DISTANCE SALES CONTRACT

 

 

 

1. PARTIES

 

 

 

1.1 SELLER INFORMATION

 

 

 

Title: Ormo Yün İplik San. Ve Tic. A.Ş

 

Address: Gölyolu Üzeri, Harmansazı Mevkii 16800 Orhangazi/Bursa

 

Phone: 0 212 482 17 43 - 482 17 44

 

Fax : 0212 481 93 97

 

E-mail: nako@nako.com.tr

 

Tax Number: 642 001 6903

 

Mersis Number: 0642-0016-9030-0012

 

 

 

1.2 BUYER INFORMATION

 

 

 

Name-Surname: {_aliciad_} {_alicisoyad_}

 

Address: {_teslimatadresi_}

 

Phone: {_alicitelefon_}

 

E-mail: {_alicimail_}

 

 

 

1.3 Seller and Buyer together shall be referred to as the Parties.

 

 

 

2. TOPIC

 

 

 

In accordance with the regulations of the Law on Consumer Protection and the Regulation on Distance Contracts regarding the sale, delivery and payment of the sales price of the product (Product), the qualities and sales price of which are specified below, which the Buyer ordered through the Seller's website with the extension www.nako.com.tr, the Parties Determining the rights and obligations of . is the subject of this agreement (Agreement).

 

 

 

3. PRODUCT INFORMATION, PRICE, PAYMENT AND DELIVERY

 

 

 

All basic features of the Product are available on the Seller's website. The model, quantity, price, payment, delivery and invoice information of the Product that is subject to the Buyer's order are listed below, and all this information has been approved by the Buyer. Shipping costs belong to the Buyer.

 

 

Date :{_tarih_}

 

{_urunbilgileri_}

 

Shipping Amount: {_kargo_} 

 

 

PAYMENT INFORMATION

 

 

 

Payment Method: {_odemesekli_}

 

 

{_odemetablosu_}

 

DELIVERY INFORMATION

 

 

 

Name-Surname: {_aliciad_} {_alicisoyad_}

 

Address: {_teslimatadresi_}

 

Phone: {_alicitelefon_}

 

E-mail: {_alicimail_}

 

Delivery Method: {_kargoadi_}

 

Delivery Date: Your order will be delivered within a maximum of 30 days following payment.

 

 

 

BILLING INFORMATION

 

 

 

 

 

Address: {_faturaadresi_}

 

Phone: {_alicitelefon_}

 

E-mail: {_alicimail_}

 

 

 

4. GENERAL PROVISIONS

 

 

 

4.1 The Buyer accepts, declares and undertakes that he has read all the basic features of the Product, sales price, payment and delivery information on the Seller's website, is informed about them and has given the necessary confirmation electronically. The Buyer must make this confirmation before the establishment of the Contract, the title that the Seller must give to the Buyer, Mersis number, contact information, basic features of the Product, sales price including tax, shipping cost, payment and delivery information, conditions for exercising the right of withdrawal, He declares that he accepts that he has obtained accurate and complete information regarding the period and procedure, the contact information to make the withdrawal notification, the products for which he does not have the right to withdraw, the exceptions to the right of withdrawal, and the possibility of applying to the Consumer Court or the Consumer Arbitration Committee in case of dispute.

 

 

 

4.2 The product is delivered to the Buyer or the person and/or organization at the address specified by the Buyer within the period specified in the preliminary information section on the website, depending on the distance of the Buyer's residence, provided that it does not exceed a maximum period of 30 days. If the Product cannot be delivered to the Buyer within this period, the Buyer reserves the right to terminate the Agreement.

 

4.3 If the Buyer is not present at the address at the time of delivery of the Product and the persons at the address do not accept the delivery, the Seller will be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive delivery, it is the Buyer's responsibility to follow the shipment of the Product by contacting the cargo company. If the product is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, any damages arising from the late delivery of the Product by the Buyer and the expenses incurred due to the Product being waited in the cargo company and/or returning the cargo to the Seller belong to the Buyer.

 

 

 

4.4 The Seller accepts, declares and undertakes to deliver the Product completely and in accordance with the qualifications specified in the order, free of any defects, together with warranty documents and user manuals, if any.

