DISTANCE SALES CONTRACT
1. PARTIES
This Distance Sales Agreement ("Agreement") has been signed electronically between the Seller and the Buyer whose information is given below. The Parties accept, declare and undertake that they have read this Agreement in its entirety, fully understood its content and approved all its provisions.
SALES PERSON:
Seller's Title: FLAINER GLOBAL TEKSTİL TİC. AND SEC. LMT. ŞTİ.
Seller's Full Address: Mehmetpaşa mah. 14/4 sec. Laciner apt. floor:3 no:7 CENTER/SİVAS
Seller Mersis Number: 0388173897500001
Seller's Email Address: [email protected]
BUYER:
Buyer's Name/Surname:
Buyer's Address:
Buyer's Phone:
Recipient's E-Mail Address:
2. ESTABLISHMENT OF THE CONVENTION
• THE BUYER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
• THE PARTIES AGREE THAT THERE IS NO PROPORTION BETWEEN THE ACTIONS DECIDED BY THE CONTRACT AND THAT THE MUTUAL ACTIONS ARE APPROPRIATE WITH THE NATURE OF THE WORK, AND THEY HAVE NO EXPERIENCE WITHIN THE SCOPE OF THE TRANSACTIONS SUBJECT TO THE CONTRACT.
• THE BUYER AGREES THAT HE HAS HAD A COMPLETE CONVICTION THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE CONTRACT ARE IN HIS BENEFIT AND THAT HE WILL COMPLY WITH ALL TERMS OF HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR TROUBLE, THINKING, WILLINGLY AND KNOWINGLY.
• THE PARTIES AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A FEATURE THAT MAY BE DEEMED UNFAIR, AND THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.
• THE TERMS OF THIS CONTRACT DO NOT CONTAIN ANY UNFAIR CONDITIONS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR CONDITIONS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE THE RULE OF HONESTY AND GOODNESS AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON CONSUMER PROTECTION.
• THE PROVISIONS OF THIS CONTRACT HAVE BEEN PREPARED TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH OBLIGATIONS LAW. THE BINDING AND CONTENT AUDIT PROVIDED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN MADE BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN (SURPRISING CONDITIONS) TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTICS OF THE WORK. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS.
3. SUBJECT AND SCOPE OF THE CONVENTION
The subject of this Agreement is the Consumer Protection Law No. 6502 regarding the sale and delivery of the product whose qualities and sales price are specified below, which the Buyer ordered electronically through the Seller's website www.flainer.com domain ("Site"). It is the determination of the rights and obligations of the parties in accordance with the Law and the Distance Contracts Regulation.
4. BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT
The basic characteristics of the product subject to this Agreement, sales price, delivery and payment conditions are as follows:
Product Code and Name Quantity Unit Price (VAT included) Shipping Fee Discount / Coupon Total Price (VAT included)
[…] […] […] […] […] […]
PAYMENT AND DELIVERY TERMS
Total product price excluding shipping:
Shipping cost:
Total product price including shipping and all taxes:
Payment method:
Number of Installments:
Maturity Difference Received:
Interest rate used in maturity difference calculation:
Additional costs to be paid by the Buyer:
Delivery address:
To whom it will be delivered:
The total product price stated above is FLAINER GLOBAL TEKSTİL TİC. AND SEC. LMT. ŞTİ. is collected from the Buyer by.
5. DELIVERY
The product(s) subject to the contract shall be delivered to the Buyer or the person/organization at the address indicated within this 30 (thirty) day period, depending on the distance of the Buyer's delivery address for each product, provided that it does not exceed the legal period of 30 (thirty) days following the delivery of the order to the Seller. is delivered.
In order to avoid any doubt, for the delivery of the product(s) subject to this Agreement, this Agreement and the Preliminary Information Form must be confirmed electronically by the Buyer and the price of the product(s) must be fully and completely paid by the payment method preferred by the Buyer. It must be paid. If the price of the product is not paid for any reason, is paid incompletely or the payment is canceled in the bank records, the Seller is deemed to be free from the obligation to deliver the product.
In cases where it becomes impossible to fulfill the goods or services subject to the order, the Seller shall notify the Buyer in writing or through the permanent data provider within 3 (three) days from the date of learning of this situation and shall make all payments collected, including delivery costs, if any, as of the date of notification. returns it to the Buyer within 14 (fourteen) days at the latest.
6. BUYER'S REPRESENTATIONS AND COMMITMENTS
The Buyer acknowledges that he/she has read the preliminary information uploaded by the Seller regarding the basic characteristics of the contractual goods or services on the Site, the sales price and payment method, and the delivery and cargo cost, has given the necessary confirmation electronically, and accepted the PAYMENT OBLIGATION upon confirming the order on the Site. He accepts, declares and undertakes that he is aware that he is under this obligation.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer shall obtain the address, basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the conclusion of distance contracts. It also confirms that it has been acquired correctly and completely.
