DISTANT SALES CONTRACT
E.UCAN HALI CO.LTD. DISTANT SALES CONTRACT
Article 1 – SUBJECT
The subject of this
contract is the sale-delivery of the product specified below to the BUYER, in
accordance with the Law No 6502 Concerning the Protection of the Consumer and
the Regulation of Distant Sales, concerning the sale and delivery of the
product, the qualities and selling price of which are presented below, and that
is sold by the SELLER to the BUYER over the internet site www.e-flyingcarpet.com and the
statement of the rights and obligations of the Parties in this matter.
ARTICLE 2 SELLER’S INFORMATION
SELLER: E.UCAN HALI İTH.İHR. TİC.LTD.ŞTİ.
Address: Nenehatun Cad. 52/E O6700
G.O.P.ÇANKAYA/ANKARA
Phone: 0312 446 06 72 – 446 20 17
E-mail: info@ucanhali.com.tr
Fax: 0312 446 06 72
ARTICLE 3 PRODUCT SUBJECT TO CONTRACT
The type, kind,
amount, color, Selling Price and Delivery Information of the product subject to
contract are specified below.
Product Code and
Description
Amount
Price (VAT Included)
Payment Method:
Delivery Address:
Billing Address:
ARTICLE 4 – GENERAL PROVISIONS:
4.1. THE BUYER ,
declares that he/she confirms electronically that the product on the internet
site www.e-flyingcarpet.com will be delivered
with the basic qualities, the selling price including all taxes and the
specified payment method will be paid by the BUYER, that he/she has read and
understood the preliminary information concerning delivery time, commercial
name of the SELLER, its registered address and contact information.
THE BUYER, by
confirming this contract electronically, confirms that he/she accurately and
completely received the information about the address, basic features of the
ordered products, and the tax-inclusive prices of products, delivery
information and right of withdrawal and the content of the right of withdrawal
prior to the execution of this contract.
4.2. THE BUYER hereby
agrees, declares and undertakes that he/she has read and understood all other
preliminary information that are legally mandatory to be present due to the Law
No 6502 Concerning the Protection of the Consumer and the Regulation of Distant
Sales and that he/she provided the required confirmation from the web site www.e-flyincarpet.com electronically.
4.3. The product
subject to contract, will be delivered within the period specified on the web
site based on each product and the distance to the BUYER’s residence, but in
all cases less than 30 (Thirty) days, to the BUYER or the person/organization
he/she indicates. The SELLER will pay all shipment fees concerning the delivery
in Article 3 and the it will be billed in the order invoice under the title “Shipment Fee“.
4.4. If the product
subject to contract will be delivered to another person/organization than the
BUYER, the SELLER cannot be held responsible if the person/organization that
will receive the delivery does not accept it. In case the delivery is delayed
and ⁄ or the Product cannot be delivered due to problems caused by the shipment
company, the SELLER cannot be held liable. In case the Product is not delivered
due to the BUYER’s absence at the address, the SELLER cannot be held
responsible in any way.
4.5. THE BUYER is
responsible to check the product on delivery, reject the delivery if a
cargo-related problem appears on the Product and to make the shipment company’s
officer file a report. Otherwise, the SELLER will not accept any
responsibility.
4.6. The SELLER is
responsible to deliver the product intact, complete, in conformance with the
qualities specified in the order, and along with its user’s manuals and
warranty documents.
4.7 In case the
delivery of the product or service becomes impossible and the SELLER cannot
fulfill its contractual duties, it informs the customer before the obligation
to perform that arises from the contract expires and may supply a different
product of equivalent quality and price to the BUYER, if the item itself
is not in the inventory. In that case, the SELLER is considered fulfilled its
Product Supply duty. In this case, the BUYER has the right to reject the
product and terminate the contract.
4.8. If the relevant
bank or financing institution does not pay the product’s price to the SELLER
following the product’s delivery, because the BUYER’s credit card, banking
card, debit card and ⁄ or other payment methods on the Internet Site are used
by unauthorized persons unjustly or unlawfully; the BUYER is required to return
the product (if it was delivered) within 7 (seven) days. In this case, the shipment
expenses belong to the BUYER.
