DISTANCE SELLING AGREEMENT ARTICLE 1 - PARTIES
1.1. SELLER:
Trade Name: Haliç Kurumsal
Address: Sinpaş İş Modern; İkitelli OSB Mah. Heskoop G Blok Sk. Ground Floor No: G16 Başakşehir / Istanbul
Phone: +90 212 272 37 58
E-mail: bilgi@halickurumsal.com
Website: halickurumsal.com
2- BUYER:
Name-Surname / Trade Name:
Address:
Phone:
E-mail:
ARTICLE 2 - SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers ("Law") and the Distance Contracts Regulation ("Regulation") regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the website halickurumsal.com (“Website”) belonging to the SELLER.
ARTICLE 3 - PRODUCT SUBJECT TO THE AGREEMENT
The total price of the product or products subject to the agreement, including Value Added Tax (VAT), is as stated on the website. The type, quantity, brand/model, size, color, number of units and sales price of the goods/product or service are as specified in the “Product Details” section on halickurumsal.com. No additional cost is charged to consumers due to the use of the website through which the order is placed.
Product Name:
Color:
Size:
Quantity:
Total Price:
Subtotal:
Delivery Method:
Delivery Address:
Person to Receive Delivery:
Invoice Address:
Delivery Date: Shipment will begin within 5 (five) business days from the date the order is created. In case of any problem with the shipment, this period may be extended up to a maximum of 30 days from the date the order is submitted, in accordance with consumer legislation.
Shipping Fee: The product(s) subject to the agreement shall be delivered to the BUYER or to the person/organization at the address indicated by the BUYER by the cargo company contracted by the SELLER, within the period specified in the preliminary information on the Website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed 30 days from the order date. The cargo company contracted by the SELLER as of the approval date of this Agreement is Yurtiçi Kargo.
ARTICLE 4 - GENERAL PROVISIONS
4.1- The BUYER declares that they have read and been informed about the basic characteristics, sales price, payment method and preliminary delivery information of the product or products subject to the agreement on halickurumsal.com and that they have given the necessary confirmation electronically.
4.2- The product or products subject to the agreement shall be delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period stated in the preliminary information agreement on the website, depending on the distance of the BUYER’s place of residence, provided that the legal 3-day period is not exceeded.
4.3- If the product or products subject to the agreement are to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to receive the delivery does not accept the delivery. The cargo must be delivered to the name of the person specified. A second recipient name may be provided. A phone number must be provided together with the name.
4.4- The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problem encountered by the cargo company during delivery to the BUYER.
4.5- The SELLER is responsible for delivering the product subject to the agreement in sound and complete condition, in accordance with the specifications stated in the order, and, where required by legislation, together with warranty certificates and user manuals.
4.6- If the SELLER cannot fulfill its obligations under the agreement due to the impossibility of fulfilling the ordered product or service, it shall notify the consumer in writing or via a permanent data storage medium within 3 (three) days from the date it becomes aware of this situation, and shall refund all payments collected, including delivery costs if any, within 14 (fourteen) days from the notification date. If possible, the SELLER may supply the BUYER with a different product of equal quality and price.
4.7- For the delivery of the product subject to the agreement, this agreement must have been accepted electronically by the BUYER on halickurumsal.com while creating the order, must have been sent by the SELLER to the BUYER by e-mail, and the price must have been paid by the BUYER using the payment method selected by the BUYER.
If the product price is not paid for any reason or is cancelled in bank records, the SELLER shall be deemed released from the obligation to deliver the product.
4.8- If, after delivery of the product, the BUYER’s credit card is used unfairly or unlawfully by unauthorized persons without any fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must return the product or the product price to the SELLER within 3 (three) days, provided that the product has been delivered to the BUYER. In this case, shipping costs shall belong to the BUYER.
4.9- If the SELLER cannot deliver the product subject to the agreement within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the agreement with an equivalent product if any, and/or postpone the delivery period until the obstacle is removed.
If the BUYER cancels the order, the amount paid shall be refunded in cash and in full within 14 (fourteen) days.
4.10 In payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 (fourteen) days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER’s account after the refund to the bank is entirely related to the bank’s transaction process, the BUYER acknowledges and accepts that it is not possible for the SELLER to intervene in any possible delays and that the period required for the amount refunded by the SELLER to the credit card to be reflected by the bank to the BUYER’s account is not under the responsibility of the SELLER.
