ONLINE SELLING CONTRACT1. PARTIES
This Agreement has been signed by the following parties in accordance with the following terms and conditions.
1. ‘RECEIVER’; (hereinafter referred to as "BUYER")
NAME- SURNAME:, ADDRESS:
2. ‘SELLER’; (hereinafter referred to as "SELLER")
TOKUÇ GRUP DIŞ TİCARET LTD ŞTİ, ADDRESS: NURUOSMANİYE CAD. GOLD PARK PLAZA NO: 47/3 FATIH ISTANBUL
By accepting this agreement, if the BUYER approves the order subject to the contract, the buyer accepts in advance that he will be under the obligation to pay the mentioned subject fees and any additional charges such as cargo fee and tax.
In the application and interpretation of this agreement, the following terms shall refer to the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transactions other than providing goods for a fee or interest or for which they are committed to be carried out,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods offering,
BUYER: A natural or legal person who acquires, uses or benefits from a product or service for commercial or non-professional purposes,
SITE: Website of the SELLER,
ORDERING ORDER: A natural or legal person requesting a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the product specified below and the purchase price of which the BUYER has ordered electronically via the website of the SELLER.
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 on time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: TOKUÇ GROUP FOREIGN TRADE LTD Address: NURUOSMANİYE CAD. GOLD PARK PLAZA NO: 47/3 FATIH ISTANBUL Phone: 0212 526 21 96, Fax: 0212 526 21 96, Email: [email protected]
5. BUYER INFORMATION
Delivery Person, Delivery Address, Telephone, Fax, Email / Username
6. ORDERING PERSON INFORMATION
Name / Surname / Title
Address, Phone, Fax, Email / user name
7. PRODUCT / PRODUCT INFORMATION ABOUT THE CONTRACT
1.The basic characteristics (type, quantity, brand / model, color, number) of the good / product / product / service are published on the website of the SELLER. If the campaign has been organized by the seller, you can review the basic features of the product during the campaign. Valid until the campaign date. The prices listed and announced on the website are the sales price. The announced prices and promises are valid until the update is made and changed. The prices announced on time are valid until the end of the specified period. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Search Total, (VAT Included)
Payment Method and Plan
Person to deliver
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
8. INVOICE INFORMATION Name / Surname / Title Address, Phone, Fax, Email / user name, Invoice delivery: The invoice will be delivered to the invoice address along with the order, during delivery of the order.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery information of the contracted product on the website of the SELLER and has given the necessary confirmation in the electronic environment. The receiver; Confirmation of the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information also accepts and declares that the correct and complete . Each product subject to the contract shall be delivered to the person and / or organization at the address indicated by the PURCHASER or the PURCHASER within the period specified in the preliminary information section of the website, depending on the distance of the PURCHASER's location, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER during this period, the BUYER reserves the right to terminate the contract.
9.3.The Supplier shall deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order, to perform the work within the principles of accuracy and honesty, in accordance with the requirements of legal legislation, free of any defects, to maintain and improve the quality of service, to pay attention and care, to act with prudence and foresight, declares and undertakes.
9.4.The SELLER may supply a different product of equal quality and price by informing the PURCHASER and expressly approving it before the contractual performance obligation expires.
9.5.If the Supplier fails to fulfill the contractual obligations in the event that the ordered product or service becomes impossible to fulfill, it shall acknowledge, declare and undertake that it shall notify the consumer in writing and shall refund the total price to the BUYER within 14 days.
9.6. The BUYER shall confirm this Agreement electronically for the delivery of the product subject to the Contract, accepting, declaring and committing that the Seller shall end the obligation to deliver the product subject to the contract in case the product amount of the contract is not paid and / or canceled in the bank records for any reason. would.
9.7.The BUYER, if the product subject to the contract is not paid to the SELLER by the related bank or financial institution as a result of unfair use of the credit card belonging to the PURCHASER after the delivery of the product subject to the Contract to the person and / or organization at the address indicated by the PURCHASER or the PURCHASER, The seller accepts, declares and undertakes that he will return the product to the SELLER within 3 days at the expense of the SELLER.
9.8.SATICI, developed by the parties' will, unforeseen in advance and the parties to fulfill their obligations and / or delayed due to force majeure conditions such as the occurrence of the product subject to the contract due to the condition, accept, declare and undertake to notify the buyer. The BUYER shall have the right to demand the cancellation of the order, the replacement of the contracted product with the precedent, if any, and / or postponement of the delivery period until the elimination of the preventive situation. If the order is canceled by the PURCHASER, the product amount is paid to the PURCHASER within 14 days in cash and in advance. For the payments made by the BUYER by credit card, the product amount is returned to the related bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks to reflect the amount returned to the credit card by the SELLER to the BUYER account, since the amount reflected in the BUYER's accounts after the return to the bank is entirely related to the bank transaction process. accept, declare and undertake that it cannot hold responsible.
9.9.SATICIN, address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER on the registration form of the BUYER or subsequently updated by the BUYER by means of letters, e-mail, SMS, telephone calls and other means of communication, marketing, has the right to reach the BUYER for notification and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities against him.
9.10.The BUYER shall inspect the goods / services subject to the contract before receiving them; dents, broken, package torn etc. damaged and defective goods / services will not receive delivery from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. The obligation to protect the goods / services after delivery is the responsibility of the BUYER. If the right of withdrawal is to be used, goods / services should not be used. 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 security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder to the previous month. or the owner of the card or bank statement of the credit card belonging to him to submit the letter from the BUYER. The order will be frozen until the BUYER obtains 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 that the personal and other information provided by the SELLER while becoming a member of the website of the SELLER is fair and that the SELLER will indemnify all damages to be incurred due to the illegality of SELLER on the first notification of the SELLER. would.
9.13.Buyer agrees and undertakes to comply with the provisions of legal regulations and not to violate them while using the SELLER website. Otherwise, all legal and penal obligations to be incurred shall bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's web site in any way disrupting public order, violating the general morality, disturbing or harassing others, in a manner that violates the material and moral rights of others for an unlawful purpose. In addition, members may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.16.A member who violates one or more of the provisions of this Agreement shall be personally and legally liable for such violation and shall keep the SELLER free of the legal and criminal consequences of such violations. Also; In the event that the case is transferred to the legal field due to this violation, the SELLER reserves the right to demand compensation against the member for failure to comply with the membership agreement.
10. RIGHT TO CANCELLATION
10.1.ALIC of; The Company may use the right of withdrawal from the contract by rejecting the goods without any legal and criminal responsibility and without giving any reason, within 14 (fourteen) days from the date of delivery to the product or the person / organization at the address indicated. The expenses arising from the use of the right of withdrawal belong to the BUYER. BUYER accepts that by accepting this agreement, he is informed about the right of withdrawal in advance.
In order to exercise the right of withdrawal, the lid of the Product must not be opened at all and the seller shall be notified in writing by registered mail, fax or email to the SELLER within 14 (fourteen) days. If this right is exercised;
a) 3. The invoice of the product delivered to the person or the BUYER (if the invoice of the product to be returned is corporate) must be returned to the SELLER together with the return invoice issued by the institution. Order returns issued on behalf of institutions whose invoice cannot be completed unless a RETURN INVOICE is sent.)
b) Return form,
c) The products to be returned must be delivered in complete and undamaged condition 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 under debt within 10 days from the receipt of the withdrawal notification to the BUYER and to receive the return within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's defect or if the return becomes impossible, the BUYER shall be liable to compensate the damages of the SELLER at the fault rate. In this case, the SELLER may incur any losses incurred by the BUYER from the payment made by the BUYER. The PURCHASER accepts and declares that he has given his consent with this agreement "
f) If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign shall be canceled.
11. PRODUCTS NOT AVAILABLE
Following the delivery to the BUYER, if the package is opened by the BUYER, it is not possible to return the products which are not suitable for health and hygiene in case the package is opened by the BUYER. Furthermore, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal for the services started with the approval of the consumer.
Products sold on our site, in order to be returned unpackaged, undamaged and unused should be used.
12. STATUTORY AND LEGAL RESULTS
If the PURCHASER defaults in the case of payment by credit card, the PURCHASER accepts, declares and undertakes that he will pay interest under the credit card agreement with the cardholder bank and be liable to the bank. In this case, the relevant bank may apply legal remedies; and in case the BUYER is in default due to the debt, the BUYER accepts, declares and undertakes that the SELLER shall pay the loss and loss incurred due to the delayed performance of the debt. basic characteristics of services, sales price, payment method, delivery conditions, etc. accepts and declares that it has knowledge of all preliminary information about the goods / services subject to sale and the right of withdrawal, confirms this preliminary information electronically and then orders the goods / services. The preliminary information and invoice work on the page are integral parts of this contract.
14. AUTHORIZED COURT
Complaints and objections in disputes arising from this agreement shall be filed with the arbitral tribunal or consumer court where the consumer settlements or the consumer transactions are located within the monetary limits specified in the following law. Information on the monetary limit is as follows: Effective from 28/05/2014: a) District consumer arbitral tribunals whose value is less than 2.000,00 (two thousand) TL in accordance with Article 68 of the Law No. 6502 on Consumer Protection, b) Provincial consumer arbitrator in disputes whose value is less than 3.000,00 (three thousand) TL the delegation,
c) In the cities with metropolitan status, in case of disputes between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL, applications are made to provincial consumer arbitration committees. This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, it shall be deemed to have accepted all the terms of this agreement.