Article 1 - Parties
Name - Surname:
- ID No:
Article 2- Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the SELLER's website //freshscarfs.com.
The buyer acknowledges and agrees that s/he has been informed by seller appropriately to the internet environment in a clear, understandable way about the seller's name, title, address, telephone and other access information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities etc., where they can submit their complaints and objections, and that s/he has confirmed this preliminary information electronically and then ordered the goods in accordance with the provisions of this contract.
The preliminary information on the //freshscarfs.com and the invoice issued by the buyer are the integral parts of this contract.
Article 3- Product/payment/delivery Information Subject to the Contract
The type and kind, quantity, brand / model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the product / products purchased in electronic environment are as follows. The person to be invoiced and the person making the contract must be the same. The information below must be correct and complete. If this information is not correct or missing, the buyer agrees to any liability that may arise and any to meet any losses will arise from these cases.
In cases deemed necessary, the SELLER reserves the right to discontinue the order when the buyer’s information is incorrect. If SELLER determines a problem in the order, the SELLER will freeze the order for 15 (fifteen) days if he / she cannot reach to the BUYER through the phone and email addresses provided by the BUYER. The BUYER is supposed to contact with the SELLER about the issue during this period. During this period, if no response is received from the BUYER, the SELLER cancels the order for the good of both sides.
Name, code: … piece
Total Sales Price: ... - TL
Payment Method: Credit Card / Bank Transfer (EFT)
The Person/Institution to be invoiced:
Tax Registration Number:
Shipping Fee: … -TL
Article 4- Contract Date and Force Majeure
The contract date/....... /..../.... is the date on which the order was placed by the buyer.
The non-existing and unforeseen circumstances evolved outside the controls of the parties at the date of the signing of the contract, circumstances in which one or both parties fail to fulfill the obligations of liabilities and responsibilities, either partially or completely, shall be considered as force major (Natural disaster, war, terror, riot, other circumstances determined by the provisions of the legislation, seizure or strike, lockout ...). The affected Party shall notify the other party immediately and in written.
During the continuation of the force majeure, the parties shall not be held liable for their failure to perform their acts. In the event of the persistence of the force majeure condition for a period of 30 (thirty) days, each of the parties will have the right of unilaterally termination.
Article 5- Rights and Obligations of the Seller
5.1. The seller agrees and undertakes to fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, except for force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop at //freshscarfs.com. The seller will take the age that buyer specified on the contract as his/her true. However, the seller will not be in charge of in any way due to the misinforming of buyer regarding age.
5.2. Http://freshscarfs.com is not responsible for price inaccuracies caused by system errors. Based on this, the seller is not responsible for the promotions and price errors which may arise due to the system, design or interventions that can be made to the website illegally. The buyer cannot challenge the seller based on system errors.
5.3. You can shop at //freshscarfs.com by credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not remitted within a week after the date of the order are cancelled. The time of processing the order, is not when the order was placed, but when the collection was made through the credit card or money transfer (EFT's) is confirmed by us. Payments such as paid shipment or postal cheque performed without customer services cannot be accepted.
Article 6- Rights and Obligations of the Buyer
Buyer fully accepts and undertakes to comply with the liabilities in the contract, except for force majeure.
The buyer accepts and undertakes that s/he is deemed to have accepted the terms of business contracts by giving the order and to make the payment conforming to the form of payment specified in the contract.
6.3. The buyer acknowledges and agrees that s/he has been informed by seller appropriately in the internet environment in a clear, understandable way about the seller's name, title, address, telephone and other access information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities etc. where they can submit their complaints and objections, and that has confirmed this preliminary information electronically and then ordered the goods in accordance with the provisions of this contract.
6.4. Depending on the previous article, the Buyer declares to have read and been informed about the order / payment / usage procedure at //freshscarfs.com, which includes product order and payment conditions, product usage instructions, measures taken against possible situations and warnings, and have given the necessary confirmation electronically.
If the buyer wishes to return the product received, he/she agrees and guarantees not to damage the product and packaging under any circumstance, return the original invoice and bill.
Article 7-Order/Payment Procedure
The price of the products in the shopping cart are processed through a Bank Pos Device from the relevant bank including the VAT prices (in payments with installments total amount of installments) after the buyer confirms the price. Therefore, the orders are sent to the order confirmation to the customer before being shipped. Shipment is not done before order confirmation request is sent.
Any disruptions in the process or situation that may arise related to problems about the credit card are to be reported with any or all of telephone/fax/e-mail that the BUYER provided in the contract. If necessary, the buyer may be asked to contact the bank. The time of processing the order, is not when the order was placed, but when the collection was made through the credit card or money transfer (EFT's) is confirmed by us.
In the exceptional case of realizing that the goods subject to contract cannot be acquired for a rightful reason and/or a stocking problem is faced; the buyer is clearly and openly informed and with the buyers confirmation and consent the buyer may be provided with equal quality goods with an equal price or within the wish or the choice of the buyer a new product can be sent, or the buyer can wait for the product to be in stock or wait for the elimination of another obstacle for the delivery and/or the order may be cancelled.
