)
Cargo Amount
Total :
Pay Method and Plan
Delivery Address
The person to be delivered
Billing Address
Order Date
Delivery date
Delivery method
7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
8. BILLING INFORMATION
Name/ Surname / Title
Address
Phone
Fax
Email/username
Invoice delivery : Invoice together with the order to the invoice address during the delivery of the order it will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes to read the basic characteristics of the product subject to the contract, the sales price and paying method, as well as preliminary information about delivery on the SELLER's website, to have information, to give the necessary confirmation in electronic environment. The BUYER confirms the Preliminary Information electronically, accepts, declares and undertakes that he has obtained the correct and complete address to be provided by the SELLER to the BUYER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, pay and delivery information.
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the legal period of 30 days. In case the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER agrees, declares and undertakes to deliver the product subject to the Contract completely, in accordance with the qualifications specified in the order and with warranty documents, user manuals, if any, with information and documents required for the job, to perform the job in accordance with the principles of accuracy and honesty in a sound, standard-compliant manner in accordance with the requirements of legal legislation, free from any kind of shame, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the job, 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 approval before the expiration of the contractual performance obligation.
9.5. If the SELLER is unable to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it agrees, declares and undertakes to notify the consumer in writing within 3 days from the date of receipt of this situation, and to return the total price to the BUYER within 14 days.
9.6. The BUYER agrees, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that if the product price subject to the contract is not paid for any reason and/or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will expire.
9.7. The BUYER agrees, declares and undertakes that if the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons after delivery of the product subject to the Contract to the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the Contract to the SELLER within 3 days, the shipping cost will belong to the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the contract within the time limit due to force majeure circumstances, such as the occurrence of unforeseen and/or delaying situations that develop against the will of the parties, and prevent the parties from fulfilling their obligations, the SELLER agrees, declares and undertakes that he will notify the BUYER of the situation. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with a precedent, if any, and/or postpone the delivery time until the elimination of the prohibitive situation. In case of cancellation of the order by the BUYER, in the payments made by the BUYER with cash, the product amount will be paid to him in cash and once within 14 days. For payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER agrees, declares and undertakes that the average process of reflecting the amount returned by the SELLER to the credit card by the bank to the BUYER's account may take 2 to 3 weeks, since the reflection of this amount on the BUYER's accounts after its return to the bank is completely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and other purposes 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 later updated by him. 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/service subject to the contract before receiving delivery; dents, broken, torn packaging, etc. damaged and defective goods/services will not be delivered from the cargo company. The goods/service received will be deemed to be undamaged and intact. The duty of careful protection of the goods /services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods /services should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a vulnerability has been 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 related to the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen during the time until the BUYER provides the information/documents subject to the request, and if these requests are not met within Jul 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other other information provided by the SELLER while subscribing to the SELLER's website is in accordance with the truth, and that the SELLER will compensate immediately, in cash and once for all damages incurred by the SELLER due to the untruthfulness of this information upon the SELLER's first notification.
9.13. The BUYER agrees and undertakes from the beginning to comply with the provisions of legal legislation and not to violate them when using the SELLER's website. Otherwise, all legal and criminal obligations that may arise will be completely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morals, disturbs and harasses others, for a purpose contrary to the law, encroaches on the material and spiritual rights of others. In addition, the member may engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.) cannot be found in transactions.
9.15. Through the SELLER's website, links may be provided to other websites and/or other content that are not under the SELLER's own control and/or owned and/or operated by other third parties. These links have been put in order to provide 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 on the linked website.
9.16. A member who violates one or more of the articles listed in this agreement will be personally liable criminally and legally for this violation and will keep the SELLER free from the civil and criminal consequences of these violations. In addition; due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to file a claim for compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise the right to withdraw from the contract by rejecting the goods without assuming any civil and criminal liability and without any justification, provided that the BUYER notifies the SELLER within 14 (fourteen) days from the date of delivery of the product to him or to the person/ organization at the address indicated, if the distance contract is related to the sale of the goods. In the case of distance contracts related to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be used in service contracts where the performance of the service has been started with the approval of the consumer before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that by accepting this business agreement, he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax or e-mail with refund within 14 (fourteen) days and that the product has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot be Used" regulated in this agreement. In case this right is exercised,
a) 3. the invoice of the product delivered to the person or the BUYER, (If the invoice of the product requested to be returned is corporate, it must be sent together with the return invoice arranged by the institution when returning. Order refunds issued on behalf of invoiced institutions will not be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered completely and undamaged together with the box, packaging, standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER no later than 10 days after the withdrawal notification reaches him, and to receive a refund of the goods within 20 days.
e) If there is a decrease in the value of the goods for some reason caused by the BUYER's defect, or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the defect. However, the BUYER is not responsible for changes and distortions that occur due to the proper use of the goods or product during the period of the right of withdrawal.
f) If the discount amount used within the scope of the campaign is reduced below the campaign limit amount organized by the SELLER 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 USED
Underwear bottoms, swimwear and bikini bottoms, makeup, disposable products, goods that are in danger of rapid deterioration or are likely to expire, goods that are not suitable for return in terms of health and hygiene if opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, services performed instantly in electronic media or instant delivery to the consumer that are not available for return, underwear bottoms, swimwear and bikini bottoms, makeup, disposable products, goods that are in danger of rapid deterioration or expiration date, products that are not suitable for return in terms of health and hygiene if opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, other than those provided under the subscription agreement the return of the imported intangible goods, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER is not possible as per the Regulation. In addition, it is not possible to use the right of withdrawal for services that have been started to be performed with the consent of the consumer before the expiration of the right of withdrawal period, as required by the Regulation.
Cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) in order to be returned, their packaging must be unopened, untested, intact and unused.
12. THE STATE OF DEFAULT AND ITS LEGAL CONSEQUENCES
Pays payable by credit card If the BUYER defaults in the case of making the payment transactions with the credit card, the cardholder agrees, declares and undertakes that he will pay interest and be responsible to the bank within the framework of the credit card agreement between the bank and Dec. In this case, the relevant bank may resort to legal remedies; it may charge the costs and proxy fees incurred by the BUYER, and in any case, if the BUYER defaults on his debt, the BUYER agrees, declares and undertakes to pay the damage and loss suffered by the SELLER due to the delayed performance of the debt
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer issues arbitration committee or the consumer court at the place where the consumer's place of settlement is located or where the consumer transaction is made, within the monetary limits specified in the following law. Information about the monetary limit is below:
effective as of 28/05/2014:
a) 68 of the Consumer Protection Law No. 6502. In disputes whose value is less than 2.000,00 (two thousand) TL according to the article, the district consumer arbitration committees,
b) In disputes with a value of less than 3.000,00(three thousand)TL, provincial consumer arbitration committees,
c) In the metropolitan cities, applications are made to the provincial consumer arbitration committees in disputes between TL 2.000,00 (two thousand) and TL 3.000,00 (three thousand). Dec.
This Agreement is made for commercial purposes.
14. ENACTMENT
When the BUYER pays for the order placed through the Site, he/she is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements in such a way as to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is placed.
SELLER: NEVA İNTERNET HİZMETLERİ TEKSTİL VE TİC. AŞ.
receiver:
history:
tarafından yapılmıştır.