Distant Sales Contract
This Agreement has been signed between the following parties under the terms and conditions specified below.
A.BUYER'; (hereinafter referred to as "BUYER" in the agreement)
B.'SELLER' ; (hereinafter referred to as "SELLER" in the agreement)
NAME-LAST NAME: DERI STORE DERI KONF. VE DERİ YAN ÜRN. SATIŞ VE TİCARET MUSTAFA EKEN
ADDRESS: ANAFARTALAR CAD. NO: 418 D:106 KEMERALTI İZMİR
By accepting this agreement, the BUYER accepts that if she/he confirms the order, she/he shall be under the obligation to pay the additional prices such as the price of the product and shipping price, if any, and the tax and that she/ he has been informed of this.
In the application and interpretation of the present contract, the following written terms shall express the written explanations in against.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distant Contracts Regulation (OG: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transaction, other than providing goods, that are made or committed to be made in return for a fee or benefit,
SELLER: The company providing goods for consumers or acting in the name or account of the one providing goods to the consumers under the scope of its commercial or professional activities,
BUYER: A real or legal person who acquires, uses or benefits from a good or service with purposes other than commercial and professional,
SITE: Website which belongs to the SELLER,
ORDERING PARTY: The real or legal person requesting a good or service on the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: the movable goods subject to shopping and the software, sound, image and other intangible goods prepared for use in the electronic medium,
This contract regulates rights and obligations of the parties with respect to the sale and delivery of the product whose features and sales price specified below and which ordered via (deristore.com.tr) website belonging the SELLER in the electronic medium by the BUYER in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
The prices listed and announced on the site are the sales price. The advertised prices and promises are valid until they are updated and modified. The prices announced on a periodical basis are valid until the end of the specified period.
4. SELLER INFORMATION
COMPANY NAME/TITLE: DERİ STORE DERİ KONF. VE DERİ YAN ÜRN. SATIŞ VE TİCARET MUSTAFA EKEN
ADDRESS: ANAFARTALAR CAD. NO: 418 D:106 KEMERALTI İZMİR
TEL: 0850 305 19 13
FAX: 0850 305 19 13
5. BUYER INFORMATION
Person To Be Delivered:
Email / username
6. ORDERING PARTY CONTACT INFORMATION
Name/ Surname / Title
Email / username
7. CONTRACT SUBJECT GOODS/PRODUCTS INFORMATION
1. The basic characteristics (type, quantity, brand / model, color, quantity) of the goods / products / services are published on the website of the SELLER. If the campaign is organized by the seller, you can review the basic features of the product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sale price. The advertised prices and promises are valid until they are updated and modified. The prices announced on a periodical basis are valid until the end of the specified period.
7.3. The selling price of the goods or services subject to the contract, including all taxes, is shown Below.
Product Description Unit Price Subtotal
Payment Method and Schedule:
Person To Be Delivered:
7.4. The shipping cost will be paid by the BUYER.
8. BILLING INFORMATION
Name/ Surname / Title
Email / username
Invoice delivery: Invoice shall be delivered during the delivery of the order to the invoice address.
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic qualities, sales price and payment method and delivery of the product subject to the contract on the website of the SELLER and gives the necessary confirmation in an electronic medium. BUYER's confirmation the preliminary informing in electronic medium, before the establishment of the distant sale contract, means that she/he acknowledges, declares and undertakes that she/he obtained accurately and completely address to be given by the SELLER to the BUYER, basic features of the products subject to the order, prices of the products including tax, payment and delivery methods.
9.2. Each product subject to the contract shall be delivered to the person and / or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information on the website, depending on the location of the BUYER, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. SELLER acknowledges, declares and undertakes that she / he shall deliver the product subject to the Contract in accordance with the specifications stated in the order with guarantee documents, manuals and other information and documents necessary for the business, shall perform in line with legal legislation requirements as solid and free from all kinds of defects in accordance with the standards under the principles of integrity and honesty, shall maintain and increase service quality, shall pay necessary attention and care and shall act with caution and vision.
9.4. SELLER may supply a different product with equal quality and price by informing the BUYER and expressly obtaining its approval before the contractual performance obligation expires.
9.5. SELLER accept, declare and undertakes that in the event she/he fails to fulfill the obligations of the contract if the performance of product or service subject to the order becomes impossible, she/he shall inform the consumer in writing within 3 days from the date of learning, and shall return the total price to the BUYER within 14 day.
