DISTANCE SALES AGREEMENT
1.PARTIES
This Agreement is concluded between the
following parties in accordance with the terms and conditions set forth below.
NAME- SURNAME: ADDRESS:
NAME- SURNAME: RODOP MÜHENDİSLİK
ELEKTRİK TAAHHÜT SAN. VE TİC. LTD. ŞTİADRES: Halil Rıfat Paşa Mh. Yüzer Havuz Sk. Perpa Ticaret
Merkezi A BLOK K.9 NO:1270 ŞİŞLİ/İSTANBUL/TURKEY
By accepting this contract, the BUYER
accepts in advance that if he approves the order subject to the contract, he
will be obliged to pay the price of the order and the additional fees specified
such as shipping fee, tax, if any, and that he has been informed about this.
2.DEFINITIONS
In the application and interpretation of
this agreement, the following terms shall refer to the written explanations
against them.
MINISTER: The Minister of Customs and
Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of
Consumers,
REGULATION: Distance Contracts
Regulation (OG:27.11.2014/29188)
SERVICE : The subject of any consumer
transaction other than the provision of goods made or undertaken to be made in
exchange for a fee or benefit,
SELLER : A company that offers goods to
the consumer within the scope of its commercial or professional activities or
acts on behalf or on behalf of the company that offers goods,
BUYER: Real or legal person who
acquires, uses or benefits from a good or service for non-commercial or
non-professional purposes,
SITE : The website of the SELLER,
BUYER: The real or legal person who
requests a good or service through the website of the SELLER,
PARTIES : SELLER and BUYER,
CONTRACT: This contract concluded
between the SELLER and the BUYER,
GOODS : It refers to the movable goods
subject to shopping and software, sound, video and similar intangible goods
prepared for use in electronic environment.
3.SUBJECT
This Agreement regulates the rights and
obligations of the parties in accordance with the provisions of the Law on the
Protection of Consumers No. 6502 and the Regulation on Distance Contracts
regarding the sale and delivery of the product ordered by the BUYER
electronically via the website of the SELLER, the qualifications and sales
price of which are specified below.
The prices listed and announced on the
site are the sale price. Advertised prices and promises are valid until updated
and changed. The prices announced periodically are valid until the end of the
specified period.
4. SELLER INFORMATION
Title: RODOP MÜHENDİSLİK ELEKTRİK
TAAHHÜT SAN. VE TİC. LTD. ŞTİAdres Halil
Rıfat Paşa Mh. Yüzer Havuz Sk. Perpa Ticaret Merkezi A BLOK K.9 NO:1270
ŞİŞLİ/İSTANBUL/TURKEY
Phone 0212 877 09 46FaxEmail ediler@rodopmuhendislik.com.tr
5. BUYER INFORMATION
Delivery toDelivery AddressPhoneFax
Email/username
6. ORDERER INFORMATION
Name/Surname/Title
AddressPhoneFaxEmail/username
7. PRODUCT(S) SUBJECT TO CONTRACT
INFORMATION
1. The basic
characteristics (type, quantity, brand / model, color, number) of the goods /
products / products / service are published on the website of the SELLER. If a
campaign is organized by the seller, you can review the basic features of the
relevant product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site
are the sales price. Advertised prices and promises are valid until they are
updated and changed. The prices announced periodically are valid until the end
of the specified period.
7.3. The sales price of the goods or services
subject to the contract, including all taxes, is shown below.
Product Description |
Custom |
Unit Price |
Subtotal(VAT included) |
Shipping Amount |
|||
Sum: |
Payment Form and Plan
Delivery Address
Delivery to
Billing Address
Order Date
Delivery date
Mode of delivery
7.4. The shipping fee, which is the cost of product
delivery, will be paid by the BUYER.
8th BILLING INFORMATION
Name/Surname/Title
AddressPhoneFaxEmail/usernameInvoice
delivery: The invoice will be delivered with the order to the invoice address
at the time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts,
declares and undertakes that he has read the basic qualities of the product
subject to the contract, the sales price and payment method and the preliminary
information about the delivery on the website of the SELLER and that he has
been informed and that he has given the necessary confirmation in electronic
environment. BUYER's; Confirming the Preliminary Information electronically,
accepting, declaring and undertaking that it has obtained the address required
to be given to the BUYER by the SELLER before the establishment of the distance
sales contract, the basic features of the products ordered, the price of the
products including taxes, payment and delivery information correctly and
completely.
9.2. Each product subject to the contract is
delivered to the person and / or organization at the address indicated by the
BUYER or the BUYER within the period specified in the preliminary information
section of the website depending on the distance of the BUYER's place of
residence, provided that it does not exceed the legal period of 30 days. In the
event that the product cannot be delivered to the BUYER within this period, the
BUYER reserves the right to terminate the contract.
