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Sales Contract

 

SALES CONTRACT

 

PRE-INFORMATION

 

ARTICLE 1 SELLER INFORMATION

 

ARTICLE 1.1 – THE SELLER

Title: Fiyper Sanal Mağazacılık LTD. ŞTİ.

Address: Servi mahallesi, Derbent sokak No:17/A

Phone: 05518421063

Fax: 02742243306

 

ARTICLE 1.2 – THE BUYER

Customer as a member of the shopping site bustiyerdolabi.com. Address and contact information used when becoming a member taken as basis

ARTICLE 2 PRODUCT SPECIFICATION FOR SALE

The basic features of goods or services are present at bustiyerdolabi.com address. You can review the basic features of the product during the campaign.

The prices listed and announced on the site are the sale price. The advertised prices and promises are valid until they are updated and changed. The prices announced in the period are valid until the end of the specified period.

The type of goods / product / service, quantity, brand / model, color, number, sales price, form of payment, consists of information at the time of the order

The shipping cost will be paid by the BUYER and will not be refunded.

 

ARTICLE 3 GENERAL PROVISIONS

3.1) The Purchaser declares that he / she has read and informed the basic qualifications, sales price, payment method and the preliminary information about the delivery of the product subject to the contract on the bustiyerdolabi.com website and has given the necessary confirmation in electronic environment. THE BUYER; By confirming this Preliminary Information in electronic environment, before the conclusion of the distance contracts, the address must be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including the taxes, payment and delivery information is also confirmed correctly and complete.

3.2) The product subject to the contract shall be delivered to the BUYER or the person / organization indicated at the address indicated in the preliminary information on the website, depending on the distance of the BUYER for each product, provided that it does not exceed the legal 30-day period.

3.3) Due to all kinds of problems that the cargo company may face during the delivery stage of the product to the BUYER, the SELLER cannot be held liable for failure to deliver the ordered product to the BUYER.

3.4) 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 the guarantee documents and user manuals, if any.

3.5) The SELLER may supply a different product at equal quality and price by informing the BUYER and expressly obtaining its approval before the expiration of the contractual performance obligation.

3.6) If the seller fails to fulfill the contractual obligations in case the product or service subject to the order becomes impossible, s / he notifies the consumer before the expiration of the contractual performance obligation and returns the total price to the BUYER within 10 days.

3.7) This pre-information form must be confirmed electronically for the delivery of the product. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed to have been liberated from the obligation to deliver the product.

3.8) After the delivery of the product, the credit card belonging to the BUYER is unfairly or unlawfully used by unauthorized persons in a way that is not caused by the BUYER's fault and if the bank or the financial institution does not pay the product price to the SELLER, the product is delivered to the Buyer 3 days must be returned to the SELLER. In this case, the transportation costs belong to the BUYER.

3.9) SELLER force majeure or air opposition that prevents transport, is obliged to inform the BUYER of the situation if the contractual product cannot deliver the product in due time due to extraordinary situations such as interruption of transportation. 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 and / or postpone the delivery period until the preventive situation disappears. In case the buyer cancels the order, the amount paid shall be paid to him in cash and within 10 days. In case of payments made by the BUYER with a credit card, the product amount shall be returned to the related bank within 7 days after the cancellation of the order by the BUYER. Since this amount is fully related to the bank transaction process after the return of the amount to the bank, the buyer, for any possible delays, it will not be possible for the SELLER to intervene in any way and it is already accepted that the amount returned by the SELLER to the credit card can be 2 to 3 weeks on the account of the BUYER.

 

ARTICLE 4 RIGHT OF WITHDRAWAL

 

THE BUYER; In the case of distance contracts relating to the sale of goods, the product (excluding Concert and Event Tickets) may use the right of withdrawal from the contract without any legal and criminal responsibility and without any justification within 14 (fourteen) days from the date of delivery to the person / organization indicated in it. In the case of distance contracts for service provision, this period shall commence on the date of signing the contract. Before the expiration of the right of withdrawal, the right of withdrawal may not be used in the service contracts that are executed with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.

 

 

In order to use the right of withdrawal, written notice to the SELLER via registered mail, fax or e-mail must be made within 14 days and the product must not be used in accordance with the provisions of Article 5. If this right is used,

 

a) The invoice of the product delivered to the 3rd person or the PURCHASER, (If the invoice of the product to be returned is institutionalized, it must be sent with the return invoice issued by the institution when returning the order.

 

b) Return form,

c) The products to be returned shall be delivered complete and undamaged with the box, packaging and standard accessories, if any.

 

d) The SELLER is obliged to return the total cost and the documents which put the buyer under the debt within the 10 days period after receipt of the notification of the withdrawal and to return the goods within 20 days.

 

e) If there is a decrease in the value of the commodity due to a reason caused by the BUYER's defect or if the return is impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of defect.

 

f) In case of lowering the campaign limit amount arranged by the SELLER due to the exercise of the right of withdrawal, the amount of discount used within the scope of the campaign shall be canceled.

 

g) In case of return of the product which is returned due to the right of withdrawal to the seller, the amount of the cargo paid will be borne by the BUYER in foreign orders for the domestic orders.

 

h) The SELLER does not return the shipping charge from the BUYER when selling the product.

 

 

 

 

ARTICLE 5 PRODUCTS WHICH RIGHT OF WITHDRAWAL CANNOT BE USED


The requirements of the BUYER, or clearly prepared according to his personal needs, in accordance with the nature of non-refoulement and the risk of rapid deterioration or the possibility of exceeding the expiration date of the return of goods is not possible according to the regulations. In addition, audio or video recordings, software programs and return of computer consumables are not permitted by regulations, provided that the package is opened by the BUYER.

In the application of this Pre-Information, Consumer Arbitration Committees and Consumer Courts at the place where the Purchaser buys the goods or services until the value declared by the Ministry of Industry and Trade and where the residence is located is authorized.

SELLER filed applications for complaints and objections, within T.C. the monetary limits which set by the Ministry of Industry and Trade each year in December, to the arbitral tribunal or the consumer court at the place of purchase or purchase of goods or services. Information on the monetary limit is as follows:

Effective from 1/1/2012:

   a) The sub-monetary limit of 1.161,67 TL that there shall be evidence in the upper or consumer courts that the decisions of the arbitral tribunals of the consumer problems in articles 5 and 6 of Article 22 of the Law No. 4077 on Consumer Protection shall be binding;

   b) Published in the Official Gazette dated 1/8/2003 and numbered 25186, in the third paragraph of Article 5 of the Regulation on Arbitration of Consumer Problems, in provinces with metropolitan status the sub-monetary limit of the provincial arbitral tribunals to be authorized and authorized to look after the disputes is TL 3.032,65.

This Preliminary Information is made for commercial purposes.

 

 

 

DISTANCE SALES AGREEMENT

 

ARTICLE 1 - PARTIES

 

1.1 - SELLER

Title: Fiyper Sanal Mağazacılık LTD. ŞTİ.

Address: Servi mahallesi, Derbent sokak No:17/A

Phone: 05518421063

Fax: 02742243306

Email address: fiyper@hotmail.com

1.2 - BUYER

Customer as a member of the shopping site bustiyerdolabi.com.

Address and contact information used when becoming a member taken as basis

ARTICLE 2 - SUBJECT

The subject of this contract,

The buyer's order from the SELLER's Internet site bustiyerdolabi.com  in the  electronic environment below with regard to the sale and delivery of the specified product and the price and  the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on the Protection of Consumers No. 6502 and the Regulation on the Implementation Principles and Procedures of Distance Contracts.

ARTICLE 3 - SUBJECT OF CONTRACT

The type of goods / product / service, quantity, brand / model, color, number, sales price, form of payment, consists of information at the time of the order

ARTICLE 4 - GENERAL PROVISIONS

4.1 The BUYER, the main characteristics of the product subject to the contract on the website bustiyerdolabi.com, the sales price including all taxes, the method of payment and delivery, and the costs of this will be borne by the BUYER, declares that it has been informed about the time of delivery and the full commercial title, open address and contact details of the SELLER and has given the necessary confirmation in electronic environment.

THE BUYER; by confirming this agreement in electronic environment, before the conclusion of the distance contracts, the address given by the SELLER to the BUYER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information are also confirmed correctly and completely.

 

4.2 The product subject to the contract shall be delivered to the BUYER or the person / institution at the address indicated in the preliminary information on the website, depending on the distance of the BUYER's settlement for each product provided that it does not exceed the legal 30-day period. Any cargo charge related to the delivery shown in Article 3 shall be borne by the PURCHASER and shall be reflected to the invoice of the order related to the delivery.

 

4.3 If the product subject to the contract is to be delivered to another person / organization from the BUYER, the SELLER cannot be held responsible if the person / organization to be delivered will not accept the delivery.

4.4 The SELLER shall not be held liable for any problems that the cargo company may encounter during the delivery of the product to the BUYER for failure to deliver the ordered product to the BUYER.

 

4.5 The SELLER is responsible for delivering the product subject to the contract intact, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.

 

4.6 SELLER may supply a different product at the quality and price equal to the BUYER before the expiry of the contractual performance obligation, provided that it is based on a justified reason.

 

4.7 If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, in this situation it shall inform the BUYER before the expiration of the contractual performance obligation and may supply a different product at the quality and price equal to the BUYER.

 

4.8 For the delivery of the contracted product, the signed copy of this contract must be delivered to the SELLER and the price has to 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 shall be deemed to have been liberated from the obligation to deliver the product.

