Distance Selling Contract

  1. PARTIES

1.1. SELLER

Title: Sırma Ahşap Mobilya Halıcılık Dayanıklı Tüketim Malları San. Ve Tic. A. Ş.

Address: Arifiye Mah. Yalbı Sk. No:11 Odunpazarı / ESKİŞEHİR

Phone Number: +90 222 340 40 44

Tax Authority: Eskişehir Vergi Dairesi Başkanlığı

Tax Number: 7700745564

E-Mail Address: info@divonahome.com

 

1.1. RECEIVER

Name/Surname /Title: {{RECEIVER_NAME}}

Address: {{ADDRESS_INVOICE }}

E-Mail Address: {{RECEIVER_E-Mail}}

 

  1. SUBJECT AND SCOPE OF THE CONTRACT

The subject of this contract is that the BUYER belongs to the SELLER, Sırma Ahşap Mobilya Halıcılık Dayanıklı Tüketim Malları San. Ve Tic. A.Ş. ({{URL}}) is a warning of the rights and knowledge of the parties in accordance with the Regulations on the Provisions on the Protection of Consumers and Distance Contracts Implementation Principles and Procedures No. 4077 regarding the qualifications and sales price of the product, which you can see below on the internet sites.

 

  1. CONTRACT TOPIC PRODUCT

Payment method: {{PAYMENT_ SHAPE}}

Delivery address: {{ADDRESS_ DELIVERY}}

Person To Be Delivered: {{ADDRESS_DELİVERED_ PERSON}}

The kind and type of the products, quantity, brand / model color, sales price and applied discounts are as follows.

{{ PRODUCTS _TABLE}} 

 

  1. GENERAL PROVISIONS

4.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and the payment method and the delivery on the website of the SELLER, and gives the necessary confirmation electronically. The BUYER confirms the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information are also correct and complete. and undertakes.

4.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

4.3. The SELLER shall deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work within the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight declares and undertakes.

4.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.

4.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.

4.6. The BUYER accepts, declares and undertakes that it will confirm this contract electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.

4.7. BUYER, if the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the credit card belonging to the BUYER after the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or the BUYER. It accepts, declares and undertakes that it will return it to the SELLER within 3 days, shipping costs to be borne by the SELLER.

 

4.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within the period due to force majeure such as the occurrence of force majeure, such as the occurrence of unforeseen and unpredictable situations that prevent the parties from fulfilling their debts. The BUYER also has the right to demand from the SELLER to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the obstacle is eliminated. If the order is canceled by the BUYER, the amount of the product will be paid to the BUYER in cash and in lump sum within 14 days. For the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares and undertakes that it cannot be held responsible.

4.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or later updated by the SELLER, mail, e-mail, SMS, phone call and other means of communication, marketing, has the right to reach the BUYER for notification and other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.

4.10. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / services should not be used. The invoice must be returned.

4.11. In the event that the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month's statement. or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

4.12. The BUYER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification of the SELLER.

4.13. The BUYER agrees and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.

4.14. The BUYER cannot use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, it cannot be involved in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for other members to use the services.

4.15. On the website of the SELLER, links may be given to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute any guarantee for the information contained in the linked website.

4.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the event is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

 

  1. RIGHT OF WITHDRAWAL

5.1. RECEIVER; In the event that the distance contract is related to the sale of goods, it may use the right to withdraw from the contract by refusing the product without any legal or criminal liability and without any justification, provided that the product is notified to the SELLER within 14 (fourteen) days from the date of delivery to the person / organization at the address indicated. In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts whose service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.

5.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within a period of 14 (fourteen) days and the product must not be used in accordance with the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. If this right is exercised,

5.2.1. The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning.

5.2.2. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.

5.2.3. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days from the receipt of the withdrawal notice and to return the goods within 20 days.

5.2.4. If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the right of withdrawal period.

5.2.5. If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

 

  1. PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL RIGHT

The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, reproducible software and programs, products that deteriorate rapidly or have expired. The use of the right of withdrawal in the following products is subject to the condition that the package of the product is not opened, spoiled and the product has not been used.

  • Special Made-to-Order Products
  • Products That Cannot Be Returned Due To Their Nature

 

  1. AUTHORIZED COURT

In the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the BUYER or SELLER are authorized up to the value declared by the Ministry of Industry and Trade.

In the event of the order, the BUYER is deemed to have accepted all the terms of this contract.

 

  1. OPERATION

When the BUYER makes the payment for the order placed on the site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site prior to the realization of the order.

DATE: {{DATE}}

SELLER: Sırma Ahşap Mobilya Halıcılık Dayanıklı Tüketim Malları San. Ve Tic. A. Ş.

RECEIVER: {{RECEIVER_NAME}}

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