4.9. The SELLER is
responsible to inform the BUYER if the SELLER cannot perform the delivery for
the Product subject to contract on time, due to force majeure events or weather
conditions, transportation blocks etc. reasons that prevent shipment, In
this case the BUYER has the right to cancel his/her order and terminate the
contract. In case the Contract is terminated, the SELLER is responsible to
return all the payments it has collected excluding the shipment fees to the
BUYER in cash and in full, within 10 (ten) days of the delivery of the
termination notice.
4.10. The SELLER has
the right to cancel the purchases that exceed consumer needs over the internet
site. The purchases that exceed consumer needs, purchases involving more than 3
(three) products, the SELLER reserves the right to cancel the whole order or
delivering only 3 (three) products, which are the retail limits.
4.11. The BUYER has to
pay the full price of the Product before delivery, unless otherwise agreed upon
in writing by the SELLER. If the Product price is not paid to the SELLER in
full for single installment sales, or the installment that is due is not
paid on time for multiple installment sales, the SELLER has the right to
unilaterally terminate the contract and refuse to deliver the Product.
If, for any reason, the Bank/financial institution that owns the credit card
used for payment does not pay the Product price to the SELLER or requests the
return of the payment after the delivery of the Product, the BUYER shall return
the Product to the Seller within 3 days. If the non-payment of the Product
price is due to a fault or negligence of the BUYER, the BUYER shall pay the
shipment fee.
ARTICLE 5 RIGHT OF WITHDRAWAL
5.1. The BUYER has the
right of withdrawal for 14 (fourteen) days following the delivery of the
Product subject to contract to him/her or to the person/organization in the
address he/she specifies, without specifying any reason.
5.2. To use the right
of withdrawal, the BUYER must inform the SELLER within 14 (fourteen) days via
fax, phone or e-mail and the Product should be unused and in a state that can
be resold by the SELLER according to the provisions of Article 15, “Exceptions
of the Right of Withdrawal” of the Regulation of Distant Sales, published in
the Official Gazette dated 27.11.2014 and Article 6 of the electronically
signed Distant Sales Contract executed between the Parties. In case this right
is exercised,
a) The invoice of the Product that is delivered to the Third Party or the
BUYER (If the invoice is corporate, along with the return invoice issued by the
returning organization) must be sent to the SELLER within 10 (Ten) days. The
returns of purchases, the invoices of which are issued for corporations will
not be completed if the RETURN INVOICE is not issued.
b) The Return Form,
c) The box, packaging and standard accessories (if any) of the products
to be returned need to be delivered to the SELLER within 10 (Ten) days from the
delivery of the right of withdrawal request. The Product price shall be
returned to the BUYER within 10 days following the delivery of the request of
right of withdrawal to the SELLER.
In case the right of withdrawal is exercised, the BUYER is responsible to
return the goods to the SELLER within 10 (Ten) days following the delivery of
the request of right of withdrawal to the SELLER using the shipping company,
which is the contracted company of the SELLER.
If the Consumer does not send the goods within 10 (Ten) days following the
date on which the notice concerning the right of withdrawal is delivered to the
SELLER, the right of withdrawal will be deemed waived.
When the Product is
being returned to the SELLER, the original invoice delivered to the BUYER shall
also be returned (to ensure consistency in our accounting records) and the
return process will not be executed if the invoice is not delivered along with
the Product, or within 5 (five) days of the delivery of the Product to the
SELLER, and the Product will be sent back to the BUYER, cash on delivery. The
invoice that shall be returned with the products will bear the text “RETURN
INVOICE” and be signed by the BUYER.
5.3. To use the right
of withdrawal, the packaging of the product must be closed, unharmed and the
product shouldn’t be used or tried.
5.4 Returns for
products that cannot be returned due to their characteristics; single use
products, software and programs that can be copied, fast-spoiling or expirable
products will not be accepted.
ARTICLE 6 INTELLECTUAL PROPERTY RIGHTS
The intellectual-commercial
rights and property rights of any content or information belonging to the
INTERNET SITE and the editing, revision and use of part/whole of the same
belong to the SELLER.
The SELLER reserves
the right to make any modifications that it may deem necessary concerning the
above; these modifications enter into force on the moment when they are
announced by the SELLE on the INTERNET SITE or other appropriate methods.
ARTICLE 7 COMPETENT COURT
This Contract is
subject to the laws of the Turkish Legal regulations. The Consumer Arbitration
Committees and the Consumer Courts in the SELLER’s region have exclusive
jurisdiction up to the value set by the Republic of Turkey Trade Ministry in
the execution of this contract. In case the order is approved, the BUYER is
considered to have agreed to all the conditions of this Contract.
