ARTICLE 1- PARTIES
Title: ALTINKAYA ELEKTRONİK CİHAZ KUTULARI SANAYİ TİCARET A.Ş.
Address : HAS EMEK SAN SİT 684. SOK NO:10 İVEDİK OSB OSTİM ANKARA Telephone: 0312 395 2768
Fax : 0312 395 2772
E-mail: [email protected]
Buyer information is specified on the proforma invoice. Name/Surname/Title : Customer Title Address : Customer Invoice address
Telephone : Customer Phone Fax : Customer Fax Number Email : Customer E-mail address
ARTICLE 2- SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product of which qualifications and sales price are specified below, which the BUYER ordered electronically from the SELLER's via https://www.altinkaya.com.tr/.
ARTICLE 3- AGREEMENT SUBJECT PRODUCT(S)
3.1- Type and kind, Quantity, Model, Color, Sale Price Including Taxes (as x unit price) of PRODUCTS are as stated in the order form. 3.2- Payment Method: The payment method is stated in the proforma invoice. 3.3-On the other hand, BUYER accepts, declares and undertakes that will confirm the relevant interest rates and the information regarding the default interest separately from the bank since the installment sales are made only with credit cards belonging to the Banks and that interest and default interest will be applied within the scope of related provisions of credit card contract between the Bank and BUYER in accordance with provisions of affective regulation.
3.4- TYPE AND ADDRESS OF DELIVERY
Address of Delivery: The address of delivery is as stated in the proforma invoice. Receiver: The receiver is as stated in the order form. Invoice address: The invoice address is as stated in the proforma invoice.
Delivery shall be delivered by hand via the forwarder company at the BUYER's address mentioned above. ALTINKAYA shall be considered to have fulfilled all necessary requirements even if the BUYER is not at the address in the moment of delivery. Therefore, any loss arising from the late receive of the PRODUCT by the BUYER and any expenses incurred due to the fact that PRODUCT has waited in the forwarder company and/or the return of the cargo to ALTINKAYA belong to BUYER.
Shipping Cost: The shipping cost is not included in the product price. The forwarder company calculates and invoices the shipping cost on behalf of the BUYER.
ARTICLE 4- GENERAL PROVISIONS
4.1- BUYER declares that he/she has the knowledge of basic characteristics, sales price and payment method of PRODUCT subject to the agreement and that he/she has read the preliminary information about the delivery on www.altinkaya.com.tr and that the necessary confirmation is given in electronic form.
4.2- The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described 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.
4.3- If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.
4.4- The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order.
4.5- If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.6- After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a way that is not caused by the BUYER's fault, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, transportation expenses belong to the BUYER.
4.7- If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery time until the preventive situation disappears. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to him in cash and in lump sum within 10 days.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 7 days from the delivery of the product subject to the contract to him or the person / organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail 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 that the product delivered to the 3rd person or the BUYER was sent to the SELLER. The product price is returned to the BUYER within 10 days following the receipt of these documents. The shipping cost of the product returned due to the right of withdrawal is covered by the BUYER.
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or signing of the contract without any legal and criminal liability and without any justification, and we undertake to take back the goods from the date the withdrawal notification reaches the seller or provider.
In accordance with the 385 numbered tax procedure law general communiqué, in order to make the return transactions for the invoices issued on behalf of the person, the relevant sections of the invoice with the return section we have sent to you must be filled in completely and sent back to us with the product after signing.
For the invoices issued on behalf of the company, in order to make the return transactions, the BUYER company must issue a return invoice to the SELLER company (without adding the shipping fee) and send it back to us with the product.
ARTICLE 6- PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be used for products that are produced in accordance with the special requests and demands of the BUYER and / or made personalized by making changes or additions on it (eg: cutting, drilling, made on it, products produced in special colors according to the user's request). The exercise of the right of withdrawal for products is subject to the condition that the shrink-wrapped packaging of the product is unopened, intact and the product has not been used.
ARTICLE 7- DEFAULT PROVISIONS
In the event that the parties fail to fulfill their obligations under this agreement, the provisions shall be applied. In the event of default, if the other party fails to fulfill its actions without justified reason within the term, the other party shall give a 7-day period to fulfill the action to the party that has not fulfilled its performance. In the event that it is not fulfilled during this period either, the party not fulfilling its performance shall be deemed to be credible and the creditor shall have the right to demand the delivery of the PRODUCT and/or the termination of the contract and the refund of the price.
ARTICLE 8- AUTHORIZED COURT
The Consumer Arbitration Committee and Consumer Courts where the BUYER's residency iswill be entitled to the implementation of this agreement of which validity is determined by the Ministry of Industry and Commerce.
If the order is realized, BUYER is deemed to have accepted all the terms of this agreement.
In the event that you cancel the order after the dispatch, Articles 4 & 5 prevail.
SELLER: ALTINKAYA ELEKTRONİK CİHAZ KUTULARI SANAYİ TİCARET A.Ş. BUYER: It is indicated in the proforma invoice. Date: It is indicated in the proforma invoice.