9.3.
The SELLER shall deliver the product subject to the Contract in a complete, in
accordance with the qualifications specified in the order and with the warranty
documents, user manuals, if any, information and documents required by the
work, to perform the work in a sound and standards-compliant manner in
accordance with the requirements of the legal legislation free from all kinds
of defects, to protect and improve the quality of service, to show the
necessary care and attention during the performance of the work, accepts, declares and undertakes to act with
prudence and foresight.
9.4. The SELLER may supply a different product of
equal quality and price by informing the BUYER before the expiry of the
performance obligation arising from the contract and obtaining his explicit
approval.
9.5. The
SELLER accepts, declares and undertakes that if the product or service subject
to the order becomes impossible to fulfill its obligations subject to the
contract, it will notify the consumer in writing within 3 days from the date of
learning of this situation and will return the total price to the BUYER within
a period of 14 days.
9.6. The BUYER accepts, declares and undertakes
that he will confirm this Contract electronically for the delivery of the
product subject to the Contract and that if the product price subject to the
contract is not paid for any reason and / or canceled in the bank records, the
obligation of the SELLER to deliver the product subject to the contract will
end.
9.7.
The BUYER accepts, declares and undertakes that if the product subject to the
contract is not paid to the SELLER by the relevant bank or financial
institution as a result of the unfair use of the credit card of the BUYER by
unauthorized persons after the delivery of the product subject to the Contract
to the person and / or organization at the address indicated by the BUYER or the BUYER, the BUYER will return the
product subject to the Contract to the SELLER within 3 days at the shipping
expense of the SELLER.
9.8. The SELLER accepts,
declares and undertakes that if he cannot deliver the product subject to the
contract within the period of time due to force majeure situations such as the
occurrence of force majeure situations that develop against the will of the
parties, cannot be foreseen in advance and prevent the parties from fulfilling
their obligations and / or delay, they will notify the BUYER of the situation.
The BUYER also has the right to request from the SELLER that the order be
canceled, the product subject to the contract be replaced with a counterpart,
if any, and / or the delivery period be postponed until the disabling situation
is eliminated. In case of cancellation of the order by the BUYER, in the
payments made by the BUYER with cash, the product amount is paid to him in cash
and in full within 14 days. In the case of payments made by the BUYER with a
credit card, the product amount is returned to the relevant bank within 14 days
after the order is canceled by the BUYER. The BUYER accepts, declares and
undertakes that the average process for the transfer of the amount returned to
the credit card by the SELLER to the BUYER's account by the bank may take 2 to
3 weeks, and that the BUYER cannot hold the SELLER responsible for possible
delays since the reflection of this amount on the BUYER's accounts after the
return of this amount to the bank is entirely related to the bank transaction
process.
9.9.
The SELLER has the right to contact the BUYER for communication, marketing,
notification and other purposes by
letter, e-mail, SMS, telephone call and other means through the address, e-mail
address, fixed and mobile phone lines and other contact information specified
by the BUYER in the registration form on the site or updated by the BUYER
later. By accepting this agreement, the BUYER accepts and declares that the
SELLER may carry out the above-mentioned communication activities for him/her.
9.10. The BUYER will inspect the goods / services
subject to the contract before receiving them; dents, broken, torn packaging,
etc. will not receive the damaged and defective goods / services from the cargo
company. The goods/services received shall be deemed to be undamaged and
intact. The obligation to protect the goods / services carefully 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.
9.11.
If the BUYER and the credit card holder used during the order are not the same
person or if a security vulnerability is detected regarding the credit card
used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to
submit the identity and contact information of the credit card holder, the
statement of the credit card used in the order from the previous month or the
letter from the card holder's bank that the credit card belongs to him. The
order will be frozen until the BUYER provides the information / documents
subject to the request, and if the aforementioned requests are not met within
24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares
and undertakes that the personal and other information provided by the SELLER
while subscribing to the website is in accordance with the truth and that the
SELLER will compensate all damages that the SELLER will suffer due to the
unreality of this information immediately, in cash and once upon the first
notification of the SELLER.
9.13. 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 criminal liabilities that may arise will be fully and
exclusively binding on the BUYER.
9.14. The BUYER may not use the website of the
SELLER in any way that disrupts public order, contrary to general morality,
disturbs and harasses others, for an unlawful purpose, and in a way that
infringes the material and moral rights of others. In addition, the member may
not engage in activities (spam, virus, trojan horse, etc.) that prevent or make
it difficult for others to use the services.
9.15.
Links may be made to other websites and / or other contents owned and / or
operated by other third parties that are not under the control of the SELLER
and / or through the website of the SELLER. These links are provided for the
purpose of providing ease of navigation to the BUYER and do not support any
website or the person operating that site and do not constitute any guarantee
for the information contained in the linked website.
