DISTANCE SALES CONTRACT
This Contract has been signed between the parties under the provisions and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as the "BUYER")
B. ‘SELLER’; (hereinafter referred to as the "SELLER")
Address: Mehmetçik Mah. 2555 sk. No: 10/2, 20150, Denizli/TURKEY
E-mail: [email protected]
By agreeing with this contract, the BUYER accepts in advance that, in the event of approving the contracted order, he/she will enter into the obligation of paying the price of the order as well as specified additional fees including cargo fee, if any, and taxes, and that he/she is informed accordingly.
For the implementation and interpretation of this contract, the following terms shall have the meanings written opposite them.
MINISTER: Minister of Customs and Commerce,
MINISTRY: Ministry of Customs and Commerce,
LAW: Law no. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Sales (RG:27.11.2014/29188),
SERVICE: Subject of all kinds of consumer transactions, excluding provision of goods, carried out or undertaken for a fee or benefit,
SELLER: Company that offers goods, or acts on behalf or account of the person offering goods, within the scope of commercial or professional activities,
BUYER: The person who purchases from www.espyworks.com. Hereinafter referred to as BUYER.
WEBSITE: Internet site belonging to the SELLER,
ORDERING PARTY: Natural or legal person that requests goods or services via the internet site belonging to the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contracted signed between the SELLER and the BUYER,
GOODS: Products offered for sale on www.espyworks.com. Metal design products.
The subject of this agreement, the buyer`s SELLER `s web site www.espyworks.com orders placed electronically, having the qualifications mentioned in the contract, the sale price of the products specified on the site with the sale and delivery of the Law No. 4077 on the Protection of Consumers and Contracts Determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Principles and Procedures. PURCHASER, the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. accepts and declares that it has knowledge of all preliminary information and right of withdrawal of the product subject to sale, confirms this information in electronic form and then orders the product. The preliminary information and invoice on www.espyworks.com are integral parts of this agreement. As soon as the order is realized, the BUYER shall be deemed to have accepted all the terms of this agreement.
SELLER offers metal design products for sale. The contracted product and its features, materials, color, sales price, delivery conditions are given in the product specifications section of www.espyworks.com web page.
3. BUYER’S INFORMATION (Hereinafter referred to as the BUYER)
Person to take delivery:
4. ORDERING PARTY’S INFORMATION (Hereinafter referred to as the ORDERING PARTY)
5. INFORMATION ON CONTRACTED PRODUCT(S)
5.1 The basic properties of the Goods/Product(s)/Services (type, quantity, brand/model, color, number) are published on the website belonging to the SELLER. you can review the basic properties of the related product during the campaign period, which is applicable until the campaign date.
5.2 The prices listed and announced on the website are sales prices. The announced prices and commitments are valid until they are updated and changed, while the prices announced periodically are valid until the end of the specified period.
5.3 Sales price of the contracted goods or services including all taxes is shown in the table below.
Payment Method and Plan:
Person to Take Delivery:
Date of Delivery:
Method of Delivery:
6. GENERAL PROVISIONS
6.1. BUYER accepts, declares and undertakes that he/she has read and received preliminary information on the basic properties, sales price, payment method and delivery of the contracted product on the website belonging to the SELLER, and given necessary confirmation in electronic media. The BUYER accepts, declares and undertakes that he/she has also obtained correct and complete information on the address that should be given by the SELLER to the BUYER, as well as on the basic properties, VAT-included sales price, payment and delivery of the ordered product before confirming the Preliminary Information in electronic media and entering the distance sales contract.
6.2. Each of the contracted products are delivered to the BUYER or to the person and/or establishment at the address shown by the BUYER, within the period specified in the Preliminary Information section of the website, depending on the distance of the BUYER’s residential area, provided that it does not exceed the legal period of 30 days. BUYER reserves the right to terminate the contract in the event that the product is not delivered to the BUYER within this period of time.
6.3. SELLER accepts, declares and undertakes to deliver the contracted product completely, in accordance with the qualities specified in the order, and together with certificates of warranty, user’s manuals and information and documents necessary for the work; perform the work within the principles of goodwill, free from all defects, in good condition as per the requirements of statutory legislations, and in accordance with standards; to maintain and improve the service quality; to show necessary attention and care during the performance of work; and to act with caution and prudentially.
6.4. SELLER may provide a different product of equal quality and price, provided that he informs and receives express approval of the BUYER before expiration of his obligations arising from the contract.
6.5. If the SELLER fails to fulfil his obligations within the scope of the contract in the event that it becomes impossible to deliver the ordered product or service, the SELLER accepts, declares and undertakes to inform the consumer of this situation in written (including e-mail) within 3 days as of the date he becomes aware of such, and return the total amount to the BUYER within 14 days.
6.6. BUYER accepts, declares and undertakes to confirm this Preliminary Information Form via electronic media for the delivery of the contracted product, and that the SELLER’s obligation to deliver the contracted product shall expire in case of non-payment of the product for any reason and/or cancellation of the payment in bank records.
6.7. BUYER accepts, declares and undertakes to return the contracted product to the SELLER within 3 days, with cargo fees at the expense of the SELLER, in the event that the price for the contracted product is not paid to the SELLER by the bank or financial institution in consequence of the wrongful use of the BUYER’s credit card by unauthorized persons after delivery of the contracted product to the BUYER or to the person and/or establishment at the address shown by the BUYER.
