DISTANCE SALES AGREEMENT
ARTICLE 1. PARTIES
Title: TOKGÜN CARPET KİLİM TİCARET TÜNCEL TOKGÜN
Address: Piyerloti Cd. Peykhane Sk. Kamer Han No: 16/10
Phone: +90 212 520 26 44
GSM: +90 532 383 42 75
ARTICLE 2. SUBJECT
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. 6052 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the products ordered by the BUYER from the www.klimalik.com website belonging to the SELLER.
ARTICLE 3. PROVISIONS REGARDING THE CONTRACT SUBJECT PRODUCT, PAYMENT AND RETURN
AUTOMATIC Order and Price Will Be Reflected.
3.1. Payment method
3.1.1. Cash on Delivery: When you choose the cash payment option at the door, our products will be delivered to you by cargo and you can pay the product price to the cargo officer at the door.
3.1.2. Payment by Credit Card: In order to pay by credit card, you must fill in the credit card information completely and completely in the relevant sections. You can pay with your credit card in one shot, or you can pay by dividing it into different installment options. By organizing campaigns, your bank can apply more installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the initiative of your bank and if it is within the knowledge of our company, information about the campaigns is provided on our pages. The order total will be divided by the number of installments starting from the date of your credit card statement and your bank will reflect on your credit card summary. The bank may not distribute the installment amounts evenly over the months, taking into account the fraction differences. The creation of your detailed payment schedule is at the initiative of your bank.
3.1.3. Payment by Wire Transfer: If you want to pay by wire transfer, you can make a transfer to our company’s account with Garanti Bank branch code 1146, account number 629903 or IBAN number TR480006200114600006299903.
3.2. On the other hand, since the term sales are made only with credit cards belonging to the Banks, the BUYER will also confirm the relevant interest rates and the information about the default interest from the bank, and the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the current legislation. accepts, declares and undertakes.
3.3. Return Procedure
3.3.1. Credit Card Return Procedure: In cases where the BUYER exercises its right of withdrawal, or the product subject to the order cannot be supplied for various reasons or the consumer problems arbitration committee decides to return the price to the consumer, if the shopping is made with a credit card in one payment or in installments, refund to the credit card The procedure is outlined below:
If our customer purchased the product in installments, the Bank pays the customer in installments. After (Company Title) pays the entire price of the product to the bank at once, if the installment expenses made from the bank POS are refunded to the credit card of our customer, the requested refund amounts are transferred to the bearer accounts by the bank in installments, in order to prevent the parties involved in the matter from falling into disadvantage. The installment amounts paid by the customer until the cancellation of the sale, if the return date and the card cut-off date do not coincide, 1 refund will be reflected on the card each month, and the installments paid by the customer before the return will take as many months as the number of installments paid before the return and have been deducted from the current debts. will be.
The BUYER accepts and undertakes that he has read and accepted this procedure.
3.3.2. Return Procedure for Cash on Delivery and Money Transfer Payment Options: In cash transfer payment options with payment at the door, the refund will be made in the form of a wire transfer to the account specified by the consumer (the account must be in the name of the person at the billing address or on behalf of the user member) by requesting the bank account information from the consumer.
3.4. Delivery Method and Address
Delivery will be delivered by hand at the address specified in the order form of the BUYER through one of the contracted cargo companies. Even if the BUYER is not present at the time of delivery, the SELLER will be deemed to have fulfilled his / her action completely and completely. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses due to the waiting of the product in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER. Shipping cost is not included in the product price. The shipping cost is added to the order amount and paid by the consumer. The campaigns regarding the cargo price are at the discretion of our company and in these cases the prices stated above are not valid.
ARTICLE 4. GENERAL PROVISIONS
4.1. The BUYER declares that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the products subject to the contract on the www.klimalik.com website and gives the necessary confirmation electronically.
