DISTANCE SALES CONTRACT
1. PARTIES:
SELLER HorozArt
Name-Surname:
Address: Fatih Mah. Istanbul Park Boulevard No:67 Interior door no:1 Tuzla Istanbul
Phone: +90 212
Email:
BUYER (CONSUMER)
Name/Surname/Title:
Address:
Telephone:
Email:
2. SUBJECT OF THE CONTRACT:
2.1. This contract has been drawn up in accordance with the provisions of the Law on Consumer Protection No. 6502, which entered into force upon publication in the Official Gazette dated 28 November 2013 and numbered 28835, and the Distance Contracts Regulation, which entered into force upon publication in the Official Gazette dated 27 November 2014 and numbered 29188.
2.2. The parties to this contract hereby accept and declare that they are aware of and understand their obligations and responsibilities arising from the Consumer Protection Law and the Distance Contracts Regulation.
3. PRODUCT QUALITY AND SALE CONDITIONS:
Product Name:
Type/Species:
Number of items:
Unit Sales Price (VAT Included):
Lead Time:
Delivery Address:
Person to be Delivered:
Billing Address:
Shipping Fee:
Total Order Amount (VAT Included):
Payment Method:
4. GENERAL PROVISIONS:
4.1. The parties to this contract are the BUYER and the SELLER, and all obligations and responsibilities regarding the fulfillment of this contract belong to the parties. This contract enters into force on the date it is electronically approved by the BUYER.
4.2. BUYER accepts, declares and undertakes that he/she has read and understood all the information regarding the features and sales conditions of the contractual product specified in Article 3 and that he/she has given the necessary approval to purchase this product electronically.
4.3. SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order and together with warranty documents and user manuals, if any.
4.4. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
4.5. Delivery will be made to the BUYER's delivery address specified in Article 3 via the cargo company. The product will be delivered to the delivery address specified by the BUYER in the contract within 7-10 days. Even if the BUYER is not at the address at the time of delivery by cargo, the SELLER will be deemed to have fulfilled its obligation fully and completely.
4.6. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.7. Expenses and other damages arising from the BUYER receiving the product late in the situation in 4.6 or the product waiting at the cargo company and/or the cargo being returned to the SELLER shall also be the responsibility of the BUYER.
4.8. Except for the cases where the shipping fee is shown as free on the product introduction page on the site and accordingly it is "0.00 TL" in this contract; the shipping fee is added to the total amount of the order and paid by the BUYER. The shipping fee is not included in the product price. In accordance with the Distance Contracts Regulation, if shipping, transportation and delivery and similar additional costs cannot be calculated in advance, the BUYER may be liable to pay these additional costs.
4.9. If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the BUYER is obliged to send the product to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
4.10. The BUYER acknowledges that he/she is aware that he/she must also confirm the relevant interest rates and default interest information from his/her bank, since the forward sales are made only with bank credit cards.
4.11. BUYER accepts, declares and undertakes that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and BUYER in accordance with the provisions of the legislation in force.
4.12. In cases where the BUYER exercises his/her right of withdrawal or the product in question cannot be supplied for various reasons or the Consumer Arbitration Committee decides to refund the amount to the Consumer, if the purchase was made by credit card and in installments; the procedure for refunding the credit card is stated below:
4.12.1. The BUYER's bank also makes the refund to the consumer in the same number of installments in the number of installments in which he/she purchased the product. After the SELLER pays the bank the entire product price in one go; in the event that the installment expenses made from the bank POS are refunded to the BUYER's credit card, the requested refund amounts will again be transferred to the holder accounts in installments by the bank in order to prevent the parties involved in the matter from being victimized.
4.12.2. In case of return of goods and services purchased with the card, the SELLER cannot make cash payment to the BUYER as required by a separate agreement made with the bank. Since the SELLER is obliged to pay the relevant amount to the bank in cash or on account in case of a return, it will not make cash payment to the BUYER as per the procedure. In case of returns to a credit card: The bank will make the return to the card after the SELLER pays the amount to the bank in a single payment.
