Distant Sales Agreement
Distant Sales Agreement
Ayra Construction And Jewelry Co, Ltd. Tic. Ltd. Şti.
Article 1) The Parties
Seller: Ayra Construction and Jewelry Co., Ltd. Tic. Ltd. Sti
Phone: (+90) 258 999 14 78
Address: Saraylar Mah. Saraykoy Cad. No:2/41 (Bayramyeri Municipal Business Center, Sarraflar Bazaar) Merkezefendi / DENIZLI/TURKEY
Tax No: 123 049 6325
Tax Office: Gökpınar V.D.
Article 2) Subject matter
This agreement, the ‘site’, the following attributes to specified products from the internet site and the selling price, the seller who is the owner of this website with the consumer are ordering between different mutual rights and obligations with the Law No. 4822 No. 4077 on consumer protection law for distance contracts and the application procedures in accordance with the provisions of regulation which is regulated.
Article 3) Product and Order Information
Quantity and grams of the product:
The price of the product, including VAT:
Delivery transportation price:
Article 4) Invoice and Delivery Information
The Title on the Invoice:
The Person Who it Will Be Delivered To:
Article 5) GENERAL PROVISIONS
5.1. The BUYER agrees, declares and undertakes that he/she has read the basic characteristics of the product subject to the contract, the sales price and payment method, as well as preliminary information about delivery on the SELLER’s website, has information, and has given the necessary confirmation electronically. The addressee’s; Preliminary information electronically to verify before the establishment of the distance sales contract by the seller, the buyer’ or the address on the order of the products required for the basic features of the product price including taxes, payment and delivery information that is acquired is accepted as correct and complete.
5.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
5.3. The seller must complete the product subject to the contract, the appropriate qualifications in order, and, if available, warranty documents, user manuals to deliver the information and documents that are fundamental to business, in accordance with the requirements of the legislative law, within the principles of honesty and accuracy in compliance with the standards to perform and supply the execution of the works and keeping the quality of service necessary using care and attention and to act with prudence and foresight.
5.4. 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 contractual performance obligation.
5.5. if the vendor fails to fulfill the contractual obligations, this situation will be notified to the consumer in writing within 3 days from the date of knowledge, within a period of 14 days, we will refund the total cost to the buyer.
5.6. The BUYER accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that if the product subject to the contract is not paid for any reason and /or cancelled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will end.
5.7. If the BUYER does not pay the price of the product subject to the contract to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER’s credit card after delivery of the product subject to the Contract to the person and/ or organization at the address indicated by the BUYER, the BUYER agrees, declares and undertakes to return the product subject to the Contract to the SELLER within 3 days with the cost of transportation belonging to the SELLER.
5.8. for any reason beyond the control of the seller, unforeseeable circumstances and/or cases of force majeure, such as retardant due to the formation of the product subject to the contract if it is not delivered within the period agreed, declares and undertakes. The BUYER also has the right to request the SELLER to cancel the order, replace the product subject to the contract with a precedent, if any, and/ or postpone the delivery time until the elimination of the unforeseen circumstance. In case of cancellation of the order by the BUYER, the amount of the product is paid to him in cash and repeatedly within 14 days for payments made by the BUYER in cash. If the BUYER makes payments by credit card, the amount of the product will be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. Buyer, seller, the amount to be refunded by credit card the buyer’s account by the bank for the process to be reflected in average 2 to 3 weeks you might find this amount in the bank after the return of the recipients since the responsibility is related to the accounts bank to process the transaction, the buyer undertakes to accept that you can’t hold the seller responsible for possible delays.
5.9. The SELLER has the right to contact the BUYER by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and other purposes via the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form on the site or updated by him later. By accepting this agreement, the BUYER accepts and declares that the SELLER can engage in the above-mentioned communication activities for him.
5.10. The BUYER will inspect the goods/services subject to the contract before receiving them; damage, brakages, or torn packaging, etc. and will not take delivery of damaged or defective goods/services from the cargo company. The BUYER is responsible for the careful protection of the goods/services after delivery. Goods/services should not be used if the right of withdrawal is to be exercised. The invoice must be returned.
5.11. If the Buyer and credit card holder is not the same person, before the submission of the product/order in relation to the credit card for protection of the seller and the card holder the credit card holder’s identity and contact information and a previous month’s statement from the bank may be requeste. The order may be frozen until the BUYER provides the information /documents subject to request, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order
5.12. The BUYER declares and undertakes that personal and other information provided by the SELLER when registering on the website is in accordance with the truth, that the SELLER will immediately, in cash compensate all damages that are incured due to the untruth of this information, upon the SELLER’s first notification.
5.13. The BUYER agrees and undertakes from the very beginning to comply with the provisions of legal legislation and not to violate them when using the SELLER’s website. Otherwise, all civil and criminal obligations that will arise will be fully and exclusively attributed by the BUYER.
