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 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(s) sold by the SELLER to the CUSTOMER/BUYER, the specifications and sales prices of which are specified below. By accepting this Preliminary Information Form, the BUYER acknowledges that upon confirming the order, they will be obligated to pay the order price and any additional fees specified, such as shipping and taxes, and that they have been informed accordingly.
2. SELLER INFORMATION
Title: HMYDESIGN DECORATION LIGHTING DESIGN AND ARCHITECTURE INC.
Address: Akbaba Neighborhood, Kireçli Dead End, Street No:14, Beykoz / ISTANBUL
Trade Registry Number: 421249-0
Central Registry Number: 0258089496200025
Phone: +90 532 628 11 55
Email: [email protected]
3. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
3.1 The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are available on the SELLER's website. You can review the basic features of the product during the campaign period. The offer is valid until the campaign date.
3.2 The prices listed and announced on the site are sales prices. Product prices are determined in foreign currency. Prices are converted to Turkish Lira daily using the exchange rates announced by the Central Bank of the Republic of Turkey (CBRT). Advertised prices and promises are valid until updated or changed. 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. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address that should have been provided to the BUYER by the SELLER before the distance sales contract was established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.
4.2. Each product subject to the contract will be delivered to the courier company within 5 business days, provided that the legal period of 30 days is not exceeded. If the products cannot be delivered to the courier company within this period, the BUYER reserves the right to terminate the contract.
4.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any; to perform the work in accordance with the standards, free from all defects, in accordance with the legal legislation requirements and with the information and documents required for the work, in accordance with the principles of honesty and integrity; to maintain and improve 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 is unable to fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days of learning of this situation. For payments made by the BUYER in cash, the product price will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by the BUYER by credit card, the product price will be refunded to the relevant bank within 14 days of the written notification that the order cannot be delivered. The BUYER accepts, declares and undertakes that the average time for the amount refunded to the SELLER's credit card to be reflected in the BUYER's account by the bank may be 2 to 3 weeks. Since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for any possible delays.
4.6. The BUYER accepts, declares and undertakes that he/she accepts this contract when he/she orders the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
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 unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to 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, with the shipping costs being borne by the SELLER.
4.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. 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 entirely 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 (VAT included), the cost is the responsibility of 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 billing address along with the order or to the e-mail address via electronic mail during order delivery.
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 the BUYER or the person/entity at the address specified, without assuming any legal or criminal liability and without giving any justification, provided that the BUYER notifies the SELLER. In distance contracts related to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be the responsibility of the SELLER. By accepting this contract, the BUYER acknowledges that it has been informed of the right of withdrawal.
5.2. In order to exercise the right of withdrawal, a written notification 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 out 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 from a corporate entity, it must be sent together with the return invoice issued by the corporate entity. Returns of orders whose invoices are issued in the name of corporate entities will not be completed unless a RETURN INVOICE is issued.)
5.4. The BUYER must deliver the notice of withdrawal and the products subject to 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 complete and undamaged, together with the box, packaging and standard accessories (if any), to the domestic cargo company 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 or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for damages to the extent of the fault. However, the BUYER is not responsible for any changes or deterioration in the goods or products that occur due to improper use 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 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 regarding the delivery of goods that are perishable or may expire quickly.
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 regarding 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 regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
6.8. Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
6.9. Contracts for services that began 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, cartridges, ribbons, etc.) may be returned if their packaging is unopened, untested, undamaged, and unused.
7. COMPETENT AUTHORITIES IN CASE OF DISPUTE
The SELLER may submit complaints and objections to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limit is provided below: Effective as of May 2014:
a) In accordance with Article 68 of the Consumer Protection Law No. 6502, disputes with a value below 10,280 TL shall be referred to the district consumer arbitration committees.
b) In the centers of provinces that are not metropolitan municipalities, Provincial Consumer Arbitration Committees will be in charge of 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: HMYDESIGN DECORATION LIGHTING DESIGN AND ARCHITECTURE INC.
BUYER :
Name/Surname:
History :