DISTANCE SELLING AGREEMENT

 

ARTICLE 1- PARTIES

 

1.1- SELLER: (hereinafter referred to as the SELLER in the contract)

Title : Teksmark Tekstil San. ve Tic. A.Ş.

Address: Hadımköy Mah., Elvan Sk., No: 6-8 34555, Arnavutköy, İstanbul, Türkiye

Phone : 02128661700

E-mail: [email protected]

 

1.2- BUYER: (hereinafter referred to as BUYER in the contract)

Name/Surname/Title:

Address:

Telephone:

E-mail:

TR Number:

 

By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about it.

 

ARTICLE 2- SUBJECT

 

2.1- The subject of this contract is the Law No. 6502 on the Protection of Consumers regarding the sale and delivery of the product, which the BUYER has made an electronic order from the SELLER's https://www.organickid.com.tr address, the features and sales price of which are specified below. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Implementation Principles and Procedures of Distance Sales Contracts.

 

ARTICLE 3- THE PRODUCT SUBJECT TO THE AGREEMENT

 

 3.1- The basic features of the Goods/Products/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can review the basic features of the relevant product during the campaign. Valid until the campaign date.

3.2- The prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

3.3- The type and type, quantity, size, brand/model color of the products are as follows.

 

 

PRODUCT DESCRIPTION

SKU

AMOUNT

UNIT PRICE

TOTAL

SHIPPING

VAT

TOTAL

 

Order No

Date

Payment Method

Shipping Method

Will Be Delivered To

Billing Address

 

ARTICLE 4- GENERAL PROVISIONS

 

4.1- The BUYER declares at https://www.organickid.com.tr that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract and has given the necessary confirmation in electronic environment.

4.2- The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period.

4.3- If the product subject to the contract 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 does not accept the delivery.

4.4- The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

4.5- The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining his explicit approval, before the contractual performance obligation expires.

4.6- For the delivery of the product subject to the contract, 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 canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

4.7- The BUYER confirms this Agreement and the Preliminary Information Form electronically, by confirming the address to be given to the BUYER by the SELLER before the conclusion of the distance contracts, the basic features of the ordered goods or services, the price of the goods or services including taxes, payment and payment. confirms that it has obtained the correct and complete delivery and delivery price information.

4.8- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, not due to the BUYER's fault, provided that the product has been delivered to the BUYER. It must be sent to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER.

4.9- If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In case the BUYER cancels the order, the amount paid is paid to him in cash and in full within 10 days.

4.10- Defective or damaged products of the products sold or not with the warranty certificate can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER.

4.11- The BUYER shall check the contractual goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

4.12- The conditions regarding which side will pay the shipping fee for the products you want to exchange are as follows;

- If the sent product is wrong, incomplete or defective by the Seller, all shipping charges belong to the SELLER.

- The BUYER, who wants to exchange the product with a different product, bears the shipping cost of the product himself. After the product is exchanged, the SELLER pays the shipping fee and the BUYER does not pay the shipping fee to receive the product.

4.13- The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER. it does.

4.14- The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.

 

ARTICLE 5- RIGHT OF WITHDRAWAL

 

5.1- The BUYER, within 14 (fourteen) days from the date of delivery in the transactions related to the sale of goods, from the date of purchase in the transactions related to the sale of services, without assuming any legal and criminal responsibility and without giving any reason, from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. may exercise the right of withdrawal.

5.2- In order to exercise the right of withdrawal, the SELLER must be notified by e-mail or telephone within this period and the product must not be used, damaged, washed, the inner/outer labels have not been cut/removed. In case this right is exercised, it is obligatory to return the original invoice with the copy of the cargo delivery report indicating that the product delivered to the BUYER has been sent to the SELLER.

a) The product price is returned to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.

b) Return form,

c) The products to be returned must be delivered complete, unused, unwashed and undamaged, together with the box, packaging and standard accessories, if any.

d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 2 days.

e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.

f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.

 

ARTICLE 6- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

 

6.1- Underwear, undergarments, masks, diapers, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, are to be delivered to the BUYER. Products that are not suitable for health and hygiene to be returned if their packaging is opened by the BUYER afterward, products that are mixed with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, Instantly executed electronically Services or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned as per the regulation if their packaging has been opened by the BUYER. In addition, before the expiration of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, as per the regulation.

6.2- In order for the products mentioned in Article 6.1 to be returned, their packages must be unopened, untested, intact and unused.

 

ARTICLE 7- STATUS OF DEFAULT AND LEGAL CONSEQUENCES

 

7.1- The BUYER accepts, undertakes and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

 

ARTICLE 8- AUTHORIZED COURT

 

8.1- In disputes that may arise regarding this Distance Sales Contract; Provincial or District Arbitration Committees for Consumer Problems in the place where the BUYER purchases the product in the place of residence or where the residence is located, up to the value announced by the Ministry of Customs and Trade every year, and the Consumer Courts in disputes above the said value.

 

ARTICLE 9- EFFECTIVENESS

 

The BUYER shall be deemed to have accepted all the terms of this contract when he/she makes the payment for the order he/she placed via https://www.organickid.com.tr.

SELLER: TEKSMARK TEXTILE IND. TRADE. AS

BUYER:

DATE:

 

ARTICLE 10- NOTICES AND EVIDENCE AGREEMENT

 

The BUYER, accepts, declares and undertakes that in case of disputes that may arise from this Agreement, declares that the official books and commercial records of the SELLER, the electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure. 

 

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