Distance Selling Contract
1) Parties
SELLER
Özkurt E Tic. Ltd. Şti.
Address: Yahya Kemal Mah Talatpasa Cd 40A Kagithane/İST
Tel: +90 (532) 059 53 31
Email: info@businessboutiquetr.com
Web site
www.businessboutiquetr.com
RECEIVER
Receiver:
Address:
E-mail:
History:
2) Subject:
The subject of this contract, the BUYER ordered electronically from the website www.businessboutiquetr.com of the SELLER, having the qualifications mentioned in the contract, the content and the sales price of the products specified in Article 3 of the contract, as amended by Law No. 4822. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of Application of Distance Contracts.
3) Product Features
Brand / Model:
Piece:
Total Payment:
Shipping fee:
Payment Method and Plan:
Delivery of the Product, Place of Performance and Delivery Method of the Contract:
The product will be delivered to the person named [FullName] by the courier company official at the address [ShippingAddress] that the BUYER has requested delivery.
4) Delivery Costs and Execution
Delivery costs belong to the BUYER. If the SELLER declares on the website that the delivery fee of those who shop above the announced amount will be covered by him, the delivery cost belongs to the SELLER. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its action completely and completely. For this reason, any damages caused by the BUYER’s late delivery of the product and the expenses incurred due to the fact that the product has been waiting in the cargo company and / or the cargo is returned to the seller also belong to the BUYER. Delivery is made as soon as the stock is available and the product price is transferred to the SELLER’s account. The SELLER delivers the product within 30 (thirty) days from the order and reserves the right to extend the additional 10 (ten) days by written notification within this period. The SELLER is obliged to notify the BUYER of the situation if the product subject to the contract cannot be delivered within due time due to extraordinary situations such as stock depletion and similar commercial impossibilities, unexpected situations, force majeure or adverse weather conditions that prevent transportation, interruption of transportation. For the delivery of the product subject to the contract, a signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
Buyer’s Declarations and Commitments
The BUYER will inspect the contractual product before receiving it for dents, broken, torn packaging, etc. will not receive the damaged and defective product from the courier company. The product is received shall be deemed to be undamaged and intact. Careful protection of the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product must not be used, the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. The delivery cost of the returned product due to the right of withdrawal is paid by the Seller. After the delivery of the product, if the credit card of the BUYER is used unfairly or unlawfully by unauthorized persons due to the BUYER’s fault, the BUYER is obliged to send the product to the Seller within 3 (three) days, provided that it has been delivered to him. In this case, shipping costs are the responsibility of the buyer. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and the person present at this address at the time of delivery will be deemed to be the delivery to the BUYER.
6) Seller’s Declarations and Commitments
The seller is responsible for delivering the contractual product in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any. If the product subject to the contract is to be delivered to another person / organization other than the BUYER, the Seller cannot be held responsible if the person / organization to be delivered does not accept the delivery. The seller undertakes that the BUYER has the right to withdraw from the contract by refusing the product within 7 (seven) days from the date of receipt of the product or signing the contract without any legal and criminal liability and without any justification, and to take back the product from the date of receipt of the withdrawal notification to the seller or supplier. . The seller returns the product price, if any, the negotiable documents within 7 (seven) days after receipt of the withdrawal declaration. Returns the product within 7 (seven) days. The seller may supply the product of equal quality and price to the BUYER, for justified reasons, before the performance period in the contract expires. If the seller thinks that the delivery of the product has become impossible, he / she informs the BUYER before the performance period of the contract expires. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the obstacle is eliminated. In the event that the BUYER cancels the order, the price paid and documents, if any, will be returned within 7 (seven) days. The products that are defective or damaged from the products sold with or without the warranty certificate can be sent to the Seller for the necessary repairs within the terms of the warranty, in this case, the delivery costs will be covered by the Seller.
7) Features of the Product Subject to the Contract
The Product Type and Type, Quantity, Brand / Model, Color and Sales Price Including All Taxes are as stated in the information on the product introduction page of the Seller Website and the invoice, which is an integral part of this contract. Seller is not responsible for price update errors due to technical reasons.
8) Cash and Term Price of the Product
The cash price of the product is included in the invoice content.
The price of the product according to the term made in the sales price is included in the invoice content.
9) Payment Plan
Due to the fact that the term sales are made only with the credit cards of the banks, the BUYER will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the current legislation, declares and undertakes. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the BUYER. The BUYER can also follow up the number of installments and payments from the bank statement sent by the bank.
10) Right of Withdrawal
The BUYER may exercise his right of withdrawal within 7 (seven) days from the delivery of the contractual product to himself or to the person / organization at the address indicated. In order to use the right of withdrawal, the Seller must be notified by fax, e-mail or telephone within the same period and the product must not be used. If this right is exercised, it is obligatory to return the original invoice for the product delivered to the 3rd party or the BUYER. If the BUYER is a company / company, it is mandatory to write the phrase “return interest” on the invoice to be sent with the product. The product price is returned to the BUYER within 10 (ten) days following the receipt of the notice regarding the right of withdrawal and within 20 (twenty) days. The product will be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. The delivery cost of the returned product due to the right of withdrawal is paid by the Seller. The situations in which the right of withdrawal cannot be used are stated below.
a) Service contracts that started with the approval of the consumer before the right of withdrawal expires.
b) Contracts for goods whose prices are determined in the stock market or other organized markets.
c) Contracts for the delivery of goods that are prepared in line with the consumer’s wishes or expressly their personal needs, which are not suitable for return due to their nature and that are in danger of rapid deterioration or are likely to expire.
ç) Contracts relating to audio or video recordings, software programs and computer consumables, provided that the package has been opened by the consumer.
d) Contracts for the delivery of periodicals such as newspapers and magazines.
e) Contracts for the performance of betting and lottery related services.
f) Contracts relating to services performed instantly in electronic environment and intangible goods delivered immediately to the consumer.
11) Default and Its Legal Consequences
If the BUYER goes into default in the transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; The BUYER may request the costs and the attorney’s fee from the BUYER and in any case, in case the BUYER goes into default due to the debt, the BUYER agrees to pay the loss and damage of the Seller due to the delayed performance of the debt.
12) Dispute Resolution
In case of disputes that may arise between the parties, if the problem cannot be resolved mutually, the Consumer can apply to the Arbitration Committee for Consumer Problems or to the Consumer Court in the place where he / she purchased the product or where his / her residence is located.
13) Effectiveness
In case of payment for the order placed on the site, the BUYER will be deemed to have accepted all the terms of this contract.