DISTANCE SALES CONTRACT
This contract was prepared due to the obligation of making contracts for the sales performed on Internet as per Regulation on Distant Contracts Implementation Procedures and Principles published on Official Gazette dated 27.11.2014 and numbered 29188 and its articles are as follows.
ARTICLE 1 PARTIES
SELLER : MS Global Interaktif Dış Ticaret
MEHMET AKIF MAH. BURCU SOK. NO:7/4 SULTANBEYLI ISTANBUL
Sultanbeyli V.D. 3730251835
Telephone : +90 850 888 3425
E-mail : firstname.lastname@example.org
ARTICLE 2 SUBJECT OF THE CONTRACT
Subject of this contract is to comprise rights and obligations of the parties as per provisions of Law on Consumer Protection numbered 4077-Regulation on Distant Contracts Implementation Procedures and Principles regarding sale and delivery of the products properties and sale prices of which are specified below and which were sold by the SELLER to the PURCHASER on electronic environment on www.highlightlamps.com web site. PURCHSER shall accept and declare in accordance with the provisions of this contract that s/he is informed on basic properties, sale prices, payment methods and delivery conditions of the goods/services and all preliminary information on mentioned goods/services and right of withdrawal; s/he approved this information on electronic environment and then s/he ordered the goods/service.
Preliminary information on the payment page of www.highlightlamps.com and sale invoice of the SELLER are indispensible parts of this contract.
ARTICLE 3 CONTRACT DATE
This contract in two copies, which was previously signed by the SELLER, was signed and accepted by the PURCHASER on 28/02/2019 and one copy of it was sent to the email address of the PURCHASER.
ARTICLE 4 GENERAL PROVISIONS
4.1 PURCHASER shall declare that s/he has read all preliminary information regarding the basic properties, sale price and payment method and delivery of the product or products which are the subject of the contract specified in Article 2 and gave the necessary approval on electronic environment.
4.2 If the goods/services in the Contract are in an area where cargo company used by the SELLER is providing service, it will deliver the product to the address the PURCHASER requested. If not so, delivery to the PURCHASER shall be made to the branch of the relevant cargo organization that is closest to PURCHSER’s address. Delivery costs shall belong to the PURCHASER. SELLER shall show the delivery cost to the PURCHASER at ordering stage and s/he shall approve it and SELLER shall recover it from the PURCHASER within the scope of its invoice. If the SELLER declared that delivery costs of those purchasing more than the amount specified in its web site would be covered by the SELLER, delivery cost of the relevant order shall belong to the SELLER. Product or products specified in the contract shall be delivered to the PURCHASER or the person/organization in the address s/he specified within the time period stated in preliminary information depending on the distance of residential area of the PURCHASER on condition that legal duration of 30 days will not be exceeded. This duration can be extended 10 days more on condition that PURCHASER is notified about the situation beforehand.
4.3 If the product in the contract will be delivered to a person/organization other than the PURCHASER, SELLER shall not be responsible if that person/organization does not accept the delivery.
4.4 SELLER shall be responsible for delivering the products in the contract intact, complete, in line with the properties specified in the contract and with warranty papers and user manuals, if any.
4.5 For the delivery of the products in the contract, it is a requirement that a signed copy of this contract is sent to the SELLER and its price is paid by the PURCHASER with the payment method s/he preferred. If the price of the products is not paid or payment is cancelled in bank records for any reason, SELLER shall be considered to be released from its obligation to deliver the products.
4.6 PURCHASER will examine the goods/services before accepting and will not accept defective and damaged goods/services such as crushed and broken products and those whose package has been torn, from the cargo company or forwarder. It will be accepted that goods/services accepted by the PURCHASER are undamaged and intact. After the products are delivered, if the relevant bank or financial institution does not pay the price of the products to the SELLER due to the fact that credit card of the PURCHASER was used by unauthorized people in an unjust and illegal way because of a reason that does not stem from the mistake of the PURCHASER, PURCHASER has to return the products to the SELLER within 3 days on condition that the products were delivered to the PURCHASER himself/herself. In this situation, transportation expenses shall belong to the PURCHASER.
