DISTANCE SALES AGREEMENT
ARTICLE 1 - SUBJECT OF THE CONTRACT AND THE
PARTIES
1.1 This Agreement regulates the rights and obligations of the
parties in accordance with the provisions of the Law on the Protection of
Consumer No 6502 and Regulation on Distance Contracts related to the sale and
delivery of the products specified in the following qualifications and sales
price, which the BUYER has ordered in electronic environment through the SELLER
website.
The prices listed and announced on the website are the selling
prices. The advertised prices and promises are valid until updated and
modified. The prices announced on a regular basis are valid until the end of
the specified period.
1.2. SELLER INFORMATION
Name: WOOD AND MONTESSORİ MOBİLYA AHŞAP VE TEKSTİL SANAYİ
TİCARET LİMİTED ŞİRKETİ
Address: GÜZELHİSAR MAH. YUNUS EMRE CAD. NO: 1/1 AKYURT / ANKARA
E-posta: customerservice@woodandmontessori.com
Telephone: +90 (533) 768 94 70
1.3. BUYER INFORMATION
Name surname / Title:
Delivery Address:
Telephone:
E-mail:
ARTICLE 2 – DATE OF CONTRACT
2.1. This agreement was concluded by the parties on ……, the
date when the order of the BUYER was completed on the website
(www.woodandmontessori.com)
ARTICLE 3 - PRODUCTS AND SERVICES SUBJECT TO CONTRACT
3.1. The details of the products and services ordered by the
BUYER, the sales amounts including the taxes and information about the number
are listed below. All of the products listed in the following table are
hereinafter referred to as the PRODUCT.
ARTICLE 4 - DELIVERY OF PRODUCTS
4.1. The PRODUCT is delivered to the delivery address specified by
the BUYER in the latest 30 (thirty) business days, packed and together with the
invoice.
4.2.In the event that the fulfilling the act of the goods or
services subject to the order becomes impossible, the SELLER notifies the BUYER
within 3(three) days from the date of learning of this situation and returns
all payments collected, including the shipping costs. Non-existence of the
goods in stock is not considered impossibility of fulfilling the act of goods.
4.3. If the PRODUCT is to be delivered to another person /
organization than the BUYER, and if the person / organization does not accept
the delivery the SELLER shall not be held liable.
4.4. The SELLER is liable for the losses and damages to occur
until the delivery of the PRODUCT to the BUYER or a third party to be
designated by the BUYER. In case the BUYER requests for the shipment of the
PRODUCT through a carrier other than the carrier designated by the SELLER, the
SELLER is not responsible for the losses or damages that may occur as of the
delivery of the PRODUCT to the carrier designated by the SELLER.
4.5. The BUYER is responsible for checking the PRODUCT at the time
of receipt and when he/she sees a problem arising from the cargo in the
PRODUCT, not accepting the PRODUCT and getting the courier company officer take
a statement down. Otherwise, the SELLER shall not accept any liability.
4.6. Shipping and customs expenses are not included in the PRODUCT
prices. For the deliveries to be made outside Turkey, customs expenses shall
belong to the BUYER.
4.7.All and any type of taxes including VAT arising from the sale
of PRODUCT shall belong to the BUYER.
4.8. The SELLER is not liable for the delays to occur due to the
customs rules in the country to which the purchased PRODUCT was imported.
ARTICLE 5 - PAYMENT METHOD
5.1. The BUYER accepts, declares and undertakes that, since
forward sales can be made only by credit cards of banks, the BUYER shall
confirm the relevant interest rates, default interest and relevant information;
and provisions regarding the interest rate and default interest will be applied
within the scope of the credit card agreement between the BANK and the BUYER
pursuant to the provisions of regulations in force.
ARTICLE 6 - GENERAL PROVISIONS
6.1. The BUYER agrees that he/she read and is aware of the
preliminary information regarding the basic qualifications, sales price and
payment method and delivery of the PRODUCTS shown in the website, have read and
informed the basic qualifications, sales price and payment method and the
preliminary information about the delivery and gave the necessary confirmation
for the sale in the electronic environment.
6.2. By confirming this agreement in electronic environment, the
BUYER confirms that he/she has accurately and completely obtained the address,
basic features of the PRODUCTS ordered, PRODUCT prices including tax, payment
and delivery information and information about the right of withdrawal.
6.3. The SELLER is responsible for delivering the PRODUCT subject
to the contract in a sound, complete manner, in accordance with the
specifications specified in the order.
6.4. In case the Bank / financing institution to which the credit
card is used belongs does not pay the PRODUCT price to the SELLER for any
reason after the delivery of the PRODUCT, the PRODUCT shall be returned to the
SELLER by the BUYER at the latest within 3 (three) days, and all expenses
shall be borne by the BUYER. All other contractual and statutory rights of the
SELLER, including the follow-up of the PRODUCT price, shall be reserved in any.
ARTICLE 7- THE RIGHT OF WITHDRAWAL
7.1. In distance contracts about sales of goods, the BUYER
has the right to withdraw within 14 (fourteen) days from the day the order was
delivered ( the date provided by the shipping service) without showing any
excuses and paying any penal clause.
7.2. It is obligatory that for the exercise of the right of
withdrawal, notification should be made by the BUYER to the SELLER to its
following electronic mail address within the referred period of time or a
written notification should be made, and the PRODUCT should not have been used
within the framework of the provisions of the relevant article and its package
should not have been opened. In case of the exercise of such right, it is
obligatory to return the copy of the courier delivery report substantiating that
the PRODUCT delivered to the BUYER or third party has been sent to the SELLER
as well as the original invoice.
7.3. In the event that the BUYER uses his/her right of withdrawal,
the SELLER is obliged to return the total amount received and negotiable instruments
putting the consumer under debt and all kinds of similar documents within 14
(fourteen) days from the date the withdrawal notification is delivered to
him/her without any charge.
7.4. If the BUYER uses the right of withdrawal, he/she shall
not be liable to pay the expenses related to the return if he/she returns the
goods through the courier specified for return in the preliminary information.
In the event that the SELLER does not specify any courier for the return in the
preliminary information, no cost can be demanded from the BUYER.
7.5. As stated in the 1st paragraph of Article 15 of the
Regulation on Distance Contracts, the BUYER do not have the right of
withdrawal in the products which are specially prepared for the person.
the PURCHASER cannot exercise right of withdrawal in respect of products
that are perishable by nature or products whose use age has passed and products
related to food products, or, out of the products whose protective elements
such as package, tape, seal, packing have been opened, the products whose
return is not convenient in respect of health and hygiene. The carrier
prescribed within the scope of right of withdrawal is DHL.
7.6. Orders in the "Delivery to Cargo" stage cannot be
canceled during the cargo delivery stage.
Cases where the right of withdrawal cannot be exercised:
The BUYER cannot use the
right of withdrawal in the contracts regarding the delivery of the following
products:
The right of withdrawal cannot be exercised for products specially
prepared in line with the BUYER's demands or personal needs.
ARTICLE 8-
AUTHORIZED COURT
In the implementation of
this contract, Consumer Arbitration Committees and Consumer Courts in the
BUYER's or SELLER's settlement are authorized up to the value declared by the
Ministry of Industry and Trade.
In the event that the order
is realized, the BUYER is deemed to have accepted all the terms of this
contract.
MANUFACTURER
WOOD AND MONTESSORI FURNITURE AHŞAP VE TEKSTİL SANAYİ TİCARET
LİMİTED ŞİRKETİ
BUYER