Ask Online Application DISTANCE SALES CONTRACT
1. CONTRACTING PARTIES
Name / Surname / Title: Member Name
Phone: Members Phone
Email address: Member Email
MAM DIŞ TİCARET VE DANIŞMANLIK LİMİTİD ŞİRKETİ.
Address: HALASKARGAZI CAD, KUYUMCU IRFAN SOK, # 30 SISLI-ISTANBUL
Email address: firstname.lastname@example.org
2. SUBJECT OF THE AGREEMENT
From the BUYER’s www.askonline.app website owned by the SELLER (hereinafter referred to as SITE) Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette No. 27866 on 06.03.2011 and all other legal regulations and practices regarding the purchase / sale and delivery of the product (s) whose qualities and sales price are specified below. The determination of the mutual rights and obligations of the parties is the subject of this contract.
3. CONTRACT SUBJECT PRODUCTS
3.1 Product Delivery
Delivery of the product / products will be made to the address of the BUYER through the courier company. Even if the BUYER is not present at the time of delivery, the SELLER will be deemed to have fulfilled his / her action completely and completely. For this reason, the BUYER shall bear all kinds of damages caused by the BUYER’s late delivery of the product and the expenses incurred due to the waiting of the product in the cargo company and / or the return of the cargo to the SELLER.
3.2- Payment Method: Credit Card Cash and installment transaction (Please read the explanations below)
In the section above, there is information about how many installments the order total to be sent to your bank will be paid.
The BUYER agrees that, since the term sales are made only with credit cards belonging to the banks, it will also confirm the relevant interest rates and the information about the default interest from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER, declares and undertakes. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank.
4. GENERAL TERMS
4.1. BUYER, the basic features of the product (s), sales price, payment method, delivery and other He declares that he has read the preliminary information and has the information and that he has given the necessary confirmation electronically.
4.2. By confirming the preliminary information electronically, the BUYER, before the conclusion of the distance contracts, the BUYER / Consumer, the address, the basic features of the product (s) ordered, the Turkish Lira price of the product (s including taxes, payment and delivery information are also accurately and completely confirms that it has acquired.
4.3. The product / s subject to the contract shall be paid by the BUYER for each product, provided that they do not exceed the legal period of 30 days. Depending on the distance of the location, it is delivered to the BUYER or the person / organization at the address indicated in the preliminary information on the SITE within 3 working days.
4.5. SELLER, the product / s subject to the contract are intact, complete, with the qualifications specified in the order, warranty documents and usage, if any. is responsible for delivering with manuals.
4.6. The SELLER shall inform the BUYER before the contractual performance obligation expires and by obtaining its explicit approval, at equal quality and price. It can supply different product / s.
4.7. If the SELLER cannot fulfill the contractual obligations in case the delivery of the product (s) subject to the order becomes impossible, this situation will be the BUYER / Consumer before the expiry of the performance obligation arising and returns the total amount collected in cash and at once within 10 days to the BUYER.
4.8. For the delivery of the product (s), the pre-notification form must be confirmed electronically. If, for any reason, the product / s are not paid for or canceled in the bank records, the SELLER is relieved of the obligation to deliver the product.
4.9. After the delivery of the product (s), the credit card belonging to the BUYER is used by unauthorized persons not due to the BUYER’s fault. If the bank or financial institution does not pay the price of the product / s to the SELLER due to unfair or illegal use, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER. Otherwise, the BUYER accepts, declares and undertakes that the SELLER will apply any means in order to compensate him for the amount of the product with the interest.
4.10. If the SELLER cannot deliver the product (s) subject to the contract within the time limit due to force majeure, adverse weather conditions preventing delivery, interruption of transportation and other extraordinary circumstances, it shall inform the BUYER. In this case, the BUYER may use one of the rights (i) to cancel the order, (ii) to replace the contractual product (s) with a precedent, and / or (iii) to postpone the delivery period until the force majeure / blocking situation disappears. If the BUYER cancels the order, the total amount paid will be paid to him in cash and in lump sum within 10 days. In the payments made by the BUYER by credit card, the product / s amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER accounts after the return of this amount to the bank is completely related to the bank transaction process, the BUYER will not be able to intervene in any way for possible delays and the amount returned to the credit card by the SELLER is under the responsibility of the SELLER. knows and accepts that it is not.
In cases where the BUYER uses the right of withdrawal or the product subject to the order cannot be supplied for various reasons or the Arbitration Committee decides to return the price to the consumer, the shopping credit card If done with and in installments, the refund procedure to the credit card is as follows:
In product returns, only the product price is reimbursed except for defective product returns and there is no refund of the shipping fee paid during the order. As a result of the product return, if your order amount falls below the free shipping limit, the remaining balance will be deducted from the refund amount and the shipping fee incurred as a result of the return will be paid.
The Bank may make the refund to the BUYER in installments and the number of installments the BUYER bought the product for. After the SELLER pays the entire price of the product to the bank in one time, in case the installment expenses made from the Bank POS are returned to the BUYER’s credit card, the requested refund amounts can be transferred to the bearer accounts by the Bank in installments, in order to prevent the parties involved in the matter from falling into a victim. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card cut-off dates do not coincide, 1 refund will be reflected on the card each month and the installments paid by the BUYER before the return will receive as many months as the number of installments paid before the return and the available installments. may have fallen from debts.