4.7 If the SELLER cannot deliver the product within the specified period due to extraordinary circumstances such as force majeure or adverse weather conditions, lack of transportation facilities etc., it is obliged to notify PURCHASER on the situation. In this case, PURCHASER can use his/her right of cancelling the order; changing the products in the contract with its equivalent if any and/or delaying the delivery process until the situation preventing it is over. If the PURCHASER cancels the order, the price s/he paid shall be transferred within 10 days in cash if s/he had paid in cash or returned to his/her credit card if s/he had paid with a credit card.
4.8 Kind and type, amount, brand/model, colour and sale price including all the taxes of the goods/services in the contract shall be the same as the information in the promotional page of goods/services in www.highlightlamps.com and specified in the invoice of the SELLER which is considered as an indispensible part of this contract.
4.9 Cash price of the goods/services is stated in the invoice sent to the PURCHASER with the product and in the sample invoice sent in email once the order is completed. Advance payment amount of the goods/services is stated in the invoice sent to the PURCHASER with the product and in the sample invoice sent in email once the order is completed. Prices of the goods/services based on the term which was decided is stated in the invoice sent to the PURCHASER with the product and in the sample invoice sent in email once the order is completed. Interest the SELLER will apply to the PURCHASER cannot be more than the interest rate identified by the Republic of Turkey each year and cannot be more than 30% in all circumstances.
4.10 If the PURCHASER buys with a credit card and with an instalment plan, instalment type s/he selected on www.highlightlamps.com shall be valid. In instalment transactions, relevant provisions of the contract signed between the PURCHASER and bank that the card belongs to shall be valid. Payment date of the credit card shall be identified according to the provisions of the contract between the bank and the PURCHASER. PURCHASER can follow the number of instalments and his/her payments also on the bank statement sent by the bank.
4.11 Waiting period for payment of the orders made in cash, through remittance and EFT shall be valid for 24 hours and SELLER shall reserve its right of not accepting the order if payment is not made within that period.
4.12 If the PURCHASER fails to meet the financial obligations in the transaction s/he made with a credit card, s/he will pay an interest within the framework of the credit card contract the bank made with him/her and shall be liable to the bank. In this situation, relevant bank can take legal action; demand arising costs and counsel’s fee from the PURCHASER and under all circumstances, if the PURCHSER fails to meet the financial obligations, s/he shall accept paying the damage and loss of the SELLER arising due to delayed payment of the debt.
ARTICLE 5 RIGHT OF WITHDRAWAL
Purchaser can use his/her right of withdrawal following (7) days upon delivery of the good/service, for which a contract was signed, to the person/organization s/he declared. For using the right of withdrawal, it is a requirement that a notification is made to the SELLER within this period through fax, email or telephone and good/service is unused within the framework of the provisions of the relevant article. When this right is used, returning the example of cargo delivery document stating that the product delivered to the third party or the PURCHASER was sent to the SELLER and original of the invoice is obligatory. Price of the good/service shall be returned to PURCHSER within 7 days following the delivery of these documents. If the invoice is not sent, VAT and other legal obligations, if any, cannot be returned. Cargo cost of the good/service returned using the right of withdrawal shall be met by the PURCHASER. Goods/services that cannot be returned are those which are disposable and all kinds of software and programmes that can be copied and also those that decay fast and whose date expired. Moreover in order to use right of withdrawal of all kinds of software and programmes, DVD, DIVX, VCD, CD and cassettes, batteries, all kinds of cosmetic products, food and herbal health products, capsules, pills, telephone minutes and consumable materials (toner, cartridge, tape etc.), there is a condition that package of the good/service is not opened, damaged and product is unused. Moreover, consumer cannot use his/her right of withdrawal of goods that were produced in line with special demands of the consumer or goods that were personalized making some additions. If the payment was made with a credit card or a card similar to that, consumer can demand cancelling the payment transaction on account of the fact that the card was used illegally without his/her consent. In this case, organization that the card belongs to shall return the payment amount to the consumer within 10 days following the date the objection was notified to it.
If the order takes place, PURCHASER will be deemed to accept all conditions of this contract.
ARTICLE 6 AUTHORIZED COURT
In case of disputes that may emerge due to this contract, Arbitration Committee for Consumers shall be authorized up to the amount declared by the Ministry of Industry and Trade and in disputes where more than this amount exists, Consumer Courts in the legal residential area of the SELLER shall be authorized.
DATE : 28/02/2019