Distance sales contract

ARTICLE 1: PARTIES

 

  1. a) SELLER

ALEVEL TURIZM TICARET LIMITED ŞIRKETI

Address: Ergenekon Mah. Harbiye Çayırı Sok. No: 80 D: 3 Şişli / 34373

İstanbul / TURKEY

 

Telephone    : 00902355950

Facsimile      : 00902355952

 

  1. b) BUYER

The customer and/or the member of the shopping site named www.etsyturkey.com. The address and contact information provided in the subscription will be taken as the basis.

 

ARTICLE 2: SUBJECT

The subject of hereby this contract is to determine the rights and liabilities of the parties, in accordance with the Provisions of the Regulation (numbered 4077) on Applications Methods of Law and Distance Contracts for the Protection of Customers, in relation to the sale and delivery of the products of which contents and selling price are specified in the articles numbered 1.3 and 1.4 of this contract and which the BUYER order online on the website www.etsyturkey.com pertaining to the SELLER. The Buyer accepts and undertakes that he knows about all pre-information and the right of withdrawal in relation of essential features, selling price, means of payment, terms of delivery etc. of the products; that he has confirmed this pre-information online and ordered products afterward according to the contractual provisions. The pre-information service and invoice on the website www.etsyturkey.com are the integrated part of this contract. As soon as the order is realized, the Buyer will be deemed to have accepted all the terms of this contract.

 

ARTICLE 3: GENERAL CONDITIONS

3-1: DELIVERY OF THE PRODUCT – PLACE OF EXECUTION – MEANS OF DELIVERY

The product will be delivered to the address xxx, demanded address of the Buyer, by an authorized cargo officer, to the person named xxx.

3-2: COST OF DELIVERY AND EXECUTION

Cost of delivery belongs to the Buyer. Cost of delivery only belongs to the Seller if the Seller has declared that they will cover the expenses. The seller will be deemed to have served their duty completely although the Buyer is not present in his/her address during the time of the delivery. Thus, all damages and expenses caused by late delivery, awaiting the product in the cargo company and/or the expenses to return the product to the seller belong to the Buyer. Delivery is executed as soon as possible after the payment is made into the account of the Seller if the product is present in the stock. The Seller delivers the product in 30 (thirty) days after the date of the order and reserves the right to extend this period for 10 days more with a written notification. The seller is liable to notify the Buyer if they fail to deliver the product in the specified time due to inventory stock outs or the like commercial impossibilities, unexpected circumstances, force majeure or air traffic preventing the transportation, transportation disruption etc. It is mandatory for the delivery of the contractual product that a signed copy of this contract shall be sent to the Seller and the payment shall be made in any means the Buyer wishes. If the payment is not made or cancelled in bank records by any reason, The Seller will be deemed to have no more liability for the delivery of the product.

3-3: STATEMENT AND UNDERTAKINGS OF BUYER

BUYER must check the product whether there is any crush, breakage and ripped wrapping and not received the product from shipping company. Received product will be accepted that it is in good condition. After receiving, care of the product belongs to BUYER. In the case of using the right of withdrawal, product must not be used and invoice must be given back. If original invoice is not sent, VAT and other legal obligations are not refunded back to BUYER. Delivery cost of the returned product, because of the right of withdrawal, is paid by SELLER. After delivery of the product, if the BUYR’s credit card is used illegally by a third unauthorized person/party, it shall not be considered BUYER’s fault. If the product price is paid by bank or financial institution, BUYER must ship back the product to SELLER within 3 (three) days. In this case delivery cost is covered by BUYER.

 

3-4: STATEMENT AND UNDERTAKINGS OF SELLER

SELLER has liability of delivering the product in good condition, complete, matching with the qualifications being said in order and must be delivered with, if any, guarantee letters and usage directions. If mentioned product is delivered to another person/institution different from BUYER, SELLER cannot be obligated for that receiver person/institution does not accept the delivery. SELLER undertakes that SELLER has right of withdrawal by refusing the product in 7(seven) days from the date that BUYER has signed the agreement or received the product without any justification and without undertaking any judicial and penal obligation, and SELLER undertakes to accept the product back from the date of reaching the withdrawal notification to SELLER or provider. SELLER returns the product price and if any, bond after receiving of withdrawal notification in 7(seven) days and takes the product in 7(seven) days. SELLER, with valid ground, may supply the equal quality and price product before fulfillment period is over. If SELLER thinks that fulfillment is impossible, it notifies this before fulfillment period is over. In this case BUYER may use its one of rights such as canceling order, if any, changing of mentioned product with equals product and/or postponing until removing of impeding condition. In case BUYER cancels the order, paid price and /if any documents must be returned in 14 (fourteen) days. Sold products with or without guarantee may send to SELLER to repair according to guarantee terms in case of being out of order or broken of products. Thus delivery cost will be paid by SELLER.

3-5: PROPERTIES OF MENTIONED PRODUCT

Product’s kind and type, quantity, brand/pattern, color, and all taxes included sale price are the same with on sell sheet on www.etsyturkey.com in invoice of inseparable part of this agreement. SELLER is not responsible for changing in price updating arising from technical reasons.

ARTICLE 4 WITHDRAWAL RIGHT

BUYER, has right to withdraw within 14 days after having delivered the contracted product to the person or the person /institution at directed address. In order to use the withdrawal right, BUYER has to give notice to SELLER within the same period, via telefax or e-mail or phone and the product has to be unused within the scope of the provisions of the 9th article and the preliminary information that is an integral part of this contract, provided on www.etsyturkey.com, agreed by BUYER. It is obliged to return the original invoice concerning the products that are delivered to BUYER or third party. The price of the product shall be returned to BUYER within 7 days after informing about withdrawal right and the product is sent back. If the original invoice is not sent within 7 days, VAT and other legal liabilities if any shall not be returned to BUYER. Delivery cost of the delivered product due to withdrawal right shall be covered by SELLER.

 

ARTICLE 5: The products that withdrawal rights do not apply

The products which are unpacked, used, washed, original labels and tags removed cannot be returned.

ARTICLE 6:

FAILURE TO PAY AND LEGAL CONSEQUENCES

Failure to make credit card payments by BUYER, the card holder shall be responsible against the bank and fined interest within the scope of the credit card contract signed between the bank and the person. In that case, the concerning bank may press charges; the bank may ask for the expenditures and solicitor’s fees be covered by BUYER. In case of failure to pay by BUYER, BUYER accepts to pay for damages arising out of a delay in payment.

ARTICLE 7:

In case of any dispute arising out of this contract, consumer arbitration board and consumer courts that located in the residential area of SELLER for the matters that are announced by The Ministry of Industry and Trade and Civil Courts of First Instance are authorized in the presence of Consumer Courts.

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