9.16. The member who
violates one or more of the articles listed in this contract is personally and
criminally responsible for this violation and will keep the SELLER free from
the legal and criminal consequences of these violations. In addition; Due to
this violation, if the incident is transferred to the field of law, the SELLER
reserves the right to claim compensation against the member for non-compliance
with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the event that the distance contract is
related to the sale of goods, the BUYER may exercise the right to withdraw from
the contract by rejecting the goods within 14 (fourteen) days from the date of
delivery of the product to him or to the person / organization at the address
indicated, without assuming any legal and criminal responsibility and without
any justification, provided that he notifies the SELLER. In the case of
distance contracts for the provision of services, this period starts from the
date of signing the contract. Before the expiry of the right of withdrawal, the
right of withdrawal cannot be used in the service contracts that are started to
perform the service with the approval of the consumer. The costs arising from
the use of the right of withdrawal belong to the SELLER. By accepting this
contract, the BUYER accepts in advance that he has been informed about the
right of withdrawal.
10.2. In order to exercise the right of withdrawal,
the SELLER must be notified in writing within 14 (fourteen) days by registered
mail, fax or e-mail with return receipt and the product must not be used within
the framework of the provisions of the "Products for which the Right of
Withdrawal Cannot Be Used" set out in this contract. If this right is
exercised,
a)The
invoice of the product delivered to the
3rd person or the BUYER, (If the invoice of the product to be returned
is corporate, it must be sent together with the return invoice issued by the
institution when returning. Order returns whose invoices are issued on behalf
of the institutions will not be completed unless the RETURN INVOICE is issued.)
b)
Return form,
c)
The products to be returned must be delivered complete and undamaged with their
box, packaging, 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 after the receipt of the withdrawal notification and to receive the
goods back within 20 days.
e)
If there is a decrease in the value of the goods due to a reason arising from
the fault of the BUYER or if the return becomes impossible, the BUYER is
obliged to compensate the SELLER for damages in proportion to the defect.
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 right of
withdrawal period.
f)In
case of falling below the campaign limit
amount organized by the SELLER due to the use of the right of withdrawal, the
discount amount benefited from the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF
WITHDRAWAL CANNOT BE EXERCISED
Products that are prepared at the
request of the BUYER or explicitly in accordance with his personal needs and
are not suitable for return, underwear underwear, swimwear and bikini bottoms,
make-up materials, disposable products, goods that are in danger of perishing
quickly or are likely to expire, products that are not suitable for health and
hygiene to be returned if the package is opened by the BUYER after delivery to
the BUYER, 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 contract, services performed instantly in
electronic environment or intangible goods delivered instantly to the consumer,
audio or video recordings, books, digital content, software programs, data
recording and data storage devices, computer consumables, If the package is opened by the BUYER, it is
not possible to return it in accordance with the Regulation. In addition, it is
not possible to use the right of withdrawal for the services started to be
performed with the approval of the consumer before the expiry of the right of
withdrawal period in accordance with the Regulation.
Cosmetics and personal care products,
underwear, swimwear, bikinis, books, copyable software and programs, DVD, VCD,
CD and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.)
must be unopened, untested, intact and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and
undertakes that if he defaults in the case of making payment transactions by
credit card, he will pay interest within the framework of the credit card
agreement between the cardholder bank and the bank and will be responsible to
the bank. In this case, the relevant bank may apply for legal remedies; may
demand the costs to be incurred and the proxy fee from the BUYER and in case
the BUYER defaults due to the debt in any case, 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
13. COMPETENT COURT
Complaints and objections in disputes
arising from this contract shall be made to the
consumer problems arbitration committee or the consumer court in the place
where the consumer's place of residence is located or where the consumer
transaction is carried out within the monetary limits specified in the
following law. Information on the monetary limit is as follows:
Effective 28/05/2014:
a)
Article 68 of the Law No. 6502 on the Protection
of Consumers In disputes with a value below 2.000,00 (two thousand) TL as
required by the article, to the district consumer arbitration committees,
b) To the provincial consumer
arbitration committees in disputes with a value below TL 3,000.00 (three
thousand),
c) In the provinces with metropolitan
status, applications are made to the provincial consumer arbitration committees
in disputes between the value of 2.000,00 (two thousand) TL and 3.000,00 (three
thousand) TL.
14. ENFORCEMENT
When the BUYER makes the payment for the
order he / she has made through the Site, he is deemed to have accepted all the
terms of this agreement. The SELLER is obliged to make the necessary software
arrangements in such a way as to obtain confirmation that this contract has
been read and accepted by the BUYER on the site before the execution of the
order.