DISTANCE SALES CONTRACT AND PRELIMINARY INFORMATION
TOPIC 1
The subject of this Sales Contract Preliminary Information Form covers the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) regarding the sale and delivery of the product/products, the characteristics and sales price of which are specified below, sold by the SELLER to the CUSTOMER/BUYER. By accepting this preliminary information form, the BUYER accepts in advance that he/she will be obliged to pay the order price and additional fees such as shipping fee, tax, if any, and that he/she has been informed about this.
2. SELLER INFORMATION
Title: HMY TECHNOLOGY NEEDS MATERIALS INDUSTRY AND FOREIGN TRADE INC.
Address: Akbaba District Kireçli Dead End Street No:14 Beykoz / ISTANBUL
Trade Registry Number: 73887-5
Central Registry Number: 0463058676300001
Phone: +90 532 628 11 55
Email: [email protected]
3.INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
3.1 The basic features of the Goods / Products / Services (type, quantity, brand / model, color, number) are available on the SELLER's website. You can examine the basic features of the product during the campaign period. Valid until the campaign date.
3.2 The prices listed and announced on the site are the sales prices. The prices of the products are determined in foreign currency. Prices are converted into TL currency daily using the foreign exchange sales rates announced by the Central Bank of the Republic of Turkey. The announced prices and promises are valid until updated and changed. The prices announced periodically are valid until the end of the specified period.
3.3 The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
4.GENERAL PROVISIONS
4.1. BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, has been informed and has given the necessary confirmation electronically. BUYER; by confirming the Preliminary Information electronically, accepts, declares and undertakes that he/she has obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information correctly and completely.
4.2. Each product subject to the contract shall be delivered to the cargo company within 5 working days, provided that the legal period of 30 days is not exceeded. If the products cannot be delivered to the cargo company within this period, the BUYER reserves the right to terminate the contract.
4.3. SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualities specified in the order and with the warranty documents and user manuals, if any, free from any defects, in accordance with the legal legislation requirements and standards, to perform the work in accordance with the principles of honesty and integrity with the information and documents required for the work, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, and to act with prudence and foresight.
4.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
4.5. If the SELLER cannot fulfill its obligations in the contract in case the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation, and in case of payments made by the BUYER in cash, the product amount will be paid to the BUYER in cash and in a lump sum within 14 days. In case of payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 14 days after the written notification that the order cannot be delivered. The BUYER accepts, declares and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after it is returned to the bank is completely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
4.6. The BUYER accepts, declares and undertakes that he/she accepts this contract when he/she orders the contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will be terminated.
4.7. If the price of the contractual product 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 contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
4.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive event is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a single payment within 14 days. In the case of payments made by the BUYER with a credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is completely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
4.9. Shipping Fees: For orders over 300 TL including VAT, they belong to the SELLER. Orders will be delivered to Sürat cargo company within 5 business days at the latest.
4.9.1. The invoice will be delivered to the invoice address together with the order or to the e-mail address via electronic mail during the delivery of the order.
5.RIGHT OF WITHDRAWAL
5.1. In distance contracts related to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
5.2. In order to exercise the right of withdrawal, written notice must be sent to the SELLER within 14 (fourteen) days via registered mail, fax, through the My Account/Orders menu on the website or to the e-mail address [email protected] 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.
5.3. 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. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
5.4. The BUYER must deliver the withdrawal notice and the products that are the subject of the contract to the SELLER within ten days from the date of the withdrawal request.
5.5. The products to be returned must be delivered to the domestic cargo company, complete and undamaged, together with the box, packaging and standard accessories (if any), with the agreement number.
5.6. 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 date of receipt of the notice of withdrawal and the products subject to the contract and to take back the goods within 20 days.
5.7. 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 his fault. However, the BUYER is not responsible for changes and deteriorations that occur due to improper use of the goods or product during the right of withdrawal period.
5.8. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
5.9. In the event that one or more products among the products purchased within the scope of the package product campaign are returned due to the exercise of the right of withdrawal, the SELLER may cancel the discount amount provided within the scope of this campaign.
6. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
6.1. Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
6.2. Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
6.3. Contracts for the delivery of goods that are perishable or subject to expiry.
6.4. Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
6.5. Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
6.6. Contracts regarding books, digital content and computer consumables, data recording and data storage devices presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
6.7. Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription contract.
6.8. Contracts for services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
6.9. Contracts regarding services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal. Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) can be returned if their packaging is unopened, untested, undamaged and unused.
7. COMPETENT AUTHORITIES IN CASE OF DISPUTE
The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the law below. Information regarding the monetary limit is given below: ./05/2014 effective:
a) In case of disputes with a value below 10,280 TL, in accordance with Article 68 of the Consumer Protection Law No. 6502, to the district consumer arbitration committees,
b) In the centres of provinces that are not metropolitan, Provincial Consumer Arbitration Committees will be responsible for disputes under 15,430 TL.
c) Provincial Consumer Arbitration Committees will be responsible for disputes between 10,280 TL and 15,430 TL in districts of provinces that are not metropolitan.
This Agreement is made for commercial purposes.
SELLER: HMY TECHNOLOGY NEEDS MATERIALS INDUSTRY AND FOREIGN TRADE INC.
BUYER :
Name/Surname :
History :