In cases where the obligation to deliver is impossible regarding the goods in contract, the buyer is notified of the situation and full amount paid for goods or any documents that makes the buyer liable is returned to the buyer within 10 days at the latest and the contract is cancelled. In such a case there will be no demand for the material and moral damages from the seller to the buyer.
At //freshscarfs.com, buyers who do not want to use their credit card information on the internet are provided with cash transfer order opportunities. In payments by bank transfer the buyer can select the most suitable bank for transfer. If payment was made through EFT, the date of receiving the payment will be taken into account. For bank transfers and / or EFT while "Sender Information" is required to be the same as the invoice details and the order number must be written.
After the delivery of the goods to the buyer, if the bank or the financial institution does not pay for the price of the goods to the seller for the reason that the credit card of the buyer was used unrightfully and unlawfully without the mistake of the buyer , the buyer has to send back the delivered product within 10 days . In such cases the shipping expenses belong to the Buyer.
If buyer has opted to pay by credit card, BUYER confirms the related interest rates and information regarding default interest additionally from the bank, agrees, declares and undertakes the legal provisions will be applied in accordance with provisions in force related interest and default interest within the scope of "Credit Card Agreement" between the bank and the BUYER.
Article 8- Shipping / Delivery Procedures
With the sending of the order confirmation e-mail, the products / items are given to the seller's contractual courier company.
Product / products will be delivered by courier to the address of the recipient. Delivery time is 10 days after the order confirmation e-mail and issuing of the contract. Provided that the Purchaser to be notified in advance in writing or in a continuous data carrier, this period may be extended up to ten days.
Products are sent to the areas where the courier company do no make deliveries with phone notice.
There might be delays in areas where the courier delivers once a week, in the event of there are mistakes and lacks in delivery information, in circumstances which social phenomena and natural disasters occur. Seller cannot be held liable by the buyer due to such delays. The seller is not responsible for any extra shipping costs if the product is to be delivered to another person/company, if the company/person does not accept the delivery, any mistakes in the delivery information and/or the delivery recipient not being available at the delivery address. If the goods were not delivered within the specified time frame, delivery problems must be forwarded to [email protected] email address to the customer services.
In case the package is damaged, the packages should not be received by the buyer and the courier company official must be made to officially record the damage. If the courier company official is firmly in the opinion that the package is not damaged, the buyer holds the right to open the package that moment and ask for an official record of the condition of the goods delivered. After the packet is received by the recipient it is accepted that the cargo company has done their duty fully. If the package has not been accepted and minuted, the situation must be reported to Customer Service as soon as possible with a copy of the minutes remaining in the receiver.
Article 9 Product Returns And Procedures Related To The Right Of Withdrawal
If there is a defect in the product within seven days after receiving the goods, the buyer has the right to withdraw from the contract. In accordance with the general notification of the tax procedure law numbered 385, the buyer must fill in the return sections at the bottom of the 2 invoices of the seller delivered with the goods completely and correctly, sign and send a copy to the seller with the product and keep the other copy. The right of withdrawal starts from the day the goods are delivered to the buyer. The cost of returning the returned product or products must be paid by the buyer.
There is no right of withdrawal for goods prepared in line with the buyer's wishes and / or his personal needs (personalized products).
If the buyer uses his right of withdrawal, the seller will return the total price received within ten days from the receipt of the invoice together with the product, and any documents that put the consumer under debt, without incurring any expense to the consumer.
The decrease in the value of the delivered goods or the existence of a reason that makes it impossible to return does not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of the return is due to the consumer's fault, he / she must compensate the value or decrease in the value of the goods.
The general return period is 7 days for each product purchased inadvertently. During this period, the return of products that have been opened, used, destroyed and so on are not accepted. Returns must be made in original packaging.
In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging, and if the product is not returned in the state it was delivered to the buyer, the product will not be accepted and the price will not be refunded.
For product returns, the situation should first be communicated to customer service. The information about the return of the product is sent to the customer by the seller. After this talk, the invoice containing the information about the product return must be delivered to the seller via the courier company that delivers it to the address of the buyer. If the returned product that reaches the seller meets the conditions specified in this contract, it is accepted as a return, and the refund is made to the credit card / account of the buyer. No refund will be made until the product is returned. The reflection period of credit card refunds on credit card accounts is at the disposal of the relevant bank.
If the shopping is made with a credit card and in installments, the credit card refund procedure will be applied as follows: If the buyer has submitted the purchase request with the number of installments, the Bank pays the buyer in installments. After the seller pays the entire price of the product to the bank at once, in case the installment expenses made from the Bank POS are returned to the buyer's credit card, the requested refund amounts are transferred to the bearer accounts by the Bank in installments, not to cause a damage for the parties. The installment amounts paid by the buyer until the cancellation of the sale, if the return date and the card cut-off date do not coincide, 1 (one) refund will be reflected on the card each month and after the end of the installments of the sale, the buyer will receive installments as many as paid before the return and will be deducted from his/her current debt.
In the event of the return of goods and services purchased with a card, the seller cannot pay the buyer in cash in accordance with the contract made with the Bank. In case of a refund transaction, the merchant, namely the seller, will make a refund through the relevant software, and the merchant, the seller, is obliged to pay the relevant amount to the Bank in cash or on account, and the buyer cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the bank in one go.