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Terms and Conditions
MADDE 1 – TARAFLAR 1.1. SATICI: Ünvanı : O7 Markt Soğutma ve Endüstriyel Ekipmanları – Oğuzhan Göker Adresi : Topçular Mah. Osmangazi Cad. No:2 İç kapı no:18 Eyüpsultan / İstanbul Telefon : 90.535 735 73 99 1.2. ALICI: Adı/Soyadı/Ünvanı : [[sozlesme.Alici_AdSoyad]] Email : [[sozlesme.Alici_Email]]
ARTICLE 2 – SUBJECT The subject of this contract is the Law No. 4077 on the Protection of Consumers and the Principles and Procedures of Implementation of Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically from the SELLER’s [[sozlesme.SiteDomain]] website. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation.
ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT 3.1- The type and type of the products, quantity, brand/model, color, sales price including taxes (as unit x unit price) are as stated below. [[contract.Order_Products]] 3.2- Payment Method: [[contract.Payment_Type]] If you are ordering by credit card via taxi: By organizing campaigns, your bank may apply a higher number of installments than the number of installments you have chosen, and services such as installment postponement may be offered. Such campaigns are at the discretion of your bank, and if our company is aware of them, information about the campaigns is provided on our pages. Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected in your credit card statement by your bank. The bank may not distribute the installment amounts evenly over the months, taking into account the fractional differences. Creating your detailed payment plan is at the discretion of your bank. 3.3- On the other hand, since forward sales are made only with credit cards belonging to banks, the BUYER will also confirm the relevant interest rates and information regarding default interest from his bank, and in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest will not be included in the credit card agreement between the Bank and the BUYER. It accepts, declares and undertakes that it will be implemented within the scope of 3.4- For personal purchases made without using 3D Secure, the credit card holder must present his/her identity information. For corporate purchases, company information must be presented. Return Procedure: A) CREDIT CARD REFUND PROCEDURE In cases where the BUYER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the Consumer by the decisions of the Arbitration Committee, if the purchase is made by credit card and in installments, the refund procedure to the credit card is stated below: Regardless of how many installments our customer purchased the product in, the Bank repays the customer in installments. After the SELLER pays the entire product price to the bank at once, and in case the installment expenditures made through the Bank POS are refunded to our Customer’s credit card, the requested refund amounts are transferred by the Bank to the holder’s accounts in installments in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the customer until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 refund will be reflected on the card every month, and the customer will receive the installments he paid before the refund for another month after the installments of the sale are completed, equal to the number of installments he paid before the return, and will be deducted from his current debts. It will happen. In case of return of goods and services purchased by card, the SELLER cannot pay the Customer in cash, in accordance with the contract made with the Bank. In case of a refund, the member business, that is, the SELLER, will make the refund through the relevant software, and since the member business, that is, the SELLER, is obliged to pay the relevant amount to the Bank in cash or on account, the Customer cannot be paid in cash in accordance with the procedure we have explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the SELLER pays the amount to the Bank in one lump sum. BUYER acknowledges and undertakes that he has read and accepted this procedure. B) RETURN PROCEDURE FOR PAYMENT AT THE DOOR AND MONEY ORDER/EFT PAYMENT OPTIONS For door-to-door payment and Money Order/EFT payment options, the refund will be made by Money Order or EFT to the account specified by the Consumer (the account must be in the name of the person at the billing address or in the name of the user member) by requesting the Consumer’s bank account information. 3.4B.1- Delivery Method and Address: Person to be Delivered: [[contract.Delivery_NameSurname]] Contact Information of the Person to be Delivered: [[sozlesme.Delivery_TelefonGsm]] Delivery Address: [[contract.Delivery_Adres]] Invoice Address: [[contract.Invoice_Adres]] The delivery will be delivered by hand via the cargo company ([[sozlesme.KargoFirmasi]]) to the above mentioned address of the BUYER. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. For this reason, any damages arising from the BUYER’s late receipt of the product and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo back to the SELLER belong to the BUYER. Shipping Fee: [[sozlesme.KargoFreti]] and the shipping price is determined after the order according to the order address, added to the total order amount and paid by the customer. It is not included in the product price. [[contract.Invoice_ShippingTypeFee]]
ARTICLE 4 – GENERAL PROVISIONS 4.1- BUYER declares that he/she has read and informed the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method and delivery on the [[sozlesme.SiteDomain]] website and has given the necessary confirmation electronically. 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 30-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 delivering the product subject to the contract intact, 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 with the payment method preferred by the BUYER. If the price of the product is not paid for any reason or is canceled in bank records, the SELLER is deemed to be free from the obligation to deliver the product. 4.6- After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons, which is not due to the BUYER’s fault, provided that the product has been delivered to the BUYER. It must be sent to the SELLER within 3 days. 4.7- Products that are defective or damaged, whether or not sold with a warranty certificate, can be sent to the SELLER to have the necessary repairs done within the warranty conditions, in which case the shipping expenses will be covered by the BUYER.