5.14. The BUYER may not use the SELLER’s website in any way in a way that violates public order, violates general morality, offends or harasses others, violates the material and moral rights of others for a purpose contrary to the law. In addition, the member may not prevent others from using the services (spam, virus, trojan horse, etc).
5.15. Links to other websites and/or other content owned and/or operated by third parties that are not under the control of the SELLER and/or otherwise may be provided through the SELLER’s website. These links have been placed to provide ease of redirection to the RECIPIENT and do not support any website or the persons operating that site and do not constitute any warranty for the information contained in the linked website.
5.16. A member who violates one or more of the articles listed in this agreement is personally and criminally liable for this violation and will keep the SELLER free of the civil and criminal consequences of these violations. In addition, if the incident is transferred to a legal field due to this violation, the SELLER reserves the right to file a claim for compensation against the member for non-compliance with the membership agreement.
Article 6) RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise his right to withdraw from the contract by refusing the goods without any civil and criminal liability and without any justification, provided that he informs the SELLER within 24 hours from the date of delivery of the product to him or the person/organization at the address indicated, if the distance contract relates to the sale of the goods. As for distance contracts for the provision of services, this period begins from the date of signing the contract. Before the expiration of the right of withdrawal period, the right of withdrawal may not be used in service contracts that have been initiated with the approval of the consumer to perform the service. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER agrees in advance that he has been informed of the right to withdraw.
10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax or email within 24 hours and that the product has not been used within the framework of the provisions of the “Products that Cannot be Used for the Right of Withdrawal” set out in this agreement. If this right is exercised,
- a) The invoice of the product delivered to the person 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. Order refunds, the invoice of which is issued on behalf of the institutions, will not be completed unless the INVOICE for the REFUND is canceled.)
- b)Return form,
- c) The products to be returned must be delivered in a complete and undamaged condition with a box, packaging, and standard accessories, if any.
- d) The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER within 10 days at the latest from the date of receipt of the withdrawal notification to the BUYER and to return the goods within 20 days.
- e) If there is a decrease in the value of the goods for some reason caused by the BUYER’s defect or if a refund becomes impossible, the BUYER is obliged to compensate the SELLER’s damages at the rate of defect. However, the BUYER is not responsible for changes and disruptions caused by the proper use of the product or product during the right of withdrawal period.
- f) If the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
Article 7) PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Or according to buyer’s request needs to be sent back to be generated and available in clearly personal, underwear, swimsuits, bikini bottoms, makeup, disposable products, which are likely to pass or goods are in danger of fast degradation is delivered to buyer after the expiration date, to be returned if the packaging is opened by the client in terms of Health and hygiene products that are not appropriate, delivery involved with other products that cannot be distinguished by the subscription agreement, except as provided under, periodicals such as newspapers and magazines for goods, or services performed instantly in electronic environment intangible goods that are delivered to the consumer with video or audio records, books, digital content, software programs, and data storage devices to store data, computer consumables, packaging that has been opened by the purchaser, if a refund according to the regulation, it is not possible. In addition, before the expiration of the right of withdrawal period, it is not possible to exercise the right of withdrawal with respect to the services that have been started with the approval of the consumer by the requirement of the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copy able software and programs, DVDs, VCDs, CDs and cassettes, as well as stationery consumables (toner, cartridges, ribbons, etc.) in order to be returned, their packaging must be unopened, untested, intact and unused.
Article 8) DEFAULT STATUS AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if he defaults on his payment transactions with a credit card, he will pay interest and be liable to the bank in accordance with the credit card agreement between account cardholder and the bank. In this case, the relevant bank may apply for legal remedies; it may charge the BUYER for the costs that will arise, and in case of default on the BUYER’s debt under any circumstances, the BUYER agrees, declares and undertakes that he will pay the damages and losses suffered by the SELLER due to the delayed performance of the debt
Article 9) COMPETENT COURT
In disputes arising out of this agreement, complaints and objections will be filed with the arbitration committee for consumer issues or the consumer court at the location of the consumer’s settlement or the place where the consumer transaction was made within the monetary limits specified in the following law. The following is the information on the monetary limit:
effective as of 05/28/2014:
- a) Article 68 of the Law No. 6502 on Consumer Protection. In accordance with the article, in disputes with a value below 2,000.00 (two thousand) TL, the district consumer arbitration committees,
- b) In disputes with a value of less than 3,000.00 (three thousand) TL, the provincial consumer arbitration committees,
- c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes between the value of 2,000 (two thousand) TL and 3,000.00 (three thousand)TL.
This Agreement is made for commercial purposes.
Article 10) EFFECTIVE DATE
The BUYER is deemed to have accepted all the terms of this agreement when he makes the payment for the order he placed through the Site. The SELLER is obliged to make the necessary software adjustments in such a way as to receive confirmation that this agreement has been read and accepted by the BUYER on the site prior to the fulfillment of the order.
Ayra Construction And Jewelry Co., Ltd. Tic. Ltd. Şti.