Distance Sales Agreement
- PARTIES
1.1 SELLER:
TITLE: Birlik Mensucat Ticaret Ve Sanayi İşletmesi A.Ş.
ADDRESS: Osman Kavuncu Neighborhood. Mensucat Ave. No: 22 Melikgazi Kayseri
PHONE: +90 850 308 19-51
FAX: 0 352 322 12 77
E-MAIL: : iletisim@birlikmensucat.com
1.2 PURCHASER:
NAME SURNAME/ TITLE:
ADDRESS:
PHONE:
EMAIL:
- SUBJECT
The subject of the present agreement is to determine the rights and obligations of the parties in accordance with the Law on Distance Agreements, the Distance Agreement Regulation and other relevant legislation regarding the Consumer Protection Law in force for the sale and delivery of the product which the PURCHASER orders electronically from the SELLER's website www.Soley.com.tr, has the qualifications mentioned in the agreement with the preliminary information form and the sales price is specified in the contract.
PURCHASER in accordance with the provisions of the present agreement, accepts and declares that they are informed about the basic characteristics of the product subject to sale, sales price, payment method, delivery conditions, etc. and that they have confirmed electronically the preliminary information about the product subject to sale and the right of "withdrawal", and subsequently ordered the product. The preliminary information and invoice on the payment page found on www.Soley.com.tr website are integral parts of this agreement.
- PRODUCT INFORMATION:
PRODUCT NAME:
PIECE:
SALE PRICE:
DELIVERY PRICE OF THE PRODUCT INCLUDING ALL TAXES
Total Price of the Product:
Total Tax (VAT) of the Product:
Total Shipping Fee:
Total Delivery Price:
Sales price including product variety and type, quantity, brand/model, color and all taxes are as stated in the information on the product advertisement page on the www.Soley.com.tr website and in the invoice, which is considered an integral part of this agreement.
- PROVISIONS REGARDING THE DELIVERY OF THE PRODUCT
4.1 . The product shall be delivered to the address ………………………………………………, where the PURCHASER has requested delivery in the preliminary information form and in this agreement, through the cargo company, and to the person named ................................. .
4.2. Delivery costs belong to the PURCHASER. Even if the PURCHASER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. The SELLER is not responsible for any damages arising from the PURCHASER's late reception of the product and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo to the SELLER.
4.3. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER's account. The SELLER delivers the product within the legal period of 30 (Thirty) days from the order. If the SELLER cannot deliver the product subject to the agreement within the deadline due to extraordinary circumstances such as stock depletion and similar commercial impossibilities, unexpected situations, force majeure or adverse weather conditions which prevent transportation, interruption of transportation, it is obliged to notify the PURCHASER of the situation. In this case, the PURCHASER may exercise one of the rights to cancel the order, replace the product subject to the agreement with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the PURCHASER cancels the order, the amount paid shall be paid in cash and at once within 14 (fourteen) days.
4.4. For the delivery of the product subject to the agreement, the "Preliminary Information Form" and this Distance Sales Agreement must be approved electronically by the PURCHASER and the price must be paid by the payment method preferred by the PURCHASER. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be free from the obligation to deliver the product.
- RISK AND OWNERSHIP
As long as the Customer accepts delivery via the courier/cargo company determined by Soley, all benefits and damages related to the products until delivery shall be Soley's liability. Ownership of the products passes to the customer upon delivery of the product in question to the customer or the person at the delivery address. (transfer of ownership).
6.REJECTION OF THE ORDER
Soley reserves the right at all times to withdraw any product from the website and/or to remove or correct any material or content on the website. Although Soley shall use all reasonable efforts to process all orders submitted to it, it always reserves the right to refuse to fulfill or confirm an order if unusual circumstances occur after it has received an order or sent an Order Confirmation to the customer. Soley shall not be liable to the customer or any third party for withdrawing any product from the website, removing or correcting any material or content, or refusing to fulfill or confirm an order after receiving it or sending an Order Confirmation.
7. FAILURE TO DELIVERY
If delivery is not possible, the product/s shall be returned to the warehouse. If delivery is not possible, the Customer is informed of the location of the product subject to the order and how to re-arrange delivery. If the customer is not at the delivery location at the agreed time, he/she must contact Soley to rearrange delivery to another suitable day. If the product subject to the order is brought to the delivery address but the delivery is not made due to a reason not caused by Soley and the Customer does not contact Soley for delivery within the following fifteen (15) days, the agreement may be terminated on the grounds that the customer has acted contrary to the Agreement. As a result of the termination of the agreement, Soley shall return to the customer all payments received from the customer, including the cost of delivery (excluding any additional costs arising from any delivery method requested by the customer other than the usual delivery method offered by Soley), without any unreasonable delay, in any event, within the next fourteen (14) days after the termination of the agreement. The Customer acknowledges that there may be additional costs for shipping resulting from termination of the Agreement and it should not be forgotten that Soley shall have the right to pass this cost on to the customer.
- PURCHASER'S REPRESENTATIONS AND COMMITMENTS
8.1. PURCHASER accepts that the delivery made to the delivery address notified and to the person present at this address during delivery shall be deemed as delivery to the PURCHASER.
