DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
1.1. SELLER:
Title: DAYEVENTS TOURISM ORGANIZATION AND CONSULTANCY SERVICES INDUSTRY AND FOREIGN TRADE JOINT STOCK COMPANY
Address: Muradiye, Nüzhetiye St. No:25, 34357 Beşiktaş/İstanbul
Phone: +90 532 361 35 05
Customer Service Phone: +90 532 361 35 05
Central Registry Number: 6348546431637324
1.2. BUYER (“CONSUMER”):
Name/Surname/Title: Person Name
Address: Personal Address
Phone: Person's Phone
Email: Person Email
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 Consumer Protection Law No. 6502 regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the CONSUMER ordered electronically from the www.dualtronmackastore.com website.
ARTICLE 3 - INFORMATION REGARDING THE CONTRACTUAL PRODUCT, PAYMENT AND DELIVERY
3.1- Name, quantity, sales price including VAT, payment method and basic characteristics of the goods or services subject to the contract.
Product Name and Basic Features Unit Sales Price
(Total Turkish Lira including VAT) Forward Sales Price
(Total including VAT)
• The order summary page includes information on how many installments the order total will be paid in.
• Your bank may organize campaigns and apply a higher number of installments than the number you have selected, and services such as installment postponement may be offered. Such campaigns are at the discretion of your bank and if our company is aware of them, information about the campaigns is provided on our pages.
• Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months by taking into account fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
3.3- On the other hand, since the sales on credit are made only with credit cards belonging to Banks, the CONSUMER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the CONSUMER in accordance with the provisions of the legislation in force.
Creating your detailed payment plan is at the discretion of your bank.
3.4 – Return Procedure:
In cases where the CONSUMER exercises his/her right of withdrawal or the product in question cannot be supplied for various reasons or the arbitration committee decides to refund the amount to the CONSUMER, the refund procedure regarding the payment options is stated below:
a) Refund Procedure for Credit Card Payment Options
If the purchase is made with a credit card and in installments, the Bank makes the refund to the CONSUMER in installments, regardless of the number of installments in which the CONSUMER purchased the product. After the SELLER pays the bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the CONSUMER's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the CONSUMER until the cancellation of the sale, if the refund date does not coincide with the card's statement closing dates, will be reflected on the card as 1 (one) refund each month, and the CONSUMER will receive the installments paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.
In case of return of goods and services purchased with the card, SELLER cannot make cash payment to CONSUMER due to the contract made with the Bank. SELLER will make the return through the relevant software in case of a return transaction and since SELLER is obliged to pay the relevant amount to the Bank in cash or as a deduction, payment cannot be made to CONSUMER in cash as per the procedure we explained above. Refund to credit card will be made by the Bank in accordance with the above procedure after SELLER makes a single payment to the Bank.
CONSUMER accepts, declares and undertakes that he/she has read and accepted this procedure.
b) Refund Procedure for Wire Transfer/EFT Payment Options
The refund will be made by bank transfer or EFT to the account specified by the CONSUMER by requesting bank account information from the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member).
SELLER pays the entire product price back to the bank in one go.
In case of return of goods and services purchased via EFT/Bank Transfer, SELLER cannot make cash payment to CONSUMER due to the contract made with the Bank. SELLER will make the refund via the relevant software in case of a return transaction and since SELLER is obliged to pay the relevant amount to the Bank in cash or as a deduction, payment cannot be made to CONSUMER in cash according to the procedure we have explained above.
CONSUMER acknowledges, declares and undertakes that he/she has read and accepted this procedure.
3.5- Delivery Method and Address:
Delivery Address: Customer Address
Person to be Delivered: Person Name
Billing Address: Customer Address
Packaging, cargo and delivery costs are covered by the CONSUMER. The cargo fee is 0.00 -TL and the cargo price is added to the total amount of the order. It is not included in the product price. The delivery will be hand-delivered to the CONSUMER's address specified above, through the contracted cargo company. Even if the CONSUMER is not at the address at the time of delivery, our Company will be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not responsible for any damages and expenses arising from the CONSUMER receiving the product late and/or not receiving it at all. The SELLER is responsible for the delivery of the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.
ARTICLE 4 - RIGHT OF WITHDRAWAL
The CONSUMER has the right to withdraw from this Distance Selling Contract signed with the SELLER within 14 (fourteen) days without giving any reason and without paying any penalty. The period of right of withdrawal starts on the day the contract is established for contracts regarding the performance of services; and on the day the CONSUMER or the third party determined by the CONSUMER receives the goods for contracts regarding the delivery of goods. However, the CONSUMER may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods. In determining the period of right of withdrawal;
a. a) For goods that are the subject of a single order and delivered separately, the day the CONSUMER or a third party determined by the CONSUMER receives the last goods,
b. b) For goods consisting of more than one piece, the day the CONSUMER or a third party determined by the CONSUMER receives the last piece,
c. c) In contracts where the goods are delivered regularly for a certain period of time, the day the CONSUMER or a third party determined by the CONSUMER receives the first goods shall be taken into consideration. You may make your withdrawal notification before the expiration of the right of withdrawal period via the easy return option on your personal membership page at www.dualtronmackastore.com. The carrier foreseen within the scope of your right of withdrawal is the cargo company where the ordered product is delivered to you, and details regarding return shipment are explained in the easy return option on your personal membership page at www.dualtronmackastore.com.