In the event of the return of goods and services purchased by credit card, the SELLER cannot pay the Customer in cash in accordance with the contract made with the Bank. Credit card refund can be made by the Bank in accordance with the above procedure, after the SELLER has paid the bank the amount in one go.
In door-to-door transfer / EFT payment options, the refund will be made in the form of money transfer and / EFT to the account specified by the consumer (the account must be in the name of the person whose name is written on the invoice) by requesting bank account information from the consumer.
5. DEFAULT AND LEGAL RESULTS
In case the BUYER goes into default in the transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; The BUYER may demand the costs and the counsel’s fee from the BUYER and in any case, in case the BUYER goes into default due to his debt, the BUYER agrees to pay the loss and damage of the Seller due to the delayed performance of the debt.
6. RIGHT TO WITHDRAW FROM THE CONTRACT
BUYER; In distant contracts regarding the sale of product / s, the product / s may use the right to withdraw from the contract by refusing the product (s) within 14 (fourteen) days from the date of delivery to the person / organization at the address indicated, without any legal and criminal liability and without any justification. The costs arising from the use of the right to withdraw from the contract belong to the SELLER.
In order to use the right of withdrawal from the contract within 14 days, the SELLER must be notified by registered mail, fax or e-mail and the product field must not be used in accordance with the provisions of Article 6.
In case the right of withdrawal is exercised:
The product (s) delivered to the BUYER or the person / organization indicated by the BUYER
Important notice: If the invoice of the product / s to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order refunds, whose invoices are issued on behalf of institutions, will not be completed unless the RETURN INVOICE is issued.
(ii) box, packaging, standard accessories if any
It must be delivered complete and undamaged with .
The SELLER will return the total price and the documents that put the buyer under debt within 10 days from the receipt of the notice of withdrawal to the BUYER and He will return the product (s) within 20 days.
If there is a decrease in the value of the product (s) or the return becomes impossible due to the BUYER’s fault, the BUYER will compensate the SELLER’s damages at the rate of his fault.
The discount amount used within the scope of this campaign is canceled if the campaign limit amount set by the SELLER, if any, due to the right to withdraw from the contract.
7. PRODUCTS THAT CANNOT BE USED TO WITHDRAWAL FROM THE CONTRACT
Products that cannot be returned by nature; Returns of disposable products, reproducible software and programs, products that deteriorate rapidly or are likely to expire are not accepted. In addition, the BUYER cannot use the right of withdrawal in the following contracts.
a) Service contracts that started with the approval of the consumer before the right of withdrawal expires.
b) Contracts for goods whose price is determined in the stock market or other organized markets.
c) Prepared in line with the consumer’s wishes or expressly his personal needs, which is not suitable for return and is in danger of rapid deterioration or expiration date contracts for the delivery of goods.
d) Contracts for the delivery of periodicals such as newspapers and magazines.
e) Contracts for the performance of betting and lottery services.
f) Contracts for services performed immediately in the electronic environment and intangible goods delivered immediately to the consumer.
In order for the products listed below to be returned, (i) the product is unopened, (ii) (iii) the product must be unused and (iv) untested.
· All kinds of textile products
8. RECORD KEEPING IN CASE OF DELIVERY OF INCOMPLETE PRODUCTS
“If the BUYER has more than one product in his order, the shipments can be made by the SELLER in parts. The BUYER is obliged to check that the product number and the number of products specified in the invoice issued by the SELLER are the same during the delivery of the Product by the courier. A separate invoice is issued by the SELLER for each partial shipment. If the number of products specified in the invoice is not included in the package or is found missing, the BUYER is obliged to request a report from the cargo officer. Otherwise, it will be deemed that the Products in the amount included in the invoice have been delivered to the BUYER by the SELLER in full and completely and that the Products have been received by the BUYER in full.
9. CASE OF DISPUTES AND THE AUTHORIZED COURT
In the implementation of the contract, T.C. Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the product (s) or where he / she is domiciled up to the value declared by the Ministry of Customs and Trade are authorized.
SELLER’s complaints and objections are submitted to the T.C. Within the monetary limits determined by the Ministry of Customs and Trade in December each year, the product (s) can be made to the Consumer Arbitration Committee or to the Consumer Court at the place of purchase or residence.
Below is the information regarding the monetary limit
In accordance with Article 68 of the Law on the Protection of the Consumer No 6502, the district consumer arbitration committees were paid less than three thousand Turkish Liras in disputes below two thousand Turkish Liras. It is obligatory to apply to the provincial consumer arbitration committees in case of disputes, and to the provincial consumer arbitration committees in disputes between two thousand and three thousand Turkish Liras in cities with metropolitan status. For disputes over these values, no application can be made to consumer arbitration committees.
This contract is for commercial purposes.
|SELLER||MAM DIŞ TİCARET VE DANIŞMANLIK LİMİTİD ŞİRKETİ|