Sales Agreement
BEKIR AKGUN ( www.tuhafiyecimiz.com) and the Customer in the Virtual Environment Distance Sales Agreement.
Article - 1
The subject of this contract is the Law on the Protection of Consumers numbered 4077, regarding the sale and delivery of the product sold by the seller to the buyer, whose qualities and sales price are stated below; It covers the rights and obligations of the parties in accordance with the provisions of the Regulation on Implementation Principles and Procedures of Distance Contracts.
Article - 2
SELLER INFORMATION
Title: BEKİR AKAGÜN (Hereinafter referred to as http://www.tuhafiyecimiz.com or SELLER)
Address: Address : Rüstempaşa Mh. