dıstance sales contract
Article 1- Parties to the Agreement:
VOLKAN ŞAŞMAZ PERSONAL COMPANY
Muhsin Yazicioglu Cad. No: 37/12 Pendik – Istanbul
Phone: 0533 193 8587
Web Address: www.fu-ha.com
End Consumer (CUSTOMER)
Article 2- Subject of the Agreement:
2.1. The subject of this contract is the sale and delivery of the goods/services, which have the qualifications mentioned in the contract and whose sales price is specified in the contract, which the Buyer has ordered electronically from the Seller’s www.fu-ha.com website or by calling 0505 774 87 88. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 Law on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts.
2.2. The buyer, the basic characteristics of the goods / services subject to sale, the sales price, payment method, delivery conditions, etc. He/she accepts and declares that he/she is informed about all preliminary information and the right of withdrawal regarding the goods/services subject to sale, that he/she confirms this preliminary information in electronic environment and then orders the goods/services in accordance with the provisions of this contract.
Also; The person to whom the invoice will be drawn up is also a party to the contract. He is obliged to report his information completely, accurately and completely. The buyer is deemed to have accepted in advance the damage and responsibility that may occur as a result of providing incomplete or incorrect information.
2.3. Preliminary information and invoice on the payment page of the www.fu-ha.com website are integral parts of this contract.
Article 3- Contract Date and Force Majeure:
3.1. These two copies of the contract, which were previously signed by the seller, were accepted by the buyer by signing on …………. and one copy will be sent to the buyer’s e-mail address.
Circumstances that do not exist or are not foreseen at the date of signing the contract, develop beyond the control of the parties, and which make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract, or to fulfill them on time, will be considered as force majeure. The party in the person of force majeure shall notify the other party immediately and in writing.
3.2. Definition of force majeure; Natural disaster, war, terrorism, uprising, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc. will be accepted as
In the continuation of the force majeure, the parties will not be responsible for their failure to fulfill their duties. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 4- Delivery Costs and Execution:
4.1. Delivery costs belong to the Buyer. If the Seller has declared on the website that the delivery fee will be covered by those who shop above the amount declared on the website, the delivery cost belongs to the Seller.
4.2. Delivery; It is done as soon as possible after the stock is available and the cost of the goods is transferred to the Seller’s account. The seller delivers the goods/services within 30 (thirty) days from the order and reserves the right to extend an additional 10 (ten) days with written notification within this period. If, for any reason, the cost of goods/services is not paid or canceled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the goods/services.
Article 5- Rights and Obligations of the Seller:
5.1. The seller is responsible for the delivery of the contracted goods/services intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
If the contractual goods/services are 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.
The seller receives the goods/services returned within fourteen (14) days after the withdrawal statement is received, and returns the goods/service price, if any, valuable papers within 10 (ten) days after receiving the returned product. For justified reasons, the seller may supply the buyer with equal quality and price before the contractual performance period expires.
5.2. If the seller thinks that the performance of the goods/services has become impossible, he shall notify the buyer before the performance period of the contract expires. The paid price and documents, if any, are returned within 10 (ten) days. Defective or damaged goods/services from goods/services sold with or without warranty certificate can be sent to the Seller for the necessary repair within the warranty conditions, in which case the delivery expenses shall be borne by the Buyer.
5.3. The buyer cannot be less than 18 years old. Even if it is minor, the seller will accept the age of the buyer as stated in the contract as a basis and will not be held responsible for incorrectly writing the age of the buyer.
If the Buyer does not make the payment within 3 (Three) days from the order date, the Seller may unilaterally terminate the sale.
Article 6- Rights and Obligations of the Buyer:
6.1 The Buyer accepts and undertakes to fulfill the acts imposed on him in the contract, except for force majeure. In addition, he/she accepts and undertakes that he/she is deemed to have accepted all the provisions of this contract if he/she places an order.
6.2. The buyer shall inspect the contracted goods/services before receiving any dents, broken, torn packaging etc. damaged and defective goods / services will not be received from the cargo company. The received Goods/services shall be deemed to be undamaged and intact. It is the buyer’s responsibility to carefully protect the goods/services after delivery. The invoice on the shipping package must be retained for return.
6.3 After the delivery of the goods/services, if the relevant bank or financial institution fails to pay the price of the goods/services 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, the Buyer shall pay the goods/services3(Three) is obliged to send it to the Seller within days. In this case, shipping costs are the responsibility of the buyer.
6.4. The buyer, from www.fu-ha.com site to all preliminary information about the seller and the goods / services, the use of the right of “withdrawal” and how to use this right, the product order and payment conditions, the product usage instructions, the precautions taken against possible situations and the He/she reads and is informed about the order, payment, usage procedure, etc. information on the www.fu-ha.com site where the warnings are made, that he/she has clear, understandable and appropriate information about the official authorities, etc., to which they can forward their complaints and objections. acknowledges and declares that it confirms.
Article 7- Characteristics of the Goods/Services Subject to the Contract:
7.1 The type, type, quantity, brand, model, color and sales price including All Taxes of the goods/services are as stated in the information on the goods/services promotion page on the website www.fu-ha.com and on the invoice, which is considered an integral part of this contract.
Article 8- Cash/Forward Price of Goods/Services:
8.1. The Cash/Deferred price of the goods/services is as stated in the invoice sent to the customer together with the sample invoice sent at the end of the order and the product.
Article 9- Order, Payment, Shipment:
9.1.In case the buyer makes purchases with credit card and in installments, the installment form and number chosen from the site are valid. In installment transactions, the relevant provisions of the contract signed between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the buyer. The buyer can also track the number of installments and payments from the bank statement sent by the bank.
9.2. For payments made by wire transfer / EFT, the date of transfer to the account will be taken as a basis. The order number must be clearly stated in the Money Transfer/Eft form.
9.3. The buyer is processed through the VIRTUAL POS of the bank he chooses to pay for the products added to his cart. The seller sends a confirmation e-mail to the buyer before shipping the approved orders. After the confirmation e-mail is sent, the shipment process starts.
9.4. Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer by using one or more of the telephone/e-mail ways specified in the contract. If necessary, the buyer may be asked to contact his bank. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to reach the seller’s accounts.
9.5. In case it is understood that the goods/services subject to the contract cannot be supplied for an exceptionally justified reason and/or a stock problem is encountered, if the buyer is informed and approved immediately in a clear and understandable manner, another goods of equal quality and price may be sent to the buyer, or in line with the buyer’s desire and choice. a new product may be sent, it may be expected that the product will be in stock or the other obstacle preventing delivery will be removed, and/or the order may be cancelled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods/services subject to the contract, the buyer is informed of this situation and the total price paid and any documents that put him under debt, if any, are returned to him within 10 (ten days) at the latest, and the contract is canceled. In such a case, the buyer will not claim any additional material and moral damages from the seller.
9.6. With the sending of the order and payment confirmation e-mail, the product/products are delivered to the courier company with which the seller has an agreement. The seller will email the buyer the tracking number and other shipping information, if any. Delivery time to cargo is 7 (seven) working days from the contract date. It can be extended for a maximum of 5 (five) working days, provided that the buyer is notified in writing or by telephone.
9.7. The Buyer shall be deemed to have accepted the obligation of sending the phone with notice in Mobile Areas where the cargo company cannot deliver the address and receiving the delivery from the cargo branch by the buyer. The seller cannot be held responsible for delays and disruptions caused by the cargo company. The buyer must immediately notify the seller of any delivery problems from the seller’s contact information in the contract.
9.8. If the product is to be delivered to another person / organization from the Buyer, the seller is not responsible for the extra shipping costs that may arise from the person / organization not accepting the delivery, inaccuracy in the shipping information and / or the absence of the Buyer.
9.9. Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company representative thinks that the package is not damaged, the buyer has the right to open the package and check that the products were delivered undamaged and to request that the situation be determined with a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty. If the package is not accepted and a report is kept, the situation should be reported to the Seller Customer Services as soon as possible, with the copy of the report remaining in the Buyer’s possession.
Article 10- Product Return and Right of Withdrawal Procedure:
10.1. The buyer has the right to withdraw from the contract within 14 (fourteen) days after receiving the goods, without giving any reason and without paying any penalty, by notifying the seller in advance. In accordance with the general communiqué of VUK numbered 385, the buyer must send the original invoice of the seller delivered with the goods, together with the original, in order for the return to be processed. In case the buyer exercises his right of withdrawal, the seller shall return the total amount received within 10 (ten days) at the latest from the receipt of the invoice together with the product, and any documents, if any, that put the consumer in debt, without incurring any expense to the consumer. The right of withdrawal starts from the day the goods are delivered to the buyer. The cost of returning the returned product or products must be borne by the Buyer. In cases where the return must be paid by the seller, the buyer agrees to send it with the courier company that the seller has an agreement with.
10.2. The buyer agrees and undertakes not to damage the product and its packaging under any circumstances, and to return the original invoice and delivery note at the time of return, in case the buyer wishes to return the product.
10.3. There is no right of withdrawal for goods prepared in line with the buyer’s wishes and/or his personal needs.
10.4. The decrease in the value of the goods received or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value or decrease in the value of the goods.
10.5. In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging that were purchased by mistake, and if the product cannot be returned as it was when it was delivered to the buyer, the product will not be returned and the price will not be refunded.
10.6. The buyer has to notify the seller in advance of his desire to use his right of withdrawal. If the returned product reaches the seller, it is accepted as a return if it meets the conditions specified in this contract, and the refund is made to the buyer’s credit card/account. No refund will be made until the product is returned. The time of reflection of refunds to credit card accounts is at the discretion of the relevant bank. After the seller pays the entire product price to the bank at once, the installment expenditures made from the Bank’s POS can be returned to the buyer’s credit card in installments. This is at the bank’s discretion.
In case of return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer in accordance with the contract he has made with the Bank. In the event of a return transaction, the member workplace, namely the seller, will make the refund via the relevant software, and since the member workplace, the seller, is obliged to pay the relevant amount to the Bank in cash or as a deduction, the buyer cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the amount to the Bank at once.
Article 11- Product Warranty Conditions:
11.1. The warranty period is as stated on the product page of www.fu-ha.com and the supplier determines/applies the warranty.
The products that are used and cleaned in accordance with the instructions for use are guaranteed against all kinds of manufacturing defects within the specified conditions. The seller’s warranty liability is only valid for consumers covered by the law no. 4077. For commercial works, the provisions of the Turkish Commercial Code shall apply.
Article 12- Confidentiality Obligations:
12.1. www.fu-ha.com will never share this agreement with third parties/institutions for any reason. Your personal information will never be given to 3rd Persons/Institutions for statistical, commercial or similar purposes.
The seller will only be able to disclose this information within the framework of the existence of an administrative / legal obligation. If the seller has the information requested from him within the scope of any judicial investigation with documented research capacity, he can provide it to the relevant authority.
Article 13- Authorized Courts and Institutions:
13.1. In disputes that may arise from this contract, Consumer Arbitration Committees are authorized up to the value announced by the Ministry of Industry and Trade, and Consumer Courts are authorized in disputes above this value. Where there is no Consumer Court, Civil Courts of First Instance are authorized.
SELLER : VOLKAN ŞAŞMAZ PRIVATE COMPANY