1. PARTIES
This Distance Sales Agreement ("Agreement"); address specified in Article 7 ("BUYER") and address 6.
In accordance with the terms and conditions specified below, between the ("SELLER") specified in the article
installed in environment.
2.DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall refer to the written explanations to them.
MINISTER : Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188)
SERVICE : The subject of any consumer transaction, other than the supply of goods made or committed for a fee or benefit,
SELLER : A company that offers or acts on behalf of or on behalf of the consumer within the scope of its commercial or professional activities,
BUYER : A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE : SELLER's website,
CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,
PARTY: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
MAL : movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment means.
3TH SUBJECT
This Agreement contains the following qualifications and sales price, which the BUYER places an order electronically on the SELLER's website. regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the specified product.
The prices listed and announced on the site are the selling price. 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.
4. SELLER INFORMATION
NAME/TITLE: OSEN İÇ VE DIŞ TİCARET LTD. ŞTİ.
ADDRESS: 597/3 Sk. No:12/15 Osmangazi Mh. Bayrakli, IZMIR
EMAIL: info@cosmate.com.tr
TEL: 0 850 441 67 38
5. BUYER INFORMATION
[shipping-name]
[cargo-company]
[phone]
[email]
[tc-id-id]
6. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
6.1. The basic features of the /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 examine the basic features of the relevant product during the campaign. Valid until the campaign date.
6.2. Listed and on site Advertised prices 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.
6.3. Product shipping cost The shipping fee will be paid by the BUYER.
7. INVOICE INFORMATION
[invoice-name]
[invoice-company]
[invoice -address]
[phone ]
[tax-department]
[tax -number]
[email ]
8. GENERAL PROVISIONS
8.1. BUYER, SELLER It accepts, declares and undertakes that it has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of . BUYER's; Confirming the Preliminary Information in electronic environment, accepting, declaring and undertaking that he has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely.
8.2. a product 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 on the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
8.3. SELLER, Contract To deliver the product in full, in accordance with the qualifications specified in the order and with warranty documents, user manuals, if any, information and documents required by the work, to perform the work in accordance with the standards, in accordance with the standards, free from all kinds of defects, in accordance with the principles of accuracy and honesty, It accepts, declares and undertakes to maintain and increase its quality, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
8.4. SELLER, from contract may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the expiry of the performance obligation arising.
8.5. If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it will notify the consumer in writing within 3 days from the date of learning, and the total price shall be returned to the BUYER within a 14-day period. accepts, declares and undertakes to return it.
8.6. BUYER, Contract It accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the product in question, and that the SELLER's obligation to deliver the product subject to the contract will expire if the contractual product price is not paid for any reason and/or is canceled in the bank records.
8.7. BUYER, Contract 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 BUYER's credit card by unauthorized persons after the product in question is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, the BUYER shall It accepts, declares and undertakes that it will return it to the SELLER within the same day that the shipping cost belongs to the SELLER.
8.8. SELLER It accepts, declares and undertakes that if it cannot deliver the product subject to the contract within the period due to force majeure situations such as the occurrence of situations that develop out of its will, unpredictable and prevent and / or delay the fulfillment of the obligations of the parties, it will notify the BUYER. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
8.9. OF SELLER, BUYER The BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified in the registration form on the site or updated by him afterwards. has the right to access. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
8.10. BUYER, contract will inspect the subject 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.
8.11. Order with BUYER If the credit card holder used during the order is not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or the card holder. may request from the BUYER to submit a letter from the bank stating 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.
8.12. BUYER, SELLER . >
8.13. BUYER, SELLER While using the website of . Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
8.14. BUYER, SELLER 's website in any way disrupting public order, contrary to general morality, disturbing and harassing others, for an unlawful purpose, in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
8.15. to SELLER A link may be given to other websites and/or other content that is not under the control of the SELLER and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
8.13. BUYER, SELLER While using the website of . Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
8.14. BUYER, SELLER 's website in any way disrupting public order, contrary to general morality, disturbing and harassing others, for an unlawful purpose, in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
8.15. to SELLER A link may be given to other websites and/or other content that is not under the control of the SELLER and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
9.2. Exercise of the right of withdrawal Within 14 (fourteen) days, the SELLER must be notified in writing by registered mail, fax or e-mail and the product has not been used in accordance with the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised,
a) to 3rd party or the invoice of the product delivered to the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b)Â Return form,
c) It must be delivered complete and undamaged with its box, packaging and standard accessories, if any.
d) SELLER, do not withdraw He 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 notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a defect 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)Â Exercise of the right of withdrawal In the event that the campaign limit amount regulated by the SELLER falls below the amount due to the reason, the discount amount used within the scope of the campaign is cancelled.
10. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear bottoms, swimwear and swimwear, which are prepared according to the request or expressly personal needs of the BUYER and are not suitable for return. bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that may expire and products that cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, Services performed instantly in the electronic environment or intangible goods delivered to the consumer instantly In accordance with the Regulation, it is not possible to return the products and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have been started with the approval of the consumer, as per the Regulation.
Cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, In order for VCDs, CDs, cassettes, and stationery consumables (toner, cartridge, tape, etc.) to be returned, their packages must be unopened, untested, intact and unused.
11. CASE OF DEFERRED AND LEGAL CONSEQUENCES
In the event that the BUYER defaults in the case of payment by credit card, the interest rate will be incurred within the framework of the credit card agreement between the cardholder bank. accepts, declares and undertakes that it will pay and be liable to the bank. In this case, the relevant bank may take legal action; may claim the expenses and attorney's fees to arise from the BUYER, and 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, in case the BUYER defaults due to its debts
12. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, shall be filed with the arbitral tribunal or the consumer court. Information on the monetary limit is below:
Effective as of 28/05/2014:
a) Consumer number 6502 District consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL in accordance with Article 68 of the Law on the Protection of Consumer Protection,
b) Provincial consumer arbitration committees in disputes whose value is less than 3,000,00 (three thousand) TL,
c) In provinces with metropolitan status, its value is between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL Applications are made to the provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
13. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this contract when he makes the payment for the order he has placed on the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: OSEN DIC AND FOREIGN TRADE LTD. ŞTİ.
RECIPIENT:Â [invoice-name]
DATE:Â [date]