The consumer cannot exercise his right of withdrawal in the following contracts:
a. a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
b. b) Contracts regarding goods prepared in line with the CONSUMER's requests or personal needs.
c. c) Contracts concerning products whose protective elements such as packaging, tape, seal, package have been opened after delivery,
d) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
e. d) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the CONSUMER.
f. e) Contracts regarding services that are started to be performed with the approval of the CONSUMER before the expiry of the right of withdrawal period.
If the CONSUMER chooses the “Credit Card” payment option, the CONSUMER accepts, declares and undertakes that the right to withdraw from the Credit Card Agreement will be applied within the scope of the Credit Card Agreement between the Bank and the CONSUMER. In the event that the CONSUMER withdraws from this Distance Sales Agreement signed with the SELLER, the refund processes depend on the contract periods between the CONSUMER and the Bank. The SELLER has no involvement in the refund policy.
ARTICLE 5 - GENERAL PROVISIONS
5.1- CONSUMER declares that he/she has read and is informed about the preliminary information regarding the product subject to the contract on the www.dualtronmackastore.com website and has given the necessary confirmation electronically.
5.2- The product will be delivered within 30 days from the contract date. All responsibility belongs to the SELLER until the product is delivered.
5.3- If the product subject to the contract is to be delivered to a person/organization other than the CONSUMER, the SELLER cannot be held responsible if the person/organization to whom the product will be delivered does not accept the delivery.
5.4- SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
5.5- In order for the delivery of the contractual product, the price of this contract must be paid using the payment method preferred by the CONSUMER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
5.6- If the bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the CONSUMER's credit card by unauthorized persons for reasons not caused by the CONSUMER's fault after the delivery of the product, the product must be sent to the SELLER, provided that it has been delivered to the CONSUMER.
5.7- If the delivered product is a "defective product", the CONSUMER will carry out the return process of the product. After the product is received and checked by the cargo officer, if the defective product has been delivered, a report must be prepared by the cargo officer and the product return process must be initiated. Whether the product is a defective product or not will be determined by the report to be prepared by the cargo company on the product delivery date and time. If the product is a defective product, the cancellation/return process will be initiated without any liability on the part of the CONSUMER.
5.8- If the CONSUMER initiates a cancellation/return process for a defective product, the CONSUMER will be able to get a refund of the amount paid, provided that the shipping fee, if any, is deducted from the total amount. Instead of a refund, the CONSUMER may request a new product.
5.9- The CONSUMER may order a different product for the product for which the refund process has been initiated, provided that the product price remains unchanged. If the price of the new product ordered by the CONSUMER is lower than the price of the old product, the difference will be refunded to the CONSUMER. The CONSUMER may order products for the difference fee. If the price of the new product ordered by the CONSUMER is higher than the price of the old product, the difference fee will be deducted from the CONSUMER through the payment channel.
5.10- In order for the return procedures to be carried out in accordance with the general circular of the tax procedure law numbered 385, the relevant sections of the invoice that includes the return section that we have sent to you must be filled in completely and after it is signed, the cargo officer's report must be added and sent back to us together with the product.
5.11- For products whose sale is planned to be completed with official transactions to be carried out with official authorities in accordance with the relevant legislation, the Preliminary Information Form and Distance Sales Agreement are a preliminary protocol. The total price of these products and the payment method will be specified in the relevant Campaign Terms and/or Product Descriptions, and the expenses that will arise during the completion of official transactions regarding the sale are not included in this price. The said expenses will be paid by the CONSUMER during the performance of official transactions. These sales will be deemed to be completed when the total price is paid by the CONSUMER to the SELLER and official transactions are carried out with official authorities. In this context, provisions that do not have an application area such as right of withdrawal, cargo / delivery and similar provisions will not apply to these products.
5.12- The warranty processes of the products will be carried out through official distributors that the CONSUMER and the SELLER will notify to the consumer. The SELLER does not accept responsibility for the products that the distributors decide to be within the scope of the warranty or outside the scope of the warranty. The CONSUMER accepts, declares and undertakes that the warranty processes of the products it purchases will be carried out through the Official Distributors that the SELLER has notified to it, that this has been notified to it and that it has accepted this, and that the SELLER is not responsible for any loss of rights arising from the warranty terms.
5.13- SELLER shall deliver the official distributors of the products to CONSUMER while delivering the product which caused the contract to be established with CONSUMER through the cargo company. CONSUMER accepts, declares and undertakes that he/she has received the information of the official distributors after the product delivery to CONSUMER, and that if the official distributor information has not been delivered to CONSUMER, he/she will request the official distributor information from SELLER within 14 days from the date of product delivery, otherwise SELLER has no obligation.
ARTICLE 6 - DISPUTES AND COMPETENT COURT
In case of disputes arising from this contract , Turkish courts have jurisdiction and the applicable law is Turkish law.
For disputes up to the value declared by the Ministry of Customs and Trade every year within the borders of the Republic of Turkey, the Provincial or District Consumer Arbitration Committees where the CONSUMER transaction was made or where the CONSUMER resides will have jurisdiction, and for disputes over the said value, the Consumer Courts where the CONSUMER transaction was made or where the CONSUMER resides will have jurisdiction.
If the order is placed, the CONSUMER is deemed to have accepted all the terms of this agreement.
SELLER : Dualtron Macka Store
BUYER(“”CONSUMER””): Buyer Name
Date : Ordered Date
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