ARTICLE 5 – RIGHT OF WITHDRAWAL BUYER has the right to reject and withdraw the goods within 14 days from the delivery of the product subject to the contract to himself or to the person/organization at the address indicated. The product price is returned to the BUYER within 14 days from the date on which the consumer’s notice of withdrawal reaches the SELLER. The shipping cost of the product returned due to the right of withdrawal is borne by the BUYER. We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within fourteen days from the date of receipt of the goods or the date on which the contract is signed, without assuming any legal or criminal liability and without giving any justification, and we undertake to take back the goods from the date on which the notice of withdrawal reaches the SELLER or provider. In order for the refund to be made in accordance with the general communiqué of the Tax Procedure Law No. 395, the relevant sections of the invoice with a refund section that we have sent to you must be filled in completely and sent back to us together with the product after signing. However, since our customers do not pay VAT on their orders for TRNC and international shipments, they are obliged to pay the taxes on the products they receive at customs. Customers do not have the right of withdrawal for products that are not received from customs in any way. Because, in accordance with the 8th article of the REGULATION ON THE APPLICATION PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS, in distance contracts for the sale of goods, the Consumer has the right to withdraw from the contract by rejecting the goods within fourteen days from the date of receipt, without assuming any legal or criminal liability and without giving any justification.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, copyable software and programs, products that deteriorate quickly or have expired. Exercising the right of withdrawal for the following products is subject to the condition that the product’s packaging is unopened, intact and the product is unused. -Portable Computers and Desktop Computers (Returns will not be accepted after the original operating system is installed, that is, after the computer is installed.) -All kinds of software and programs -DVD, VCD, CD and cassettes -Computer and stationery consumables (toner, cartridge, ribbon, etc.) -All kinds of cosmetic products -Phone top-up orders -Goods prepared in line with the consumer’s wishes or personal needs -Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery. -Goods that are perishable or may expire quickly -Products that cannot be returned due to their nature (except in cases where the product is defective or defective, products that may pose a health hazard after opening, e.g. products that require direct contact with the body during use (in-ear or over-ear headphones, etc.), disposable products, copyable software and programs, products that deteriorate quickly or have expired, and returns are not possible.
ARTICLE 7 – DEFAULT PROVISIONS If the parties fail to fulfill their obligations under this agreement, the Debtor’s Default provisions in Articles 106-108 of the Code of Obligations will apply. In cases of default, if any party does not fulfill its obligations within the specified period without a justified reason, the other party will give 7 days to the non-performing party to fulfill the obligation in question. If it is fulfilled within this period, the party that does not fulfill its obligation will be deemed to be in default and the creditor has the right to demand the delivery of the goods and/or the termination of the contract and the refund of the price by demanding the performance of the obligation. In accordance with the last paragraph of the 9th article of the Regulation on Distance Contracts, if the SELLER [[sozlesme.SiteDomain]] cannot fulfill its contractual obligations, claiming that the fulfillment of the goods or services subject to the order has become impossible (the situation where the product cannot be supplied from the supplier Company in any way), this situation arises from the contractual situation. It undertakes to notify the consumer before the performance obligation expires. In this case, XXX has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents that put him in debt, if any. If [[contract.SiteDomain]] cannot deliver the product subject to the contract within the period due to force majeure that may prevent it from fulfilling this obligation or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, in such cases, the BUYER,[[ Sozlesme.SiteDomain]] has no liability and may use one of the rights to cancel the order or postpone the delivery period until the blocking situation disappears. If the BUYER cancels the order, the amount paid will be paid to him within 14 days. (For installment purchases made by credit card, the above procedure for refund to the credit card is accepted by the BUYER)
MADDE 8- YETKİLİ MAHKEME İşbu sözleşmenin uygulanmasında, Sanayi ve Ticaret Bakanlığınca ilan edilen değere kadar Tüketici Hakem Heyetleri ile ALICI’nın veya SATICI’nın yerleşim yerindeki Tüketici Mahkemeleri yetkilidir. Siparişin gerçekleşmesi durumunda ALICI işbu sözleşmenin tüm koşullarını kabul etmiş sayılır. SATICI : O7 Markt Soğutma ve Endüstiyel Ekipmanları – Oğuzhan Göker ALICI : [[sozlesme.Alici_AdSoyad]] TARİH : [[sozlesme.Tarih]]
