DISTANCE SALES AGREEMENT
ARTICLE 1- PARTIES
1.1- SELLER:
Title: www.telmessosgoldcenter.com.tr /Telmessos Gold Center/Fethiye Mücevherat Turizm Tic.ve San.A.Ş.
Address: Cumhuriyet Mah. Ataturk Cad. No: 4
Fethiye Mugla
Tax Office: Fethiye: 385 062 4631
Mersis No: 0385062463100031
Phone :0252 6122809 / 533 9308818
E-mail: [email protected]
1.2- BUYER:
Name/Surname/Title:
Address:
Telephone:
E-mail:
ARTICLE 2- SUBJECT
The subject of this contract is the Law No. 4077 on the Protection of Consumers and Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's website telmessosgoldcenter.com.tr. It is the determination of the rights and obligations of the parties in accordance with its provisions.
ARTICLE 3- THE CONTRACT SUBJECT PRODUCT
Date :
Name of the product
Number
Total Product Amount
The type and type, quantity, brand/model color of the products are as stated above.
Payment method:
Delivery address:
Total
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER has read and learned the preliminary information about the basic characteristics, sales price and payment method of the product subject to the contract, as well as the delivery method, on the telmessosgoldcenter.com.tr website of Fethiye Mücevherat Turizm Tic.ve San.A.Ş./ Telmessos Gold Center, declares that it has given the necessary confirmation in electronic environment.
4.2- The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 3-day period.
4.3- If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4- The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5- For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, not due to the BUYER's fault, provided that the BUYER has delivered the product to him. It must be sent to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER.
4.7- If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In case the BUYER cancels the order, the amount paid is paid to him in cash and in full within 10 days.
4.8- Defective or damaged products of the products sold or not with the warranty certificate can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw within 7 days from the delivery of the contracted product to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, email or telephone within this period and the product must not be used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. The product price is returned to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
ARTICLE 6- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, software and programs that can be copied, products that are perishable or whose expiration date has passed. The use of the right of withdrawal in the following products is subject to the condition that the packaging of the product is unopened, intact and the product has not been used.
Parties, Distance Contracts Regulation art. He has accepted that he cannot use his right of withdrawal in accordance with 15/1 in the following cases.
-The price of which changes depending on the fluctuations in the financial markets and the control of the seller or the provider.
non-existent goods or services.
- Goods prepared in line with the consumer's wishes or personal needs.
- Goods that are perishable or may expire.
-The goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable in terms of health and hygiene.
- Goods that are mixed with other products after delivery and cannot be separated due to their nature.
-Books, digital content and computer consumables presented in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
- Periodicals such as newspapers and magazines, except those provided under the subscription agreement.
- Services related to accommodation, transportation of goods, car rental, food and beverage supply, and leisure time for entertainment or rest, which must be done on a certain date or period.
- Services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
- Services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
ARTICLE 7- AUTHORIZED COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, will be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
As of 01/01/2017, the value in applications to be made to consumer arbitration committees for 2017:
a) District consumer arbitration committees in disputes under 2,400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3,610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that are not in metropolitan status,
ç) Provincial consumer arbitration committees have been appointed in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in districts of provinces that are not in metropolitan status.
This Agreement is made for commercial purposes.
RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGE:
a) Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698, T.R. ID number, demographic data, financial data, etc. informations; Taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, -in case of prior approval- to be used in marketing activities about orders, products and services, updating the information of the BUYER and managing and maintaining the memberships. It can be recorded indefinitely by the SELLER, the SELLER's subsidiaries and third parties and/or organizations, in written/magnetic archives, for the purpose of performing the distance sales contract and other agreements established between the SELLER and the SELLER, and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER. may be stored, used, updated, shared, transferred and processed in other ways.
b) SMS/short message by telmessosgoldcenter.com.tr for credit card and membership information, transaction and applications for promotion, advertisement, communication, promotion, sales and marketing purposes regarding all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made via instant notification, automatic call, computer, telephone, e-mail/mail, fax, other electronic communication tools, the BUYER has accepted to be sent commercial electronic messages.
c) Necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the Seller's own system infrastructure, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
d) The BUYER may reach the SELLER through the specified communication channels and request that the data usage-processing and/or communication be stopped at any time. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, the correction in case of incomplete or incorrect, the corrected
You can always apply to the SELLER and get information on issues such as notifying the relevant third parties, deleting or destroying the data, objecting to the emergence of a result against itself by analyzing it with automatic systems, rectifying the damage in case of unlawful processing of the data. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
SALES PERSON
www.telmessosgoldcenter.com.tr / Fethiye Mücevherat Turizm Tic.ve San.A.Ş. (Telmessos Gold Center)