Distance Sales Agreement
ARTICLE 1. PARTIES
Address: Yavuz Sultan Selim District Dr. Sadık Ahmet street No:24/1 Fatih/İstanbul
ARTICLE 2. SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties pursuant to the provisions of the Law No. 6052 on Consumer Protection and the Regulation on Distance Contracts related to the sale and delivery of the products that the BUYER ordered on the electronic platform of the SELLER from the website www.bisaat.com.
ARTICLE 3. PROVISIONS RELATED TO THE CONTRACT FOR PRODUCT, PAYMENT AND RETURN
AUTOMATIC Reflecting Order and Cost.
3.1. Payment method
3.1.2. Payment by Credit Card: In order to be able to pay by credit card, you must fill in the credit card information in the relevant sections. You can pay in one shot with your credit card.
3.3. Return Procedure
3.3.1. Credit Card Return Procedure: In cases where the BUYER uses the right of withdrawal or if the product subject to the order cannot be supplied for various reasons or if it is decided to return the price to the consumer with the decisions of the Consumer Problems Arbitration Committee, the credit card is refunded to the credit card if the shopping is done in one shot with credit card.
The BUYER accepts and agrees that it has read and accepted this procedure.
3.4. Delivery Method and Address
The delivery shall be delivered by hand at one of the contracted cargo companies at the address indicated by the BUYER on the order form. The SELLER will be considered to have performed its performance in full and in full even if it is not present at the address of the BUYER at the time of delivery. Therefore, the Purchaser's expenses are due to the fact that the buyer has waited in the cargo company for any damage caused by the late delivery of the product and / or the cargo is returned to the SELLER.
ARTICLE 4. GENERAL PROVISIONS
4.1. On the website www.theottomanbazaar.com, BUYER declares that the products, which are the subject of the contract, have read and informed the basic qualifications, sales price and payment method and the preliminary information about the delivery and have given the necessary confirmation in electronic environment.
4.2. The product subject to the contract shall be delivered to the BUYER or the person / organization 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 period of fourteen days.
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 liable for the person / organization to be delivered will not accept the delivery.
4.4. The SELLER is responsible for the delivery of the product subject to the contract in full, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any.
4.5. For the delivery of the product subject to the contract, it is obligatory that the signed copy of this contract is delivered to the SELLER and the price has been 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.
4.6. In case the bank or the financial institution does not pay the product price to the SELLER because the credit card belonging to the BUYER after the delivery of the product is used unfairly or unlawfully by the unauthorized persons which are not caused by the BUYER's fault, three days of the product provided that the BUYER must be sent to the SELLER.
ARTICLE 5. RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw by refusing the goods within fourteen days from the date of delivery of the product subject to the contract to the person / organization indicated by him / her. If the SELLER or the Provider fails to fulfill the obligations set out in article 12 of the Distance Contracts Regulation, the right of withdrawal is fourteen days. The notification of the exercise of the right of withdrawal within this period of time in writing or with a continuous data carrier is sufficient to notify.
The product price is returned to the BUYER within fourteen days from the date the consumer's notice of cancellation is received in writing to the SELLER or through the continuous data bearer.
We assume that the consumer has the right to withdraw from the contract by refusing the goods or services within fourteen days from the date of signing the contract or without taking any legal and criminal responsibility or without any reason and we are committed to take back the goods from the date of the notification of the revocation notice to the SELLER or provider.
In accordance with the General Communiqué No. 385 of the Tax Procedures, we need to complete the relevant sections in the invoice which we have sent to you in order to be able to make the return transactions and we must send them back with the product after signing. However, because our customers do not pay VAT on their orders in the TRNC and overseas shipments, they are obliged to pay the taxes of the products they have purchased at the customs. For the products that are not received in any way from the customs, the customers do not have the right of withdrawal.
Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts.
a) Service contracts that have been executed with the approval of the consumer before the expiry of the right of withdrawal,
b) Contracts relating to goods whose prices are determined in the stock exchange or other organized markets,
c) Contracts for the delivery of goods which are prepared in accordance with the consumer's wishes or clearly his / her personal needs, which are not suitable for repatriation and whose risk of rapid deterioration or the possibility of passing the expiration date,
ç) Contracts relating to audio or video recordings, software programs and computer consumables, provided that the package is opened by the consumer,
d) Contracts for the delivery of periodicals such as newspapers and journals,
e) Contracts regarding the performance of betting and lottery services,
f) Contracted services immediately on electronic medium and contracts for the immaterial goods delivered to the consumer immediately.
If the right of withdrawal is used, the product and package control shall be made by theottomanbazaar.com. The delivery price of the returned product due to the right of withdrawal shall be borne by the SELLER. The BUYER may notify the SELLER of its requests and complaints to the SELLER in writing or with a continuous data bearer. (For detailed information, see the Distance Contracts Regulation.)
ARTICLE 6. PROVISIONS
If the parties do not fulfill their obligations arising from this contract, the provisions of the Code of Obligations 106-108. The provisions of the default of the Borrower 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 seven-day period to the party who has not fulfilled its performance in order to fulfill the said act. In the event that it is not fulfilled during this period, the party which does not perform its action shall be deemed to be a client and the creditor shall have the right to demand the performance of the goods and / or the termination of the contract and the return of the price.
If the contractor cannot deliver the product within the term due to extraordinary events such as force majeure which may prevent the SELLER from fulfilling this obligation or the air opposition that prevents the transportation, the cessation of transportation, fire, earthquake, flood, etc., the BUYER shall not may cancel the order or use one of the rights to postpone the delivery period until the end of the preventive situation. If the buyer cancels the order, the amount paid shall be paid to him / her within fourteen days. (In case of installments made with credit card, the above procedure is accepted by the BUYER for return to credit card.)
ARTICLE 7. AUTHORIZED COURT
In the application of this contract, Consumer Courts of Consumer Problems up to the value declared by the Ministry of Customs and Trade and Consumer Courts in the settlement of the BUYER or SELLER are authorized.
In case the order is realized, the BUYER is deemed to have accepted all the terms of this contract.