After the delivery of the goods or services, if the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer will receive the goods, provided that the goods have been delivered to him. or is obliged to return the service to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer. If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
7. SELLER'S REPRESENTATIONS AND COMMITMENTS
The Seller is responsible for delivering the goods or services subject to the contract to the Buyer in a sound, complete manner, in accordance with the consumer legislation, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
The Seller may supply a different product of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Contract, provided that it is based on a justified reason, informs the Buyer and obtains its express approval.
8. BUYER'S RIGHT OF WITHDRAWAL
The Buyer may exercise the right of withdrawal within 14 (fourteen) days from the date on which the Buyer or the third party designated by the Buyer receives the goods in contracts regarding the delivery of goods, without assuming any legal or criminal liability and without giving any justification, and within 14 (fourteen) days from the day the contract is established in contracts related to the performance of services. . The buyer may also exercise his right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
The Buyer may exercise his right of withdrawal by filling out the withdrawal form delivered to him with the order or by sending it to the Seller with a clear statement stating his decision to withdraw. The form or express declaration of withdrawal must be sent to the Seller in writing or via the permanent data provider before the right of withdrawal expires. The contact information of the Seller to whom the withdrawal notification can be made is as follows:
Open Address: Mehmetpaşa mah. 14/4 sec. Laciner apt. floor:3 no:7 CENTER/SİVAS
Email: [email protected]
The Seller shall pay all payments made by the Buyer to the Seller regarding the relevant goods or services, including the delivery costs of the goods to the Buyer, if any, within 14 (fourteen) days from the date of receipt of the notification that the Buyer has exercised his right of withdrawal. It will be refunded to the Buyer at once, in accordance with the payment instrument used and without incurring any costs or obligations to the consumer.
If the Buyer exercises its right of withdrawal, the cargo company that will return the product specified by the Seller is UPS. If the right of withdrawal is exercised and the goods are sent back via the cargo company specified herein, the Buyer will not be held responsible for the expenses related to the return. If the Buyer sends the goods to be returned by a cargo company other than the Seller's contracted cargo company specified in this Agreement, the Seller is not responsible for the return shipping costs and any damage that the goods may suffer during the shipping process.
The Buyer must return the goods to the Seller within 10 (ten) days from the date of notification that he/she has exercised his/her right of withdrawal. Along with the goods subject to return, the invoice, box, packaging, standard accessories, if any, and other products given as a gift due to the purchase of the goods in question must be returned to the Seller completely and undamaged. The buyer must use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, otherwise he will be responsible for any changes or deteriorations that occur in the goods.
9. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The Buyer accepts, declares and undertakes that he/she is aware that he cannot exercise his right of withdrawal in the following cases:
1. Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
2. Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
3. Contracts for the delivery of goods that can quickly deteriorate or expire.
4. Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
5. Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
6. Contracts regarding books, digital content and computer consumables offered in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
7. Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
8. Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and utilization of free time for entertainment or recreation purposes, which must be made on a certain date or period.
9. Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
10. Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.
10. SELLER'S RESOLUTION METHOD FOR COMPLAINTS
The Buyer may directly convey his/her complaints regarding the purchased goods and/or services to the Seller (using the Seller's contact addresses specified under the Parties heading above). If the complaint is forwarded, the Seller will provide all possible support to resolve the problem.
11. DEFAULT AND LEGAL CONSEQUENCES
If the Buyer goes into default in the transactions made by credit card, the card holder will be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may take legal action and request the expenses and attorney fees incurred from the Buyer. In case of default by the Buyer under any circumstances, the Buyer will be responsible for any damage or loss suffered by the Seller.
12. INTELLECTUAL PROPERTY
The Buyer shall use the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradient and solid color tones and all kinds of graphic designs, illustrations, drawings, designs and works used in the designs of the products produced by the Seller. The Seller accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the items used in the design and all products offered for sale on the Site belong to the Seller.
Regarding all kinds of information and content on the site and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the Seller's agreement; All intellectual-industrial rights and property rights belong to the Seller. All or part of the product(s) purchased by the Buyer and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subject to derivative works, transferred or sold. The Buyer hereby accepts and undertakes that he will not use the product he purchased for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, and the Seller reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use, against all claims and demands that may be made against the Seller by third parties or competent authorities.
13. DISPUTE RESOLUTION
In case of disputes regarding the contract, applications regarding the dispute can be made to the Consumer Problems Arbitration Committees in the place where the Buyer purchased the product or where he resides, up to the value declared by the Ministry of Customs and Trade every year, and to the Consumer Courts for disputes above the said value.
14. ENFORCEMENT
This Agreement was concluded and entered into force on […] by being approved electronically by the Buyer. Transactions made through the site are considered as binding declarations of intent on the parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.
The text of this Agreement will be sent via e-mail to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for 3 (three) years. The Buyer may request access to a copy of this Agreement from the Seller at any time by sending a request to the [email protected] e-mail address.
SALES PERSON
FLAINER GLOBAL TEKSTİL TİC. AND SEC. LMT. ŞTİ.
BUYER
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