9. 6. The BUYER accepts, declares and undertakes that she/he shall confirm Preliminary Informing Form for the delivery of the Product subject to Contract in electronic medium, that in case price of the contract has not paid and /or cancelled in the bank records for any reason, SELLER's obligation to deliver the product subject to agreement.
9.7. BUYER accepts, declares and undertakes that he/she will return the contractual product in 3 days with the shipment expenses resting on the SELLER to the SELLER if, after the delivery of the Product to the BUYER or to the person and/or institution at the address which is indicated by the BUYER, the said product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the credit card of the BUYER.
9.8. The SELLER accepts, declares and undertakes to inform the BUYER of the situation if she/ he cannot deliver the product due to force majeure situations which happen beyond the will of parties and are not foreseen in advance and are preventive and/or deleterious in nature to perform the obligations of the parties. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with its precedent and / or to postpone the delivery period until the preventive situation disappears. In case of cancellation of the order by the BUYER, in the payments made by the BUYER in cash, the amount of the product is paid to her/him in cash and single payment within 14 days. In the case of payments made by the BUYER with a credit card, the product amount shall be returned to the bank within 14 days after the cancellation of the order by the BUYER. BUYER accepts, declares and undertakes that average process on reflecting the amount being returned to the credit card to BUYER account may take 2 and 3 weeks, that BUYER cannot hold liable the SELLER for possible delays because the process and transaction of the amount being returned to the bank be reflected to BUYER's accounts is solely regarding to bank process.
9.9. SELLER has the right to contact with BUYER for communication, marketing, notification and other purposes with letter, e-mail, SMS, telephone talking and other means by using BUYER's address which was specified by her/him on registration form on the Site and was updated later, e-mail address, fixed and mobile phone lines and other communication means. The BUYER accepts and declares that the SELLER may make the above-mentioned communication activities aimed at him / her.
9.10. The BUYER shall inspect the goods / services subject to the contract before receiving and shall not receive dented, broken, torn packaging etc. damaged and defective goods / services from the cargo company. The delivered goods / service shall be deemed to be undamaged and intact. Careful protection of the goods / services after the delivery belongs to the BUYER. Goods / services should not be used if the right to avoidance of the contract is used. The invoice must be returned.
9.11. In the event BUYER and the credit card holder used during the order is not the same person a security vulnerability is found regarding the credit card used in the order before the product is delivered to BUYER, SELLER may request identity and communication information of the credit card holder, bank statement of the credit card used in the order for previous month or bank letter regarding belonging of the credit card to the holder from BUYER. The order will be frozen until BUYER provide the aforementioned information and if the said requests are not fulfilled within 24 hours, SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information given to the SELLER when it becomes a member of the website are true and that she/he shall indemnify, immediately and in full, all damages to be incurred by the SELLER on the first notice of the SELLER.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the internet site of the SELLER. Otherwise, all legal and penal obligations shall be completely and exclusively on the BUYER.
9.14. The BUYER cannot use the website of the SELLER in any way to disrupt public order, to violate the general morality, to disturb and harass the others, for an unlawful purpose, to infringe upon the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that would prevent others from using the services.
9.15. Links may be given to other websites, which are not under the control of SELLER and / or possessed or /operated by other third parties, or other content on SELLER's web site. These links are provided to ease the direction for the BUYER and do not support any website or the person who operates the site and do not constitute any guarantee for the information contained in the Linked Website.
9.16. The member who violates one or more of the articles mentioned in this contract shall be personally and criminally and legally responsible for the violation thereof and shall keep the SELLER harmless from the legal and criminal consequences of such violations. In addition, In the event that the incident is referred to the legal area due to this violation, the SELLER reserves the right to claim damages for non-compliance with the membership agreement against the member.
10. RIGHT TO AVOIDANCE OF CONTRACT
10.1. BUYER, in case the distance contract is
related to the sale of goods, may use the right to avoidance of contract by
refusing the goods without taking any civil and criminal liability and without
giving any justification, provided that he informs the SELLER within 14
(fourteen) days from the date of delivery of the product to the person / organization indicated by him. In the
case of distant contracts for service provision, this period shall begin on the
date of signing the contract. Before the expiration of the right to avoidance
of the contract, the right to avoidance
of contract may not be used in the service contracts that are launched with the
approval of the consumer.
The costs arising from the use of the right to avoidance of contract belong to the SELLER. The BUYER accepts in advance that it has been informed about the right to avoidance of contract by accepting this contract.