 

4.9 The buyer accepts and undertakes that the credit card information he / she identifies to the system is correct during the shopping, and that he / she has all legal and criminal legal responsibilities to be caused by the use of this credit card. After the delivery of the product, the credit card belonging to the BUYER is unfairly or unlawfully used by unauthorized persons in a way that is not caused by the BUYER's fault and if the bank or financial institution does not pay the product price to the SELLER, it is mandatory for the product to be delivered to the SELLER within 3 days provided that the BUYER has been delivered to it. In this case, the shipping costs belong to the BUYER. If the BUYER does not return the product, it accepts and undertakes that the product price will be transferred to the SELLER's bank accounts without any penalty if the product price is not taken from the credit card or the product price is returned to the credit card.

 

4.10 The SELLER is obliged to inform the BUYER if the seller is unable to deliver the product subject to the contract due to extraordinary circumstances such as force majeure or air transport which prevents the transportation. 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, and / or postpone the delivery period until the preventive situation disappears. In the event that the buyer cancels the order, the amount paid shall be paid to him in cash and within 10 days.

 

 

 

4.11 The points awarded to the customer through a campaign by the SELLER are only valid for one shopping. These points are not refunded even if the product is returned.

 

In case of payments made by the BUYER with a credit card, the product amount shall be returned to the related bank within 7 days after the cancellation of the order by the BUYER. Since this amount is directly related to the bank transaction process after the return of the amount to the bank, the BUYER  shall not be able to intervene in any way for possible delays and  already accepts that by the bank the amount returned to the credit card by the SELLER can be reflected on the account of the BUYER by an average of 2 to 3 weeks.

 

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right of withdrawal without having to show any reason within 14 days after the delivery of the product subject to the contract to the person / organization indicated by him / her.

However, the product cannot be recycled in the products, campaigns and promotional products specially prepared, sold and / or imported to the BUYER for certain days such as New Year's Eve, holidays and Mother's Day; BUYER accepts these conditions and performs the exchange.

In order to exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within a period of 14 days and the product has not been used in accordance with the provisions of Article 6. If this right is used,

a) The invoice of the product delivered to the third party or to the BUYER, (If the invoice of the product to be returned is institutionalized, it must be sent together with the return invoice issued by the institution when it is returned.

b) Return form,

c) Products to be returned within a period of 14 days must be delivered complete and undamaged with the box, package and standard accessories, if any. Within 10 days of the receipt of these documents to the SELLER, the product price shall be returned to the BUYER.

The cargo price of the returned product due to the right of withdrawal shall be borne by the BUYER  in the domestic orders by the SELLER in foreign orders. The SELLER does not return shipping costs from the BUYER when selling the product.

When the product is returned to the SELLER, the original invoice, which has been submitted to the BUYER during the delivery of the product, must be returned (in order to ensure consistency in our accounting records). the product will be returned back to the BUYER in the same manner as the counter payment. The ”return invoice“ shall be written on the invoice to be returned with the product and signed by the BUYER.

ARTICLE 6 - THE RIGHT TO RETURN PRODUCTS

In terms of quality; products which are disposable products, copy able software and programs, fast deterioration or expiry date are not accepted.

 

ARTICLE 7 – LATE PAYMENT OF THE DEBT

In case of late payment of the BUYER, the BUYER accepts to pay the damages and losses of the SELLER due to the delayed performance of the debt. In cases where the late payment of the BUYER originates from the failure of the SELLER, the BUYER shall not be obliged to bear any claims for damages.

ARTICLE 8 - AUTHORIZED COURT

In the application of this Pre-Information, Consumer Arbitration Committees and Consumer Courts at the place of residence where the BUYER purchased the goods or services until the value declared by the Ministry of Industry and Trade and where the residence is located is authorized.

SELLER filed applications for complaints and appeals, T.C. The Ministry of Industry and Trade may conduct the goods or services within the monetary limits set by the Ministry of Industry and Trade each year in December, or the consumer issues at the place of residence, to the arbitral tribunal or the consumer court. Information on the monetary limit is as follows:

 

Effective from 28/05/2014;

 

a) As per Article 68 of the Law on the Protection of Consumers No. 6502

-In case of disputes under two thousand Turkish Liras, the district consumer arbitration committees

-In case of disputes under three thousand Turkish Liras, provincial consumer arbitration committees

- In provinces with metropolitan status, it is obligatory to apply to provincial consumer arbitration committees in case of disputes between two thousand Turkish Lira and three thousand Turkish Lira.

No application may be made to the consumer arbitration committees for disputes over these values.

b) In case of disputes over the specified value, the Consumer Court shall be applied and in cases where the Consumer Court does not exist, application should be made to the Civil Court of First Instance as Consumer Court.

This information is made for commercial purposes.

 

Please note: Please check if your cargo package is damaged due to transport before you sign the shipping log. If your cargo package is damaged for any reason, please return your cargo to be kept in the cargo authority without signing any documents related to the delivery. Your new products will be sent by us immediately. Fiyper Sanal Mağazacılık LTD. ŞTİ. is not responsible for the damage or deficiency of the products in the case of the delivery of the damaged goods in the cargo package 

15. All of these terms and conditions are subject to Turkish Law.