In cases where the BUYER exercises the right of withdrawal, or where the product subject to the order cannot be supplied for various reasons, or where a refund to the Consumer is decided by the Consumer Arbitration Committee, if the purchase was made by credit card and in installments, the credit card refund procedure is as follows:
The bank may make the repayment to the BUYER in installments and in the same number of installments in which the BUYER purchased the product. After the SELLER pays the full product amount to the bank in one payment, in the event that installment purchases made through bank POS terminals are refunded to the BUYER’s credit card, the requested refund amounts may be transferred by the bank to the cardholder’s accounts in installments in order to prevent the parties involved from suffering any loss.
If the refund date and the card statement date do not coincide, one refund will be reflected on the card each month for the installment amounts paid by the BUYER until the cancellation of the sale. After the installments of the sale are completed, the BUYER may receive refunds for as many months as the number of installments paid before the refund, and these amounts may be deducted from the existing debt. In the event of the return of goods and services purchased by credit card, the SELLER cannot make a cash payment to the Customer pursuant to its agreement with the bank. The refund to the credit card may be made by the bank in accordance with the above procedure after the SELLER pays the amount to the bank in one payment.
If it is determined by halickurumsal.com that the member has abused halickurumsal.com campaigns, the sales system or the website by taking advantage of any loophole in halickurumsal.com campaigns, the sales system or the website, causing damage to halickurumsal.com, obtaining unfair benefit, making repeated transactions, performing acts contrary to the truth, or benefiting from campaigns or sales conditions despite not meeting the required conditions, halickurumsal.com shall have the right, in addition to all legal rights arising from the law, to cancel the relevant transaction, terminate the user’s membership, and unilaterally terminate the sales agreement immediately.
4.11 The BUYER gives consent to receive all kinds of commercial electronic communications to be sent by the SELLER. Within this scope, the BUYER accepts and declares that the SELLER may send all kinds of electronic messages/SMS/fax, etc. for information, marketing and/or advertising purposes via automatic calling systems such as fax, electronic mail, short message systems operating without human intervention, or through other means of communication, without obtaining any further prior permission from the BUYER. The BUYER may unsubscribe from receiving electronic communications under these terms of use at any time without giving any reason; for this purpose, it shall be sufficient to notify the SELLER of this request by using the contact information included in the call or message. The SELLER shall ensure that the opt-out request can be submitted easily and free of charge and shall fulfill the request within 3 (three) business days following receipt of the request.
4.12 By confirming this agreement electronically, the BUYER confirms that they have accurately and completely obtained the Preliminary Information Form, including the address that must be provided to the Consumer by the Seller before the conclusion of distance contracts, the basic characteristics of the ordered products, the prices of the products including taxes, and payment and delivery information.
The BUYER declares that they have read and been informed about the basic characteristics of the product subject to the agreement on halickurumsal.com, the sales price including all taxes, payment method, delivery and the fact that delivery costs will be borne by the BUYER, the delivery period, and the full trade name, full address and contact details of the SELLER, and that they have given the necessary confirmation electronically.
4.13 Even if the buyer is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation completely and properly. Therefore, all damages arising from the buyer’s late receipt of the product and expenses arising from the product being kept at the cargo company and/or returned to the SELLER by the cargo company shall belong to the BUYER.
4.14 If, after delivery of the product(s), the BUYER’s credit card, bank card, debit card or other payment systems offered on the Website and Mobile Application are used unfairly or unlawfully by unauthorized persons without any fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must return the relevant product to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. Otherwise, the BUYER accepts and undertakes that all legal actions may be taken against them.
4.15 If the product purchased by the BUYER is not available in the stock of the supplier company from which the SELLER receives service and if there is no equivalent product of equal quality and price, the SELLER reserves the right to refund the amount paid by the BUYER.
4.16 If the SELLER cannot deliver the product subject to the agreement within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, if the BUYER cancels the order, the amount paid shall be refunded to the BUYER within 14 (fourteen) days in one payment, using the payment instrument used when purchasing the product(s).
ARTICLE 5 - RETURN AND EXCHANGE RIGHTS
Regarding return rights:
-There is a right of return.
-The return period is three business days.
-Products that have not been returned within three days and whose return period has expired are not accepted.
-Shipping costs of returned products are paid by the customer.
Regarding exchange rights:
-There is a right of exchange.
-The maximum return shipment period for exchange is two weeks.
-If damaged products are detected during exchanges, the customer will be informed of the additional cost.
-The exchange request may be used a maximum of two times.
-Returns are not possible for products for which multiple exchanges are requested.
-Exchange shipping costs belong to the customer.
SELLER: Haliç Kurumsal
BUYER:
Name-Surname / Trade Name:
Date: