DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
TITLE: CORREL OTO – KORAY YAMACI
ADDRESS: Icerenkoy Mah. Tuna Sok. No: 11 / A Atasehir Istanbul TURKEY
PHONE: 0216 577 22 70
Hereinafter will be referred to as the SELLER.
NAME SURNAME / TITLE: ……
Hereinafter will be referred to as the BUYER.
ARTICLE 2 – SUBJECT
The subject of this CONTRACT is the sale and delivery of the goods / services that the BUYER has ordered from the SELLER’s website www.plasticfenderflares.com electronically or by phone on 0216 577 22 70, which has the qualifications mentioned in the contract and whose sales price is specified in the contract and 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 Implementing Principles and Procedures of Distance Contracts. The BUYER agrees and declares having knowledge regarding the basic qualities of the goods / services subject to sale, sales price, payment method, delivery conditions etc. and the right of “withdrawal”, having confirmed these preliminary information electronically and then having ordered the goods / service. Preliminary information and invoice on the payment page of www.plasticfenderflares.com site are integral parts of this contract.
ARTICLE 3 – DATE OF CONTRACT
These two copies of the contract, previously signed by the SELLER, were signed and accepted by the BUYER on ……. A copy of the contract will be sent to the BUYER’s e-mail address.
ARTICLE 4 – DELIVERY OF GOODS / SERVICES, THE PLACE OF EXECUTION OF THE CONTRACT AND DELIVERY METHOD
The goods / services will be delivered to the address at…. to the person / organization named… whom the BUYER has requested the delivery to.
ARTICLE 5 – DELIVERY COSTS AND EXECUTION
Delivery costs shall belong to the BUYER. If the SELLER declares that the delivery costs for the purchases over the amount on the Website will be borne to the SELLER, then the delivery costs shall be borne by the SELLER. Delivery shall be made as soon as possible once the stock is available and the cost of the goods is transferred to the SELLER’s account. The SELLER delivers the goods / services within 30 (thirty) days from the order and reserves the right to extend an additional 10 (ten) days with written notification within this period. If the price of the Goods / Services is not paid for any reason or the payment is canceled in the bank records, the SELLER shall be deemed to have been exempt from the liability of delivering the Goods / Services.
ARTICLE 6 – DECLARATION AND COMMITMENTS OF THE BUYER
The BUYER shall examine the goods / service subject to the contract at the time of delivery and shall not accept the delivery of any damaged/defective goods/service such as crushed, broken, torn goods, etc. from the shipping company. Delivered goods/service shall be deemed to be undamaged and faultless. The obligation to protect the goods / services after delivery is borne by the BUYER. The invoice must be returned. After the delivery of the Goods/Services, if the bank or the financial institution rejects to pay the price of the Goods/Services to the SELLER because the BUYER’s credit card is unfairly or unlawfully used by unauthorized persons in a way that is not caused by the BUYER’s fault, the BUYER is obliged to return the Goods/Services to the SELLER within 3 (three) days, provided that the Goods/Services are delivered to him/her. In this case, the delivery costs belong to the BUYER.
ARTICLE 7 – SELLER’S DECLARATION AND COMMITMENTS
The SELLER is responsible for the delivery of the goods / services subject to the CONTRACT in a secure, complete manner, in accordance with the qualifications specified in the order, and with warranty certificates and user manuals, if any. If the goods / service subject to the CONTRACT is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible for the fact that the person / organization does not accept the delivery. The SELLER shall return the fee of the goods / services and, if any, the valuable documents within 7 (seven) days after receiving the withdrawal declaration. He/she shall accept the return of the goods / service within 20 (twenty) days. For justified reasons, the SELLER may supply the BUYER with equal quality and price before the execution period in the contract expires. If the SELLER considers that the execution of the goods / services is impossible, the SELLER shall notify the BUYER before the execution of the contract. The paid fees and documents, if any, are refunded within 10 (ten) days. The goods / services that are defective or damaged from the goods / services sold or not with the warranty certificate can be sent to the SELLER to perform the necessary repairs within the warranty conditions, in this case the delivery expenses will be covered by the SELLER.
ARTICLE 8 – NATURE OF GOODS / SERVICES SUBJECT TO THE CONTRACT
The type and quality of the goods / services, the quantity, the brand / model, the color and the sales price including all taxes are as stated in the information on the goods / services promotion page on the website www.plasticfenderflares.com and in the invoice deemed an integral part of this contract.
ARTICLE 9 – CASH PRICE OF GOODS / SERVICES
The cash price of the goods / service is included in the invoice sent to the customer along with the product and sample invoice that is mailed to the BUYER following the order.
ARTICLE 10 – TERM PRICE
The price of the goods / services determined according to the term applied is included in the invoice sent to the customer along with the product and the sample invoice that is mailed to the BUYER following the order.
ARTICLE 11 – DOWN PAYMENT AMOUNT
The down payment amount of the goods / services is included in the invoice sent to the customer along with the product and the sample invoice mailed to the BUYER following the order.
ARTICLE 12 – PAYMENT PLAN
If the BUYER purchases with a credit card and in installments, the installment format chosen from the site shall be valid. In the installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank shall be valid. The credit card payment date shall be determined by the terms of the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank.
ARTICLE 13 – RIGHT OF WITHDRAWAL
The BUYER may use the right of withdrawal within 7 (seven) days from the delivery of the contractual goods / services to him or to the person / organization at the address he / she provides. Within the framework of the provisions of article 14 and the preliminary information posted on plasticfenderflares.com website, in order to use the right of withdrawal, the BUYER must notify the seller by fax, e-mail (firstname.lastname@example.org) or by phone by calling 0216 577 22 70; and the goods / service must not have been damaged when testing the packaging and contents. If this right is exercised, it is obligatory to return the original invoice for the goods / services delivered to the 3rd party or the BUYER. Goods / service fee shall be refunded to the BUYER within 10 (ten) days following the arrival of the notice regarding the right of withdrawal and goods / services shall be returned within 20 (twenty) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The delivery fee of the goods / services returned due to the right of withdrawal is covered by the SELLER.
ARTICLE 14 – DEFAULT AND LEGAL RESULTS
If the BUYER goes into default in the transactions he/she carried out by credit card, he/she shall pay interest pursuant to the credit card CONTRACT signed between him/her and the bank issuing the card and shall be liable against the bank. In this case, the respective bank may take legal action and may demand the costs and solicitor’s fee to arise from the BUYER; and in any circumstances, in the event that the BUYER goes into default due to his/her debt, the BUYER accepts to pay the SELLER’s burden of losses to arise due to the deferred discharge of the debt.
ARTICLE 15 – AUTHORIZED COURT
In disputes that may arise from this contract, the Consumer Arbitration Committees shall be competent up to the value announced by the Ministry of Industry and Trade, and the Consumer Courts shall be competent in disputes over this value. Where there are no Consumer Courts, the Civil Courts of First Instance shall be competent.
SELLER : CORREL OTO – KORAY YAMACI
DISTANCE SALES CONTRACT