distance sales contract
1 – PARTIES
- Seller Name / Title: Elif BİRAV
- Full Address of the Seller: Teşvikiye Mah. Akkavak Sk. Hacı Ömer Apt. 18/3 Şişli/İSTANBUL
- Seller’s Phone:
- Merchant Mersis No:
- Merchant Email Address:
- The Shipping Company That the Buyer Will Send the Goods to the Seller on Return:
- Name and surname :
- Telephone :
- Email :
SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Contract (“Contract”) has been prepared in accordance with the Law No. 6502 on Consumer Protection (“Law”) and the Regulation on Distance Contracts. The parties of this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under this Agreement.
Subject of this Agreement; Regarding the sale and delivery of the goods or services specified in the Agreement, the Buyer’s electronic order for the purchase of the goods or services belonging to the Seller from the website www.boholoves.com(“Website”). In accordance with the provisions of the Law and Regulation on Distance Contracts, determination of the rights and obligations of the parties.
The conclusion of this Agreement will not prevent the performance of the provisions of the Website Membership Agreements that the parties conclude separately.
BASIC QUALITIES AND PRICE OF THE CONTRACT SUBJECT GOODS AND SERVICE (INCLUDING TAX)
|Product Code And Name||Piece||Dealer Title||Unit Price||Unit Discount||Coupon||Point||Total Sales Amount||Interest||Tax Included|
Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
- Total product price excluding shipping:
- Shipping cost:
- Total Price Including Cargo:
- Payment Method and Plan:
- Maturity Difference Received:
- Interest rate used in the Maturity Difference account:
THE PRODUCT COST IS SUBJECTED TO THE SELLER, UNDER THE PAYMENT PROTECTION SYSTEM.
GOODS DELIVERY AND DELIVERY METHOD
The contract has come into force by being approved by the Buyer in electronic environment and is performed by the delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified in the Buyer’s order form and this Agreement and to the authorized person (s) specified.
DELIVERY EXPENSES AND PERFORMANCE
Unless there is a provision contrary to the delivery costs of the goods, it belongs to the Buyer. If the seller declares on the Website that the delivery fee will be covered by him, the delivery costs will belong to the Seller.
Delivery of the goods; It is done within the promised time after the payment is made. The Seller delivers the good or service within 30 (thirty) days from the date of ordering the good or service by the Buyer, provided that the performance of the goods or services subject to the order becomes impossible.
If, for any reason, the price of the goods or services is not paid by the Buyer or the payment made is canceled in the bank records, the Seller is deemed free from the obligation to deliver the goods or services.
In the order cancellations made by the Buyer after the goods are shipped by the Seller but before the delivery by the Buyer, the Buyer is responsible for the shipping cost.
In cases where it is impossible to fulfill the performance of the goods or services subject to the order, the Seller will inform the Buyer within 3 (three) days from the date of this situation and 14 (fourteen) days at the latest from the date of notification of all payments, including delivery costs, if any. will refund in.
DECLARATION AND COMMITMENTS OF THE BUYER
The Buyer declares that he has read and learned the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Website and gives the necessary confirmation in electronic environment.
Buyers, as consumers, can submit their requests and complaints using the Seller contact information above and/or through the relevant section on the Website.
The Buyer confirms this Agreement and the Preliminary Information Form electronically, by confirming the address to be given to the Buyer by the Seller before the conclusion of the distance agreements, the basic features of the ordered good or service, the price of the good or service including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Buyer’s damaged, broken, torn packaging etc. at the time of delivery. In case of receiving the goods or service subject to the contract, which is clearly damaged and defective, from the cargo company, the responsibility belongs entirely to him.
In case the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Buyer’s credit card by unauthorized persons after the delivery of the goods or services, provided that the Buyer has delivered the goods. or return the service to the Seller within 3 (three) days. In this case, the delivery costs belong to the Buyer.
DECLARATION AND COMMITMENTS OF THE SELLER
The seller is responsible for delivering the contractual goods or services to the Buyer in accordance with the consumer legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
If the seller cannot deliver the goods or services subject to the contract within the period due to force majeure or extraordinary situations preventing the transportation, the seller is obliged to notify the Buyer within 3 (three) days from the date he learned.
If the goods or service subject to the contract is to be delivered to another person from the Buyer, the Seller cannot be held responsible for the person not to accept the delivery.
RIGHT TO WITHDRAWAL
The buyer can exercise his right to withdraw within 14 (fourteen) days from the date of delivery for the sale of goods and the date of purchase for the services related to the sale of the service, without taking any legal and criminal liability and without any justification. The buyer can use his right of withdrawal within the period until the delivery of the goods.
The Buyer can exercise his right of withdrawal by contacting the Seller via e-mail. Along with the goods, the invoice, the box of the goods, the packaging, standard accessories, if any, and other products that are gifted with the goods must be returned in a complete and undamaged manner. The buyer is not responsible for the changes and distortions that occur if they use the product in accordance with its operation, technical features and instructions for use during the withdrawal period.
As long as the buyer sends the goods to be returned to the Seller with the contracted cargo company of the Seller specified in the Preliminary Information Form, the return shipping fee belongs to the Seller. In the event that the Seller specified in the Preliminary Information Form to be returned by the Buyer, the Seller is not responsible for the return shipping cost and the damage that the product will suffer during the shipping process.
All payments made by the Buyer to the Seller or Intermediary Service Provider regarding the relevant good or service within 14 (fourteen) days after the Buyer’s right of withdrawal is used (provided that the goods are returned via the carrier specified by the Seller for return). will be returned to the consumer in a convenient manner, without any cost or obligation, and in one go. In purchases made using credit, the product price will be refunded to the account associated with the credit when the right of withdrawal is duly used.
CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to the legislation, the Buyer cannot exercise the right of withdrawal in the following situations:
In contracts relating to goods or services whose price varies depending on fluctuations in the financial markets and which are not under the control of the Seller (eg products in the category of jewelery, gold and silver); In the contracts related to the delivery of goods that are prepared in accordance with the wishes of the Buyer or clearly his personal needs, which are not suitable for returning in nature, and that are at risk of deterioration or may expire; After the delivery, the protective elements such as packaging, tape, seal, package are opened; In the contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene; In the contracts for goods that are mixed with other products after delivery and cannot be separated by their nature; In the contracts regarding books, audio or video recordings, software programs and computer consumables provided in material environment provided that the protective elements such as packaging, tape, seal, package are opened by the buyer; In contracts related to the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement; In the contracts for accommodation, goods transportation, car rental, food and beverage supply and for the evaluation of leisure time for entertainment or rest; In the contracts regarding the performance of services related to betting and lottery; Before the end of the right of withdrawal, in the contracts regarding the services that started with the approval of the consumer; and in contracts regarding intangible goods delivered instantly to the consumer with electronic services (gift cards, gift vouchers, money substitutes, etc.).
In accordance with the legislation, we state that the right of withdrawal cannot be used in our products that are opened and worn by the Buyer, since it has been specified that the right of withdrawal from goods whose protective elements are opened is not suitable for health and hygiene.
SOLUTIONS OF DISPUTES
Responsibility for the goods or services sold under the Law and Regulation on Distance Contracts belongs to the Seller. In addition, the Buyer will directly convey the complaints about the goods and services they have purchased to the Seller. If the complaint is communicated, the Seller will provide all possible support to resolve the problem.
In disputes related to this Distance Selling Contract; Up to the value declared by the Ministry of Customs and Trade every year, the Arbitration Committees of the Provincial or District Consumer Problems in the Purchaser’s place of residence or where the residence is located, and the Consumer Courts are authorized in disputes over the mentioned value.
PRICE OF GOODS / SERVICES
The cash or forward sale price of the goods is included in the order form, but is the price available in the invoice content sent to the customer along with the information e-mail sent at the end of the order. Discounts, coupons, shipping costs and other applications made by the seller are reflected in the sales price.
DEFAULT CARE AND LEGAL RESULTS
In the event that the Buyer defaults in the transactions he / she has done with the credit card, the card holder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank himself. In this case, the bank may apply to legal means; The Buyer shall be responsible for the costs and the attorney’s fee arising from the Buyer, and in case of any default due to the Buyer’s debt, the Buyer shall be responsible for the loss and loss suffered by the Seller due to the delayed performance of the Buyer’s debt.
NOTIFICATIONS AND EVIDENCE AGREEMENT
Any correspondence between the parties under this Agreement shall be made via > Product Questions or e-mail on the Website, except for the compulsory cases listed in the legislation. In the case of disputes that may arise from this Agreement, the Purchaser’s official books and commercial records, the electronic information and computer records kept in its database, on its servers, will constitute binding, conclusive and exclusive evidence, evidence agreement in the meaning of article 193 of the Civil Procedure Law. accepts, declares and undertakes that it is qualified.
This Agreement, consisting of 14 (fourteen) articles, was read and signed by the parties, and was approved by the Buyer in electronic environment and entered into force.