8.2 . After the delivery of the product to the PURCHASER, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the PURCHASER's credit card by unauthorized persons, which is not due to the PURCHASER's fault, the PURCHASER is liable to return the product to the SELLER within 3 (three) days, in case it had been delivered to him/her. In this case, shipping costs are the liability of the purchaser.
8.3. Since forward sales are made only with credit cards belonging to banks, the PURCHASER accepts and undertakes that he/she shall separately confirm the relevant interest rates and default interest information from his bank, and that the provisions regarding interest and default interest shall be applied within the scope of the credit card agreement between the Bank and the PURCHASER, in accordance with the provisions of the legislation in force. In installment transactions, the relevant provisions of the agreement signed between the PURCHASER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the agreement between the bank and the PURCHASER. PURCHASER can also follow the number of installments and payments from the account statement sent by the bank.
8.4. If the PURCHASER cancels the order placed by paying by credit card by using his/her right of withdrawal or for any other reason specified in this agreement, the PURCHASER shall be informed that the average process for the amount returned to the credit card by the SELLER to be reflected in the PURCHASER's account by the bank may take up to 2 to 3 weeks. Since the reflection on the PURCHASER's accounts after the return to the bank is entirely related to the bank transaction process, the PURCHASER accepts, declares and undertakes that he cannot hold the SELLER liable for possible delays.
- PURCHASING WITHOUT REGISTRATION
It is also possible to purchase products on the website without becoming a member. In this type of purchase, the customer is asked only for information necessary to process the order. Once the customer completes the purchasing process, they are given the option to register as a user or continue as a user without registering.
- SELLER'S REPRESENTATIONS AND COMMITMENTS
10.1. SELLER is responsible for delivering the product subject to the agreement intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
10.2. If the product subject to the agreement is to be delivered to a person/organization other than the PURCHASER, the SELLER cannot be held liable if the person/organization to be delivered does not accept the delivery.
10.3. The SELLER acknowledges that the PURCHASER has the right to withdraw from the agreement within 14 (fourteen) days from the date of the receiption of the product without giving any justification and without paying any penalty (except for the products for which the right of withdrawal cannot be exercised as listed in Article 7), and from the date on which the PURCHASER's notification of withdrawal reaches the SELLER or the supplier. They accept and declares that they can return the product within 10 (ten) days from the date of purchase. The SELLER shall provide the refund in accordance with the consumer's purchasing method within 14 (fourteen) days from the date of receiption of the notification regarding the exercise of the right of withdrawal. The delivery cost of the product returned due to the right of withdrawal is covered by the SELLER.
10.4. If the SELLER thinks that the performance of the product has become impossible, he shall notify the PURCHASER before the performance period of the agreement expires. In this case, the PURCHASER may exercise one of his rights to cancel the order, replace the product subject to the agreement with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the paid price will be refunded within 14 (fourteen) days.
- LINKS FROM OUR WEBSITE
There may be links from Soley's website to third party websites or materials; these links are for informational purposes only and Soley has no control or liability for the contents of these websites or materials. Similarly, Soley does not accept liability for any loss or damage which may arise from the use of such links.
- RIGHT OF WITHDRAWAL
PURCHASER; in distance agreements for product sales, can exercise their right to withdraw from the agreement within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated, without giving any reason and without paying any penalty. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. In order to exercise the right of withdrawal, written notification to the SELLER within 14 (fourteen) days is sufficient, but the proof of the exercise of the right of withdrawal belongs to the PURCHASER.
The right of withdrawal cannot be exercised for products which are used contrary to the instructions for use, produced in accordance with the PURCHASER's special requests and demands, or personalized by making changes or additions.
In case the right of withdrawal is exercised;
- a) The invoice of the product delivered to the person or the PURCHASER, (If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the PURCHASER. 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 it. The invoice is on behalf of the institutions. Order returns issued will not be completed unless a RETURN INVOICE is issued.)
- b) Return form,
c) The products to be returned must be delivered complete with their box, packaging and standard accessories, if any.
PURCHASER is obliged to return the product to SELLER within 10 (ten) days after exercising his right of withdrawal. The SELLER will also make the refund in accordance with the consumer's purchasing method within 14 (fourteen) days from the date of the receiption of the withdrawal notice. PURCHASER is obliged to compensate SELLER for damages if he acts contrary to the Consumer Protection Law and relevant Regulations.
- DEFAULT AND LEGAL CONSEQUENCES
If the PURCHASER defaults on his credit card transactions, the cardholder shall pay interest within the framework of the credit card agreement made with the bank and shall be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees which may arise from the PURCHASE, and under any circumstances, in case of default due to the PURCHASER's debt, the PURCHASER agrees to pay the SELLER's losses and damages arising from the delayed performance of the debt.
- AUTHORIZED COURT
In disputes which may arise from this agreement, Consumer Arbitration Committees and Consumer Courts in the place where the consumer purchases the goods or services or where he resides are authorized, up to the value declared by the Ministry of Customs and Trade.
- FORCE
If the payment for the order placed on the site is made, the PURCHASER shall be deemed to have accepted all the conditions of this agreement. The SELLER is obliged to make software arrangements which will ensure that orders cannot be placed on the site without receiving confirmation on the agreement in question has been read and accepted by the PURCHASER.
SELLER
Birlik Mensucat Ticaret Ve Sanayi İşletmesi A.Ş.
