Distance Selling Agreement
Distance Selling Agreement
ARTICLE 1 - PARTIES
1.1- SELLER:
NAME/TITLE: Ourmanik Gıda San. and Tic. Inc.
ADDRESS: Atatürk Mah. Uzun Street No:17/A, 59510 Kapaklı/Tekirdağ
EMAIL: info@ourmanik.com
PHONE: 05326773642
E-mail: info@ourmanik.com
1.2- BUYER:
A customer is a person who is a member of the shopping site www.ourmanik.com. Address and contact information used while members shall prevail.
ARTICLE 2 - SUBJECT
The subject of this contract is the Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures 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 website www.ourmanik.com. It is to determine the rights and obligations of the parties in accordance with its provisions.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT
Date :{_date_}
{_productinformation_}
Shipping Amount: {_cargo_}
The type and type, quantity, brand/model color and sales price of the products are as stated above.
Payment method: {_odemesekli_}
Delivery address: {_deliveryaddress_}
{_Pay chart_}
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, sales price and payment method and delivery on the {_siteadi_}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 in a sound, complete manner, 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 the 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. In this case, shipping costs belong to the BUYER.
4.7- If the SELLER cannot deliver the product subject to the contract within the deadline due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation or interruption of transportation, it is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be paid in cash and in lump sum within 10 days.
4.8- Products that are defective or defective, whether sold with a warranty certificate or not, can be sent to the SELLER for the necessary repairs within the warranty conditions, in which case the shipping expenses will be covered by the SELLER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
BUYER has the right to withdraw within 7 days from the delivery of the product subject to the contract to himself or to 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 have been used within the framework of the provisions of Article 6. If this right is exercised, it is mandatory to return the copy of the cargo delivery report stating that the product delivered to the third party or the BUYER was sent to the SELLER and the original invoice. The product price will be 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 refunded. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
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 Computer (Refund will not be accepted after the original operating system 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
ARTICLE 7 - COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Industry and Trade.
If the order is placed, the BUYER is deemed to have accepted all the conditions of this contract.