4.13. In order for the return procedures to be carried out in accordance with the general circular of Tax Procedure Law No. 385, the relevant return sections on the invoice must be filled in completely and signed and returned to the SELLER together with the product. The BUYER declares, accepts and undertakes that he/she accepts all these procedures.
5. RIGHT OF WITHDRAWAL:
5.1. The BUYER has the right to reject the product and withdraw from the contract within fourteen days from the date of receipt of the product, without assuming any legal or criminal liability and without giving any reason. The product price will be refunded to the BUYER within 10 (ten) days from the date the consumer's notice of withdrawal reaches the seller. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.
5.2. The SELLER undertakes that the consumer has the right to withdraw from the contract by rejecting the product or service within fourteen days from the date of receipt of the product or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and to take back the product as of the date the withdrawal notice reaches the seller or provider. The withdrawal notice will be made to the BUYER's communication channels specified in this Contract.
5.3. In accordance with the Distance Contracts Regulation, the right of withdrawal cannot be exercised and a refund cannot be requested in the situations specified below.
i) Goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller/provider,
ii) Products prepared in line with the special requests or personal needs of the buyer (including those that are customized to the person/personal needs by making changes or additions, works printed upon request (e.g. digital work prints, photographs), framed based on the buyer's request, and special products imported/procured from within the country or abroad based on the buyer's order)
iii) Products that are mixed with other products after delivery and cannot be separated due to their nature,
iv) All kinds of products with digital content such as books, photographs, CDs, DVDs, audio and video recordings and computer consumables whose protective elements such as packaging, tape, seals and packages have been opened after the delivery of the product,
v) All services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer,
vi) Services that begin to be performed with the buyer's approval before the expiration of the right of withdrawal period,
vii) In cases where the buyer purchases other goods and services that are generally considered outside the scope of distance selling in accordance with the relevant legislation, and for commercial/professional purposes,
viii) For product orders with a delivery address outside the borders of the Republic of Turkey, for the avoidance of doubt, in case of even the slightest deterioration, staining or damage to the works of art, the BUYER will be responsible for the damage caused to the work and will not be able to exercise the right of withdrawal.
5.5. The BUYER cannot exercise his/her right of withdrawal for services performed instantly in electronic environment in the form of online gift coupons/codes etc. and for intangible goods delivered to him/her instantly.
6. DEFAULT PROVISIONS:
Failure of the parties to fulfill their obligations arising from this contract.
In this case, the provisions of the Code of Obligations regarding the Debtor's Default will be applied.
In cases of default, any party may not perform its obligations within the time limit without a justified reason.
In case of failure to perform the obligation without prior notice, the other party shall perform the obligation in question.
The party that has not fulfilled its obligation will be given a period of 7 days to bring the
If the obligation is not fulfilled within the specified period, the party that has not fulfilled its obligation
by requesting the performance of the obligation, the delivery of the product and/or the termination of the contract, and
will have the right to demand a refund of the price.
7. FORCE MAJEURE:
7.1. Circumstances that do not exist and are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered as force majeure (natural disaster, war, terrorism, riot, legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.).
7.2. The party in whose person the force majeure occurs shall immediately notify the other party in writing of the situation. No liability shall arise for the parties' failure to fulfill their obligations during the continuation of the force majeure. If this force majeure continues for 10 (ten) days, each party shall have the right to terminate unilaterally.
8. PRIVACY POLICY
The Buyer declares that he/she has read the horozart.com Privacy Policy and Disclosure Obligation.
9. COMPETENT COURT:
9.1. In the implementation of this contract and in any disputes that may arise; the Consumer Problems Arbitration Committees at the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Customs and Trade each year, and the Consumer Courts are authorized for disputes above the said value.
9.2. This agreement has been read, accepted and confirmed by the parties electronically. The provisions of the Consumer Protection Law No. 6502 and other relevant legislation shall apply to matters not regulated in this agreement.
This contract was drawn up on the date hereof.
SALES PERSON
Name-Surname: HorozArt(Will be Open Company Title)
Address: Fatih Mah. Istanbul Park Boulevard No:67 Interior door no:1 Tuzla Istanbul
Phone: +90 212
Email:
BUYER
Name/Surname: