Preliminary Informing Form

Preliminary Informing Form

1. SUBJECT

The subject of this Sales Contract Preliminary Informing Form includes rights and obligations of the parties in pursuant to provisions of the Law on the Protection of Consumers No. 6502 and Distant Sales Regulation (OG: 27.11.2014/29188) related to the sale and delivery of the product / products which is/are sold to ORDERING PARTY/BUYER by the SELLER and whose qualifications and the sales price is specified below. By accepting this preliminary information form, the BUYER accepts in advance that if she / he confirms the order, she / he shall be under the obligation to pay the additional price mentioned such as price in the order, if any, shipping charge and tax and that she / he has been informed in this matter.

2. 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

E-MAIL: info@deristore.com.tr

TEL: 0850 305 19 13

FAX: 0850 305 19 13

3. BUYER INFORMATION (Hereafter referred to as BUYER)

Person to be Delivered:
Delivery address:
Telephone:
Fax:
Email / Username:

4. ORDERING PARTY INFORMATION (hereinafter referred to as ORDERING PARTY)

Name, Surname / Title:
Address:
Telephone:
Fax:
Email / Username:

5. CONTRACTUAL PRODUCT / PRODUCTS INFORMATION

5.1 Basic features (type, quantity, brand / model, color, number) of good / product / products / service are on the website of the SELLER. You can review the basic features of the product during the campaign.  Valid until the campaign date.

5.2 The prices listed and declared 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.

5.3 The sale price of the goods or services subject to the contract, including all taxes, is shown in the table below.

Payment Method and Schedule:

Delivery Address

Person to Be Delivered:

Billing address

Order Date

Delivery Date:

Delivery Method

The shipping cost will be paid by the BUYER.

6. GENERAL PROVISIONS

6.1. The BUYER accepts, declares and undertakes that he / she reads the preliminary information about the basic features, sales price and payment method and delivery of the product subject to the contract on the internet site of the SELLER and gives the necessary confirmation in 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.

6.2. Each product subject to the contract shall be delivered to the person and / or organization at the address indicated by the BUYER or 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. 

6.3.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.

6.4. 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.

6.5. 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.

6. 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.

6.7. 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 finance institution due to unauthorized use of the credit card of the BUYER.

6.8. 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.

7. INVOICE INFORMATION

Name/ Surname / Title

Address
Telephone
Fax
 Email / username
 Invoice delivery: Invoice shall be delivered during the order delivery to the invoice address

8. RIGHT TO AVOIDANCE OF THE CONTRACT

8.1 BUYER may avoid of the contract by rejecting the good within 14 (fourteen) days from the date of delivery of the product at its address or the address of person/organization indicated by it, provided that it notified the SELLER via the following contact information, without undertaking any legal or criminal liability and without stating any reason. 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.
 Fees arising from the use of the right to avoidance of contract rest on the SELLER. BUYER, by accepting this contract, accepts to have been informed on the right to avoidance of the contract.

8.2. In order to use the right to avoidance of contract, it is required that a written notification is made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days period and that the product has not been used in accordance with the provisions of the "Products about which right to avoidance of contract cannot be used" in this contract. If this right is used,

8.2.1 The invoice of the product delivered to the third person or the BUYER (if the invoice of the product to be returned is corporate) shall be returned with the return invoice prepared by the institution while returning. Order refunds whose invoice was issued in the name of the institutions shall not be completed unless the RETURN INVOICE is not billed.)

8.2.2. Return form,

8.2.3. The return form must be delivered with the complete and undamaged box, packaging and standard accessories, if any, of the products to be returned.

8.2.4. SELLER is obligated to return the total sum and the documents indebting the BUYER to the BUYER in maximum 10 days and to receive the returned product in 20 days after the receipt of notice of withdrawal.

8.2.5. If the value of the product is decreased due to a fault of the BUYER or the return becomes impossible, the BUYER is obligated to indemnify the SELLER's losses proportionate to his/her fault. However, the BUYER shall not be liable for any changes or alterations caused by the proper use of the product or product within the period of cancellation.

8.2.6. If with the use of withdrawal right causes to be slipped below the campaign limit sum prepared by the SELLER, the discount amount under the campaign is cancelled.

9. PRODUCT THAT RIGHT TO AVOIDANCE OF CONTRACT CANNOT BE USED

9.1. a) Contracts relating to goods or services whose price varies depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier.

b) Contracts relating to goods prepared in accordance with consumer's wishes or personal needs.

c) Contracts relating to the delivery of the products that may be spoiled quickly or date of expiration of which may pass.

ç) From the goods whose protective components such as packaging, tape, seal, package have been opened; contracts that are not suitable for the delivery in terms of health and hygiene.

d) Contracts relating to the products that are mixed with other products and which is not possible to be differentiated after delivery in nature.

e) Contracts that are relating to hard copy books, digital content and computer supplies, data recording and data storage devices provided in a material form whose protective items such as packaging, tape, seal and package have been opened after delivery.

f) Contracts relating to the delivery of periodicals such as newspaper and magazine other than the ones provided under subscription contract.

g) Contracts relating to free time activities such as accommodation, moving objects, car rental, the supply of food-drinks and amusement or relaxing that needs to be done at a certain date or period.

h) Contracts relating to non-material products immediately delivered to the consumer or services immediately performed in an electronic medium.

i) Contract relating to the services commenced to be performed with the confirmation of the consumer before the period of right to avoidance of the contract.

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.

9.2. The BUYER may apply to the arbitration committee for consumer problems or to the consumer court for complaints and appeals within the monetary limits specified in the following law where the consumer's place of settlement is in or the consumer transaction is made.  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 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,

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.