6.8. SELLER accepts, declares and undertakes inform the BUYER in the event that he fails to deliver the contracted product within the related period of time due to force majeure that develop beyond the control of the Parties, are unforeseeable, and prevent and/or delay the Parties’ performing their liabilities. BUYER reserves the right to request the SELLER to cancel the order, change the contracted product with a similar one, if any, and/or postpone the delivery period until elimination of the impeding condition. For payments made in cash, the price of the product will be returned to the BUYER in cash and at once within 14 days in the event that the BUYER cancels the order. For payments made with a credit card, the price of the product will be returned to the related bank within 14 days after the BUYER cancels the order. BUYER accepts, declares and undertakes that it may take 2 or 3 weeks on average for the bank to reflect the amount -which is returned to the credit card by the SELLER- on the BUYER’s account, and the BUYER cannot hold the SELLER responsible for possible delays, as the reflection of such amount on his/her account after being returned to the bank is completely related to the bank’s transaction process.
7. INVOICE INFORMATION
Invoice Delivery: As soon as the payment is approved, the invoice for the product should be sent to the BUYER’s e-mail address.
8. RIGHT OF WITHDRAWAL
8.1. For distance contracts related to the sales of goods, the BUYER may execute the right of refusing the goods and withdrawing from the contract without any legal and criminal responsibilities and without any justification within 14 (fourteen) days after the date the product is delivered to the BUYER or to the person and/or establishment at the address shown by the BUYER, provided that he/she informs the SELLER. For distance contracts regarding provision of services, this period starts on the date the contract is signed. The right of withdrawal cannot be executed for service contracts, in which the performance of service starts with the consumer’s approval before the period for the right of withdrawal expires. Expenses arising from the right of approval belong to the SELLER. By agreeing with this contract, the BUYER accepts in advance that he/she is informed on the right of withdrawal.
8.2. For the right of withdrawal to be used, the SELLER should be notified in written via certified mail or e-mail within 14 (fourteen) days, and the product should not be used as per the provisions on “Products for which the right of withdrawal cannot be executed” specified in this contract. If such right is executed,
8.2.1. Invoice of the product delivered to the BUYER or a third person,
(If the invoice of the goods to be returned is a corporate invoice, it should be sent with the return invoice issued by the corporation. Return of orders, the invoice of which has been issued in the name of a company, cannot be completed unless a RETURN INVOICE is issued.)
8.2.2. Return form,
8.2.3. Box, packaging and standard accessories, if any, of the goods to be returned should be delivered completely and without any damage.
8.3. SELLER is obliged to return the total price and documents that burden the BUYER with debt within 10 days at the latest after receiving the notification of withdrawal, and to accept the return of goods within 20 days.
8.4. If the value of goods decrease or it becomes impossible to return the goods due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages in proportion to his/her fault. However, the BUYER is not responsible for changes and deformations arising from using the goods or products in due form within the period for the right of withdrawal.
8.5. If the execution of the right of withdrawal leads to dropping below the limit amount of the campaign organized by the SELLER, the discount used within the scope of the campaign is cancelled.
9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXECUTED
9.1. a) Contracts regarding goods or services, the prices of which vary subject to fluctuations in financial markets and beyond the control of the seller or supplier.
b) Contracts regarding goods prepared in line with the consumer’s request or personal need.
c) Contracts regarding the delivery of perishable goods or goods subject to expiration.
d) Contracts regarding the delivery of goods that are not suitable for return in terms of health and hygiene if protective elements such as packaging, adhesive tape, seal, bag etc. are unwrapped after delivery.
e) Contracts regarding goods that are mixed with other products after delivery and cannot be separated by its nature.
f) Contracts regarding books, digital contents, computer consumables and data recording and storage devices offered in material environment, in the event that protective elements such as packaging, adhesive tape, seal, bag etc. are unwrapped after delivery.
g) Contracts regarding the delivery of periodicals such as newspapers and magazines, except those provided within the scope of a subscription contract.
h) Contracts regarding recreational activities for the purpose of accommodation, moving, car rental, catering and entertainment or relaxation, which should be carried out on a specific date or within a specific period.
i) Contracts regarding services performed instantly in electronic media or intangible goods delivered instantly to the consumer.
j) Contracts regarding services, the performance of which starts with the consumer’s approval before the period for the right of withdrawal expires.
Cosmetic and personal care products, underwear products, swimming suits and bikinis, books, duplicatable software and programs, DVDs, VCDs, CDs and cassettes, and consumable office supplies (toners, cartridges, ribbons etc.) should be unpackaged, untried, undamaged and unused to be returned.
10. COURT OF COMPETENT JURISDICTION
For those who are not residing in Turkey, any claim arising from interpretation and violation of the Form of Preliminary Information and General Conditions of Sales and any other claims (consumer protection, unfair competition or wrongful act requests) shall be subject to Turkish Law regardless of the provisions of conflict of law. In case of any dispute, the Consumer Arbitration Boards and Consumer Courts and Execution Offices established in Ankara, Turkey shall be competent.
This Contract is drawn up for commercial purposes.
BUYER has read, understood and agreed to all the articles of this form of preliminary information via the Website. SELLER shall be obliged to perform the software adjustments required for the form of preliminary information to be read by the BUYER before performance of the order.
Address: Mehmetçik Mah. 2555 sk. No: 10/2, 20150, Denizli/TURKEY
E-mail: [email protected]