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PRE-NOTIFICATION FORM ACCORDING TO THE CONSUMER LEGISLATION
1. SELLER’S
INFORMATION
E.UCAN HALI İTH.İHR. TİC.LTD.ŞTİ.
Address: Nenehatun Cad. 52/E O6700
G.O.P.ÇANKAYA/ANKARA
Phone: 0312 446 06 72 – 446 20 17
Email: info@ucanhali.com.tr
Fax: 0312 446 06 72
1. INFORMATION ON THE
PRODUCT SUBJECT TO CONRACT
The type, kind,
amount, color, Selling Price and Delivery Information of the product subject to
contract are specified below.
Product Code and
Description
Amount
Price (VAT Included)
Payment Method:
Delivery Address:
Billing Address:
Your order will be delivered to the product shipment company ordered on
behalf of BUYER within
30 (thirty) days of the order date, according to the provisions of the Law No
6502 Concerning the Protection of the Consumer and ⁄ or your discount
code is delivered electronically. The shipment company will deliver your cargo
at most 2 days after the shipment code becomes visible on the system.
The SELLER reserves
the right to cancel the order and return the collected amounts to the BUYER
acording to the relevant legislation based on the provision “If the performance
of the product or service subject to order becomes impossible, the seller or
provider shall inform the consumer within three days of learning about this
condition in writing or through a permanent data storage, and return all the
collected amounts, including the delivery expenses if any, within fourteen days
o the notification date”, stated in the sub-clause 4 of Article 16 of the
Distant Sales Regulation no 29188 entered into force on 27.03.2015, if mistakes
took place in the product price, product description, product characteristics
etc. when offering the product for sale on the internet site.
1. VALIDITY PERIOD
After this
pre-notification form is read and approved by the Consumer in electronic form,
the Distant Sales Contract will be executed.
1. RIGHT OF WITHDRAWAL
When the Consumer
approves the Contract, the Price and expenses for the Product(s) he/she orders
will be collected through the payment method of choice.
The Consumer has the
right of withdrawal from the contract by rejecting the product in distant sales
contracts concerning sales of products within 14 (fourteen) days of delivery,
without undertaking any legal or penal liability and without specifying any
reason. In distant contracts concerning service provision, this period starts
on the execution date of the contract. If the Contract specifies that the
service will be performed before the 14-day period is expired, the consumer can
use his/her right of withdrawal before the performance date.
In case the CONSUMER
uses his/her right of withdrawal, he/she shall return the product he/she bought
to the SELLER via the MNG Kargo company, with which the SELLER has a contract.
In case the return product is sent via the contracted Shipment Company, the
expenses for the exercise of the right of withdrawal will belong to the SELLER.
If any other method apart from the contracted shipment company of the SELLER is
used to return the Product while exercising the right of withdrawal, the
CONSUMER will pay the expenses for the return delivery.
To use the right of
withdrawal, the BUYER must inform the SELLER within 14days via fax, phone or to
the e-mail address and the Product should be unused according to the provisions
of Article 15, “Exceptions of the Right of Withdrawal” of the Regulation of
Distant Sales, published in the Official Gazette dated 27.11.2014 and Article 6
of the electronically signed Distant Sales Contract executed between the
Parties. The return methods under the scope of the Right of Withdrawal are also
included in the Distant Sales Contract in detail.
In case the right of
withdrawal is exercised, the BUYER is responsible to return the goods to the
SELLER within 10 (Ten) days following the delivery of the request of right of
withdrawal to the SELLER using the shipping company, which is the contracted
company of the SELLER.
If the Consumer does
not send the goods to the SELLER within 10 (Ten) days following the date on
which the notice concerning the right of withdrawal is delivered to the SELLER,
the right of withdrawal will be deemed waived.
In case the
requirements specified above are fulfilled by the consumer on time and
appropriately, the Product price and the Product delivery expenses will be
returned to the Consumer within 14 days from the delivery of the withdrawal
notice to our company, in a manner appropriate to the payment tool used while
purchasing the Product.
5. COMPETENT COURT
The consumer can file
his/her complaint and objection applications to the consumer problems
arbitration committee or consumer courts in the area where the consumer
received the product or service or where he/she resides, within the monetary
limits specified by the Republic of Turkey Ministry of Customs and Trade in
December each year.
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