4.2. The contractual product is delivered to the BUYER or the person / organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER’s place of residence for each product, provided that it does not exceed the legal period of fourteen days.
4.3. If the product subject to the contract is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible if the person / organization to be delivered does not accept the delivery.
4.4. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
4.5. For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
4.6. If the bank or financial institution does not pay the price of the product to the SELLER due to the fact that the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons not due to the BUYER’s fault after the delivery of the product, the product will be delivered to the BUYER for three days. It must be sent to the SELLER.
ARTICLE 5. RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw by refusing the product within fourteen days from the delivery of the contractual product to him or the person / organization at the address indicated. If the SELLER or the Provider fails to fulfill the obligations specified in the twelfth article of the Distance Contracts Regulation, the right of withdrawal is fourteen days. It is sufficient to notify the notification regarding the exercise of the right of withdrawal in writing or with a continuous data carrier within this period.
The product price is returned to the BUYER within fourteen days from the date when the withdrawal notification of the consumer reaches the SELLER in writing or through the continuous data carrier.
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or service within fourteen days from the date of receipt of the goods or the contract is signed without any legal and criminal liability and without any justification, and we undertake to take back the goods from the date of receipt of the withdrawal notification to the SELLER or the supplier.
In accordance with the General Communiqué of the Tax Procedure Law No. 385, the relevant parts of the invoice with the return section we have sent to you must be filled in completely and returned with the product after it is signed. However, as our customers do not pay VAT in their orders in TRNC and abroad, they are obliged to pay the taxes of the products they have bought at customs. Customers do not have the right of withdrawal for products that are not received from customs in any way.
Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts.
a) Before the expiry of the right of withdrawal, the service contracts started with the approval of the consumer,
b) Contracts for goods whose prices are determined in the stock market or other organized markets,
c) Contracts for the delivery of goods that are prepared in line with the consumer’s wishes or expressly their personal needs, which are not suitable for return due to their nature and that are in danger of rapid deterioration or are likely to expire,
ç) Contracts regarding audio or video recordings, software programs and computer consumables, provided that the package is opened by the consumer,
d) Contracts for the delivery of periodicals such as newspapers and magazines,
e) Contracts for the performance of betting and lottery related services,
f) Contracts for services performed immediately in electronic environment and intangible goods delivered immediately to consumers.
If the right of withdrawal is used, the product and package control will be carried out by (TOKGÜN HALI KİLİM TİCARET TÜNCEL TOKGÜN). The shipping cost of the returned product due to the right of withdrawal is paid by the SELLER. The BUYER may notify the requests and complaints to the SELLER in writing or with the continuous data carrier. (See the Distance Contracts Regulation for more information.)
ARTICLE 6. DEFAULT PROVISIONS
In case the parties do not fulfill their obligations arising from this contract, the Code of Obligations 106-108. The provisions on Default of the Borrower stated in the article will be applied. In case of default, if any party fails to fulfill its actions within the time limit without a justifiable reason, the other party will give the non-performing party a seven-day period to fulfill the said act. If it is not fulfilled during this period, the party who does not fulfill its action will be deemed as default and the creditor will have the right to demand the delivery of the goods and / or the termination of the contract and the return of the price.
If the product subject to the contract cannot be delivered within due time due to force majeure that may prevent the SELLER from fulfilling this obligation or due to adverse weather conditions that prevent the transportation, interruption of transportation, fire, earthquake, flood, in such cases, the BUYER has no responsibility. can exercise one of the right to cancel the order or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid will be paid to him within fourteen days. (For purchases made by credit card in installments, the above procedure for credit card refund is accepted by the BUYER.)
ARTICLE 7. AUTHORIZED COURT
In the implementation of this contract, the Consumer Problems Arbitration Committees and the Consumer Courts in the settlement of the BUYER or SELLER are authorized up to the value declared by the Ministry of Customs and Trade.
In case the order is realized, the BUYER is deemed to have accepted all the terms of this contract.