10.2. In order to use the right to avoidance of contract, it is required that SELLER must be notified in writing within 14 (fourteen) days via registered mail, fax or e-mail and the product has not been used within the framework of the provisions of "Products about which right to avoidance of contract cannot be Used". If this right is used,
a) The invoice of the product delivered to the third party or to the BUYER, (the invoice of the product to be returned) must be sent with the return invoice issued by the institution when it is returned. Order refunds whose invoice was issued in the name of the institutions shall not be completed unless the RETURN INVOICE is not billed.)
b) Return form,
c) Products to be returned must be delivered complete and undamaged with the box, package and standard accessories if any.
d) The SELLER is obliged to return the total amount and the documents which burden the BUYER with debt to the BUYER within a period of 10 days at the latest from the receipt of the notification of avoidance of contract and to receive the goods within 20 days.
e) If there is a decrease in the value of the good or if the return becomes impossible due to a reason caused by the BUYER's defect, the BUYER is liable to compensate the damages of the SELLER at the rate of her/his defect. However, the BUYER shall not be liable for any changes or alterations caused by the proper use of the goods or products within the period of right to avoidance of the contract.
f) In case of lowering the campaign limit amount arranged by the SELLER due to the exercise of the right to avoidance of the contract, the amount of discount used within the scope of the campaign shall be cancelled.
11. PRODUCTS ON WHICH RIGHT TO AVOIDANCE OF CONTRACT NOT TO BE USED
With the request of the BUYER or clearly prepared for personal needs and unsuitable to be returned, underwear lower parts, swimwear and briefs, make-up materials, disposable products, products with danger of rapid deterioration or expiration date, products which are not suitable for return with respect to health and hygiene after delivery of the product to the BUYER and opened by the BUYER, products that are mixed with other products after being delivered and are not able to be separated by nature, goods regarding periodicals such as newspaper and magazine except the ones provided under subscription agreement, instantly executed services in electronic medium or intangible goods delivered to the consumer immediately, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer supplies in case their packaging has been opened by the BUYER, are not possible for return according to the Regulation. In addition, before the expiration of the right to avoidance of the contract, the right to avoidance of contract related to the services initiated with the approval of the consumer is also not possible under the Regulation.
In order for beauty, personal care products, underwear products, swimwear, bikini, book, copiable software and programs, DVD, VCD, CD and cassettes and stationery supplies (toner, cartridges, ribbons, etc.) be returned, their packaging should not be opened and they should not be tested, degenerated and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
In case the BUYER defaults in the case of payment by credit card, the cardholder agrees, declares and undertakes that he / she will pay the interest within the framework of the credit card agreement with the bank and be responsible to the bank. In this case, the Bank may apply for legal remedies and demand expenses arise and solicitor's fee from BUYER and, in any case, If the BUYER is in default due to the debt of the BUYER, BUYER accepts, declares and undertakes that the BUYER shall pay the damage and loss suffered the by SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising out of the present contract shall be made to the arbitration committee for consumer problems or to the consumer court, where the consumer's place of settlement is in or the consumer transaction is made, within the monetary limits specified in the following law. Information on the monetary limit is as follows:
As to be valid from 01/01/2018, for applications submitted to consumer arbitration committees for 2018 the following authorities are competent:
a) In the disputes under 4.570 (four thousand five hundred and seventy) Turkish Lira, District consumer arbitration committees,
b) In the disputes under 4.570 (four thousand five hundred seventy) Turkish Lira, in the provinces which are in metropolis status, provincial consumer arbitration committees,
c) In the disputes under 6.860 (six thousand eight hundred sixty) Turkish Lira, in the center of provinces which are not in metropolis status, provincial consumer arbitration committees,
d) In the disputes between 4.570 (four thousand five hundred seventy) Turkish Lira and 6.860 (six thousand eight hundred sixty) Turkish Lira, in the center of provinces which are not in metropolis status, provincial consumer arbitration committees,
This Contract is for commercial purposes.
When the BUYER makes the payment for the order given on the Site, it shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements in order to obtain confirmation that the contract has been read and accepted by the BUYER on the site prior to the realization of the order.
BUYER, the preliminary information form and invoice included on the payment page at http://www.deristore.com.tr are integral parts of this contract.
SELLER: DERI STORE DERI KONF. VE DERİ YAN ÜRN. SATIŞ VE TİCARET MUSTAFA EKEN