 

 

 

4.5 The Buyer is obliged to check the Product upon receipt and, if he sees a problem with the Product caused by the cargo, not to accept the Product and to file a report with the Cargo company official. Otherwise, the Seller will not accept liability.

 

 

 

4.6 The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining his express approval before the expiration of the performance obligation arising from the Contract.

 

 

 

4.7 The Buyer accepts, declares and undertakes that he will confirm the Agreement electronically for the delivery of the Product, and that if the Product price is not paid for any reason and/or is canceled in the bank records, the Seller's obligation to deliver the Product will end.

 

 

 

4.8 The Buyer must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the Seller. If the product price is not paid in full to the Seller, the Seller may unilaterally cancel the Agreement and not deliver the Product. For any reason after product delivery, the transaction

 

4.9 If the Product cannot be delivered within 30 days at the latest due to extraordinary circumstances other than normal sales and delivery conditions, the Seller will inform the Buyer regarding the delivery. In this case, the Buyer can cancel the order, order a similar Product or wait until the end of the emergency situation.

 

 

 

4.10 If it is understood that the Seller cannot supply the Product subject to the Contract, it may supply another good of equal quality and price, provided that it clearly informs the Buyer in accordance with the law within 3 days from the date of learning of this situation and obtains the Buyer's verbal or written approval. and is thus deemed to have fulfilled its commitment regarding the Agreement. In cases where the Buyer does not give such approval, the provisions regarding termination of the Agreement apply.

 

4.11 In order cancellations and contract terminations, including the right of withdrawal regulated in Article 6 of the Contract, if the Product price has been collected, it will be refunded to the Buyer within a maximum of 14 days. The refund is made in accordance with the payment instrument used by the Buyer to pay the Product price to the Seller. For example, in credit card payments, the refund is made by refunding the Buyer's credit card and the Product amount is returned to the relevant bank within a maximum of 14 days after the order is canceled by the Buyer. Since the reflection of this amount to the Buyer's accounts after the refund of this amount to the bank is made by the Seller is entirely related to the bank transaction process, the Buyer accepts that it will not be possible for the Seller to intervene and assume any responsibility for possible delays. The Seller reserves the right to set off, discount and reduce the amount to be refunded, arising from this Agreement and the law. In cases where the Contract is terminated by the Buyer due to the Seller's failure to fulfill its obligations, the Buyer's rights arising from the law are reserved.

 

 

 

5. INVOICE

 

 

 

5.1 The Seller reserves the right to apply procedures in accordance with e-invoice/e-archive legislation regarding invoices.

 

 

 

6. RIGHT OF WITHDRAWAL

 

 

 

6.1. The Buyer has the right to withdraw from the Agreement within 14 days from the date of delivery of the Product to himself or to the person or organization at the address indicated, without giving any justification and without paying any penalty. The shipping cost of the Product returned due to the right of withdrawal is covered by the Seller. By accepting the preliminary information form and the Agreement, the Buyer accepts in advance that he has been informed about the right of withdrawal.

 

 

 

6.2 In order to exercise the right of withdrawal, written notification must be made to the Seller by registered mail, fax or e-mail within 14 days and the Product must not have been used within the framework of the "Products for which the Right of Withdrawal cannot be Exercised" provisions set out in Article 6.6 of the Agreement.

 

 

 

6.3 If the right of withdrawal is exercised within the period, the Product must be sent to the above address of the Seller within 10 days at the latest. If this right is used; The invoice of the Product delivered to a third party or the Buyer, (If the invoice of the Product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of institutions cannot be completed unless the return invoice is issued), The return form must be delivered complete and undamaged, along with the box of the Product to be returned and its standard accessories, if any.

 

 

 

6.4 The Seller is obliged to refund the total price, including delivery costs, to the Buyer within 14 days from the date of receipt of the notice of withdrawal, in accordance with the payment instrument used when purchasing the Product.

 

 

 

6.5 The decrease in the value of the delivered Product or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the Buyer's fault, the Seller accepts and undertakes to compensate the Seller for the value or decrease in the value of the Product. Changes and deteriorations that occur due to the normal use of the product are not considered to be decreased in value.

 

 

 

6.6 Products for which the Right of Withdrawal cannot be exercised: In accordance with the legal regulation, the Buyer does not have the right of withdrawal in the contracts regarding the products listed below:

 

 

 

(a) Contracts for products prepared in line with the Buyer's wishes or expressly his personal needs

 

(b) Contracts for products that are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire.

 

(c) Contracts regarding products whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene.

 

(d) Contracts for products that are mixed with other products after delivery and cannot be separated due to their nature.

 

(e) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement

 

(f) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and leisure time for entertainment or recreation purposes, which must be made on a certain date or period.

 

(g) Contracts regarding services performed instantly in electronic environment or intangible products delivered instantly to the Buyer

 

(h) Contracts regarding services whose performance started with the approval of the Buyer before the right of withdrawal expires.

 

(i) Other goods and services generally accepted outside the scope of distance sales in accordance with the relevant legislation and cases where the Buyer purchases for commercial purposes

 

 

 

6.7 The Product to be returned must be undamaged, not lose its resellability, and unused.

 

 

 

6.8 In cases where the right of withdrawal is possible, the Buyer is responsible for any changes or deteriorations that occur if the Buyer does not use the Product in accordance with its operation, technical specifications and usage instructions within the withdrawal period. The Buyer accepts and declares that he cannot exercise his right of withdrawal in cases where there is a change or deterioration in the Product due to not using the Product in accordance with the usage instructions, technical specifications and operation within the period until the withdrawal date.

 

 

 

6.9 In cases where the legal period stipulated for the right of withdrawal has passed or it is not possible for the Buyer to exercise the right of withdrawal within the framework of legal regulations, if the Buyer wishes to return or replace the Product for any reason not resulting from the fault of the Seller, the Seller has the exclusive discretion to accept it. The Buyer accepts and declares that he/she will be solely responsible for the costs arising from the return and exchange of the Product.

 

 

 

 

7. PRIVACY AND PERSONAL INFORMATION

 

 

 

7.1 Necessary precautions for the security of the information and transactions entered by the Buyer on the Seller's website have been taken within the system infrastructure of the Seller, within today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered through the Buyer's device, the Buyer is responsible for protecting it and taking the necessary precautions against viruses and similar harmful applications.

 

 

 

7.2 The Seller may send electronic messages for informational, announcement and promotional purposes to the Buyer's electronic contact addresses such as e-mail addresses and telephone numbers, in order to contact and inform the Buyer about its products and services. With this Agreement, the Buyer consents to the sending of commercial electronic messages by the Seller in this context. The buyer consents and allows the use, sharing and processing of his personal data within the scope above, in accordance with the legislation on the protection of personal data and electronic commerce legislation. The Buyer may stop data use, processing and/or communications at any time by contacting the Seller through the specified communication channels.

 

 

 

7.3 The Seller will not forward the Buyer's electronic communication addresses to third parties or use them for other purposes without written consent.

 

 

 

8. COMPETENT COURT

 

 

 

8.1 In disputes arising from the contract, Provincial and District Consumer Arbitration Committees are responsible within the monetary limits determined and announced annually by the Ministry of Customs and Trade in accordance with the law, and in cases exceeding these limits, Consumer Courts are responsible. In this context, the Buyer may apply to the Arbitration Committees and Consumer Courts in his or the Seller's place of residence, if he wishes.

 

 

 

9. ENFORCEMENT

 

 

 

9.1 The Buyer acknowledges that he/she has read all the conditions and explanations written in the Contract and the preliminary information form, which forms an integral part, all the basic characteristics of the Product subject to sale, the sales price, information regarding payment and delivery, all other preliminary information regarding the Seller and the Product and the right of withdrawal. He accepts and declares that he has prior knowledge of all matters including, that he has seen them all electronically on the Seller's website, and that he has accepted the provisions of the Agreement by ordering the Product by confirming-approving-accepting-permission to all of these electronically.

 

 

 

9.2 This contract was concluded electronically on 00.00.2020, and a copy was sent in electronic format to the Buyer's e-mail address specified above.

 

 

 

SELLER:Ormo Yün İplik San. And Trade. Inc.

RECEIVER: {_aliciad_} {_alicisoyad_}

DATE: {_tarih_}