Sales Contract

PRE-INFORMATION

 

ARTICLE 1 SELLER INFORMATION

ARTICLE 1.1 - SELLER

Title: KARE TEKSTILE SANAYI VE DIS TIC. LTD. STI

Address: TERAZİDERE MAH. GÜNEŞ CAD. SINAN SOK. NO: 16 BAYRAMPAŞA / İSTANBUL

Phone: +90 212 517 48 16

Fax: +90 212 517 48 28

 

ARTICLE 1.2 - BUYER

Customer is as a member of the artimagaza.com shopping site. Address and contact information used while its members shall prevail.

ARTICLE 2 PRODUCT FEATURES THAT OFFER FOR SALE

The main features of the goods or services can be found at www.artimagaza.com. You can review the main features of the product during the campaign.

The prices listed and announced on the site are the sales price. The announced prices and promises are valid until the update is made and changed. The prices announced within a fixed time are valid until the end of the specified period.

It consists of the type of goods and services , quantity, brand / model, color, number, sales price, payment method, the information at the end of the order.

The shipping fees of the product will be paid by the BUYER and will not be refunded.

 

ARTICLE 3 - GENERAL RULES

3.1) The BUYER declares that he / she has read and has knowledge about the preliminary information about the basic features, sales price and payment method and delivery of the product subject to the contract on the website of artimagaza.com and declares that he / she has given the necessary confirmation electronicallyBUYER declares that he/ she has obtained the address required by the SELLER , the basic features of the products ordered, the price including the taxes, and the payment and delivery information by confirming this Preliminary Notice in electronic platform before distance sales contract.

3.2) The product subject to the contract shall be delivered to the BUYER or the person / organization at the address indicated in the preliminary information, provided on the website, depending on the distance of the BUYER's place of residence for each product provided, that it would not exceed the legal 30-day period.

3.3) The SELLER could not be held responsible for the failure to deliver the ordered product to the BUYER due to any problems encountered during the delivery of the product to the BUYER.

3.4) The SELLER is responsible for the delivery of the contracted product in a safe, complete, conforming with the features specified in the order and with warranty documents and user manuals .

3.5) The SELLER may supply a different product of equal quality and price making a notice to the BUYER obtaining its explicit approval before the expiry of the execute  obligation arising from the contract and.

3.6) If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER shall notify the consumer before the expiry of the execute obligation arising from the contract and return the total price to the BUYER within 10 days.

3.7) For the delivery of the product this hereby Information Form must be confirmed electronically. If in for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed free of the obligation to deliver the product.

3.8)After the delivery of the product, if the credit card of the BUYER is use unauthorized or unlawfully by unauthorized persons, which is not caused by BUYER's fault, if the related bank or financial institution does not pay the product cost to the SELLER, the BUYER has to return the product to the SELLER within 3 days, provided that it has been delivered to him/her. In this case, the shipping costs belong to the BUYER.

3.9) If the SELLER cannot deliver the product subject to the contract within the due period, due to force majeure or extraordinary conditions such as weather opposition, interruption of transportation, the seller is obliged to inform the BUYER. In this case, the BUYER may use one of the rights to cancel the order, to replace the product as per the contract subject with its equivalent and to postpone the delivery time until the elimination of the blocking condition. If the BUYER cancels the order, the amount paid shall be paid to him/ her in cash and fully within 10 days. For the payments made by the BUYER with credit card, the product cost is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the charge of this amount to the BUYER accounts after the return to the bank is entirely related to the transaction of the bank, the BUYER commit that the Seller may not be able to intervene in any way for possible delays and the refund of the amount returned by the Seller via the credit card to the bank may take an average of 2 to 3 weeks.

ARTICLE 4 :  RIGHT TO WITHDRAWAL

The Buyer  has right of withdrawal from the contract by refusing the goods in distance contracts for sale of goods, the product (Excluding Concert and Event Tickets)within 14 (fourteen) days from the date of delivery to himself or to the person / organization at the address without any legal and criminal liability and without any reason. In distance contracts for the provision of services, this period begins on the date of the contract. The right of withdrawal cannot be used in the service contracts that have started to be executed with the approval of the consumer before the right of withdrawal expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.

 In order to exercise the right of withdrawal, it is obligatory that the SELLER be notified by registered mail, fax or email within 14 days and that the product has not been used in accordance with the provisions of Article 5. If this right is exercised ;

  1. The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is institutional, it must be sent with the return invoice issued by the institution when returning it. Order refunds issued on behalf of institutions cannot be completed unless the RETURN INVOICE is issued.)
  2. Return form,
  3. The products to be returned must be delivered complete and undamaged, including box, packaging, standard accessories, if its has any.
  4. The SELLER is obliged to return the total price and the documents that put the buyer under the debt within 10 days from the receipt of the withdrawal notification to the BUYER and to receive the goods within 20 days.
  5. If there is a decrease in the value of the goods due to a reason caused by the BUYER's defect or if the refund becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of the fault.
  6. If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign shall be canceled.
  7. Due to the right of withdrawal, the cost of returned product will be covered by the SELLER for domestic orders, international orders will be covered by the Buyer.
  8. The SELLER does not refund the shipping fee charged by the BUYER when sell the products.

 

ARTICLE 5 :  PRODUCTS THAT CANNOT BE USED RIGHT TO WITHDRAWAL

The goods which are prepared in accordance with the BUYER's requests or prepared his/her personal needs, which are not suitable for being returned by nature and which are in danger of deterioration or that are likely to pass the expiry date, and that the sound or video recordings, software programs and computer Refund is not possible under the Regulation.

SELLER complaints and objections applications, consumer problems, may be brought to the arbitral tribunal or consumer court in the place where he / she purchases goods or services within the monetary limits determined by the Ministry of Industry and Trade in December each year . Information on the monetary limit is as follows :

Being valid from 01/01/2012 :

  1. The monetary limit is 1,161,67 TL regarding the decision of the arbitral tribunals of consumer problems in paragraphs 5 and 6 of Article 22 of the Law No. 4077 on the Protection of Consumers will be binding in the upper or lower consumer courts.
  2. b) In the third paragraph of Article 5 of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit of the provincial arbitration committees operating in the cities with the status of metropolitan status is 3.032, 65 TL.

 

It is hereby Information is provided for commercial purposes.

 

DISTANT SALES CONTRACT

ARTICLE 1 – THE PARTIES

 

1.1 - SELLER

Title: ******

Address: TERAZİDERE MAH. SINAN SOK. NO: 16 BAYRAMPAŞA İSTANBUL

Telephone : ****

Fax: ****

E-mail address : *****

 

1.2 – BUYER

Customer as a member of the artimagaza.com shopping site.

 

ARTICLE 2 – SUBJECT

Subject of this hereby contract, In relation to the sale and delivery of the below mentioned qualifications and sales price, which the buyer has made to order electronically from the website of the SELLER', Pursuant to the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, determination of rights and obligations of the parties.

 

ARTICLE 3 – CONTRACT PRODUCT

The order consists the type, quantity, brand, model, color, number, sales price ,payment method and the information of the product at the end of the order.

 

ARTICLE 4 - GENERAL RULES

4.1 BUYER declares that on the web site artimagaza.com, the basic characteristics of the product in question, the sales price and all terms of payment, including all taxes, and delivery and the costs thereof shall be covered by the BUYER also  delivery time, and has SELLER's full commercial title, regarding to full address and contact information, declares that it has read the preliminary information and has given the necessary confirmation in electronic platform.

 

Buyer confirms this agreement electronically, before the execute of distance contracts, address to be provided to the Consumer by the Seller, mainly  features of ordered products, the price of products including taxes, also that payment and delivery information has been obtained accurately and completely.

 

The contracted product,  it is delivered to the Buyer or the person / organization at the address indicated subject to not exceeding the legal 30-day period for each product depending on the distance of the BUYER's settlement within the period described in the preliminary information on the website. All cargoes related to the delivery shown in Article 3 shall be borne by the PURCHASER and shall be reflected in the invoice related to the order under the name of “Shipping Fee "

4.3 If the contracted product is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible for the failure of the person / organization to accept the delivery.

4.4 The SELLER cannot be held responsible for the failure of the ordered product to be delivered to the PURCHASER due to any problems encountered during the delivery of the product to Buyer.

4.5 The SELLER is responsible for delivering the contracted product in a durable , complete, conforming to the features specified in the order and with any warranty documents and manuals.

4.6 The SELLER may provide the BUYER with a different product of equal quality and price before the expiry of the fulfil obligations arising from the contract.

4.7 If the SELLER fails to fulfill its contractual obligations in the event that the ordered product or service becomes impossible to fulfill, The Seller shall notify the consumer before the expiry of the fulfil obligation arising from the contract and may supply the BUYER with a different product of equal quality and price.

4.8 For delivery of the contracted product, the signed copy of this hereby contract must be delivered to the SELLER and its price must be paid in the form of payment preferred by the BUYER. If in any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed free of the obligation to deliver the product.

4.9 The BUYER accepts and undertakes that the credit card information defined in the system during the purchase is correct and that he has all legal and criminal legal responsibilities arising from the use of this credit card. In case the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons after the delivery of the product, which is not caused by the BUYER's defect, The product must be sent to the SELLER within 3 days that has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER. If the BUYER does not return the product, in case the product is not collected from the credit card for any reason or the product is returned to the credit card, product price will be transferred to the bank accounts of the SELLER without any warnings.

4.10 If the SELLER cannot deliver the contracted product within the mentioned period due to force majeure or extraordinary conditions such as weather opposition, interruption of transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER may exercise one of the rights to cancel the order, to replace the product of the contract subject with a precedent, and / or postpone the delivery period until the elimination of the blocking condition. In case the BUYER cancels the order, the amount paid shall be paid to him in cash and fully within 10 days.

4.11 The points awarded to the customer by the SELLER through a campaign are valid only for one purchase. These points are not refundable even if the product is returned.

For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the charge of this amount to the BUYER accounts after its return to the bank is entirely related to the transaction of the bank, the BUYER states that it is not possible for the SELLER to intervene in any way for possible delays and that the amount returned to the credit card by the SELLER is reflected by the bank to the BUYER account and it may take up to 2 to 3 weeks on average.

 

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to him or to the person / organization at the address he has shown.

However, the product cannot be returned in the products prepared for the BUYER for certain days such as New Year's Day, Holidays, Mother's Day, offered for sale and / or imported, campaign and promotional products,  BUYER accepts these conditions and realizes the exchange.

In order to benefit the right of withdrawal, the Seller shall be notified by fax or email within 14 days and the product shall not be used within the scope of the provisions of Article 6.

If this right is exercised :

  1. The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns issued on behalf of the invoice institutions cannot be completed unless the RETURN INVOICE is issued)
  2. Return form,
  3. The products, which will be returned within 14 days, should be delivered complete and undamaged with the box, packaging and standard accessories. The product price is returned to the BUYER within 10 days following the receipt of these documents to the SELLER.

 

 

Due to the right of withdrawal, the shipping cost of the returned product shall be covered by the SELLER in domestic orders and by the BUYER in international orders. The SELLER does not refund the shipping fees charged by the BUYER when selling the product. When returning the product to the SELLER, the original invoice submitted to the BUYER at the time of delivery of the product (in order to ensure consistency in our accounting registry) must also be returned if the invoice is not sent to the SELLER with the product or within 5 days following the delivery of the product at the latest, the product will also be returned to the BUYER with a counter-payment. The invoice to be returned with the product shall be marked "return invoice ”and signed by the BUYER.

 

ARTICLE 6 - PRODUCTS THAT CANNOT BE USED RIGHT OF WITHDRAWAL

Refunding of the products are not accepted that are disposable products, replicable software and programs, products that are rapidly deteriorating or likely to exceed the expiration date .

 

ARTICLE 7- DEFAULT OF  DEBTOR

In the event that the BUYER is in default, the BUYER agrees to pay the SENDER's losses and damages due to the delayed execution of the debt. In the event that the BUYER's default is due to the SELLER's fault, the BUYER shall not be obliged to meet any claim for loss or damage.

 

ARTICLE 8 - AUTHORIZED COURT

In the implementation of this pre-information, up to the value declared by the Ministry of Industry and Trade Consumer Arbitration Committees and Consumer Courts are authorized in the place,  where the buyer buys the goods or services and where the residence is located. SELLER may be brought own complaints and objections applications problems in the place where he / she purchases goods or services within the monetary limits determined by the Ministry of Industry and Trade of Republic of Turkey  in December each year, to the arbitral tribunal or consumer court. Information on the monetary limit is as follows:

Effective starting from 28/05/2014;

  1. Pursuant to Article 68 of the Law No. 6502 on Consumer Protection It is mandatory to apply to district consumer arbitration committees for disputes whose value is below two thousand Turkish Liras, It is mandatory to apply to provincial consumer arbitration committees for disputes whose value is less than three thousand Turkish Liras,In cities with metropolitan status, the disputes between two thousand Turkish Liras and three thousand Turkish Liras are obligatory to apply to provincial consumer arbitration committees. Consumer arbitration committees may not apply for disputes above these values.
  2. In case of any dispute above the stated value, an application should be made to the Civil Court of First Instance in the capacity of Consumer Court in cases where there is no Consumer Court.

 

This hereby pre- information is provided for commercial purposes.

Please Note:

Before signing the shipping report, please check if your shipping package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo for a record to the cargo officer without signing any document about delivery. If there is any damage to your cargo package for any reason,Please return your cargo in order to keep a record to the cargo officer without signing any document about delivery, Your new products will be sent by us, immediately. Artimagaza.com is not responsible for the damage or deficiency of the products in case of delivery of damaged products.

 

All of these terms and conditions are subject to Turkish Law.

 

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