Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
1.1 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
TITLE : SİHİR FURNITURE SANAYİ VE TİCARET ANONİM ŞİRKETİ
ADDRESS : Şerifali Mahallesi Necip Fazıl Bulvarı no:100 Ümraniye/İSTANBUL
PHONE: (0216) 313 10 81
E-MAIL : sihir@sihirmobilya.com
1.2 'RECIPIENT' ; (hereinafter referred to as "BUYER" in the contract)
NAME-SURNAME / TITLE:
ADDRESS :
TELEPHONE :
E-MAIL:
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it 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 it has been informed about this issue.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: 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 supply of goods made or promised to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement 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 product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER.
The prices listed and announced on the site are the sales 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. The SELLER reserves the right to change the announced prices and promises without notice.
4. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
4.1. The basic features of the Good / Product / 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. Promotions are valid until the specified date.
4.2. The prices listed and announced on the site are the sales 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. Sihir Furniture San. and Tic. Inc. reserves the right to change the announced prices and campaigns without notice.
4.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product :
Description :
Piece :
Unit price :
Subtotal (Including VAT):
Shipping Amount:
Total :
Payment Method and Plan:
Delivery address :
Person to be delivered:
Billing address :
Order date :
Delivery date :
Delivery method :
4.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
5. INVOICE INFORMATION
Name/ Surname/ Title:
Address :
Telephone :
Email :
Invoice delivery: The invoice will be sent to your e-mail address when the contract is completed. Optionally, the invoice will be delivered to the invoice address along with the order at the time of order delivery.
6.GENERAL PROVISIONS
6.1. The BUYER accepts, declares and undertakes that he 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 the SELLER, that he is informed and gives the necessary confirmation in the electronic environment. BUYER's; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, 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. .
6.2. 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 residence, provided that it does not exceed the legal period of 30 days. In the event that the BUYER cannot deliver the product to the BUYER within this period, the BUYER reserves the right to terminate the contract.
6.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in accordance with the standards, in a sound manner, free from all kinds of defects. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
6.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
6.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, 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 14 days.
6.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that the SELLER's obligation to deliver the product subject to the contract shall expire if the contractual product price is not paid for any reason and/or is canceled in the bank records.
6.7. If the BUYER's credit card is used unfairly 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, or if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of any reason, The BUYER accepts, declares and undertakes that he will return the product subject to the contract to the SELLER within 3 days, with the shipping cost borne by the BUYER.
6.8. The SELLER 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 unforeseen circumstances that prevent and / or delay the fulfillment of the debts of the parties, which develop out of the will of the parties, it will notify the BUYER of the situation. However, if the above-mentioned developments are caused by the BUYER, the BUYER accepts, declares and undertakes that it will cover the damages arising from the result of its own actions. The BUYER has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER for legal reasons, the product amount is paid to him in cash and in one lump sum 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.
6.9. Communication, marketing, communication by letter, e-mail, SMS, telephone call and other means of the SELLER's 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 him later. has the right to reach the BUYER for notification and other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities. The SELLER does not have any responsibility if the SELLER cannot be reached as a result of the BUYER updating the information of the BUYER but not informing the SELLER.
6.10. The BUYER shall inspect the contracted 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. The costs incurred due to the exercise of the right of withdrawal must be borne by the BUYER.
6.11. 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 product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER from the bank of the card holder to submit a letter 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 demands are not met within 24 hours, the SELLER has the right to cancel the order.
6.12. 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 losses incurred by the SELLER due to the untrueness of this information, upon the first notification of the SELLER, in cash and in full.
6.1 3. The BUYER accepts and undertakes in advance 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.
6.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on 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.
6.15. On the website of the SELLER, links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given. These links are provided for the purpose of providing ease of orientation 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.
6.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
7. RIGHT OF WITHDRAWAL
7.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, without taking any legal or criminal responsibility and without giving any reason, he can use his right to withdraw from the contract by rejecting the goods.
It is possible to return or exchange our products whose invoice date has not exceeded 14 days , whose tags have not been removed and used, which have not lost their re-saleability feature, and which retain their original form.
A record must be kept for products that are not caused by shipment or user error during product delivery. Returns of non-recorded products will not be accepted. Products that do not comply with these conditions cannot be returned or exchanged.
Return cargo for the products for which the right of withdrawal will be used Sihir Mobilya San. ve Tic. Inc. In case of damage to the affordability of the products that cannot be returned, the shipping costs belong to the BUYER.
In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the BUYER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
7.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days, and the product has not been used within the framework of the "Products for which the Right of Withdrawal Can Be Used" regulated in this contract, and the products must not have lost their salability. If this right is exercised,
a) The invoice of the product delivered to the person or 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) Return form,
c) The products to be returned must be delivered complete 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 20 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of the BUYER's fault.
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.
8. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimwear and bikini bottoms, make-up materials, disposable products, kitchen utensils, goods that are in danger of spoiling quickly or that are likely to expire Products that are unsuitable for health and hygiene to be returned if their packaging is opened by the BUYER after delivery, 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, electronic Services performed instantly in the environment or intangible goods delivered to the consumer immediately, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, in case the package has been opened by the BUYER, cannot be returned as per the Regulation. In addition, before the expiry 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, in accordance with the Regulation.
Unopened packages for the return of cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes, stationery consumables (toner, cartridge, tape, etc.) and kitchen tools, They must be untested, intact and unused.
9. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares 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, 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 debt.
10. COMPETENT COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or the SELLER or where the consumer transaction is made, within the monetary limits specified in the law below, shall be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
As of 01/01/2017, the value in applications to be made to consumer arbitration committees for 2017:
This Agreement is made for commercial purposes.
11. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. 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.
SALES PERSON :
BUYER :
HISTORY :
Delivery Terms
The deliveries of the products you have ordered are made by Sihir Mobilya Sanayi ve Ticaret A.Ş. by free of charge. Deliveries are made within 14 days at the latest. Sihir Furniture Industry and Trade Inc. Sihir Mobilya Sanayi ve Ticaret A.Ş., in case of agreement with external cargo or transportation companies for deliveries to places where delivery is not available. 's responsibility ends after the delivery of the product to the agreed company. After this delivery, Sihir Mobilya Sanayi ve Ticaret A.Ş. does not accept any responsibility. The responsibilities of the third company contracted by the buyer, outside the company, belong to the buyer.
You can request a refund by contacting customer service within 14 days from the delivery date of your order. In order for the product to be returned, it must be unused, unpackaged or damaged for any reason, or not lose its originality. If the product defect is caused by the buyer or the exact time has passed, the return of the product is not accepted.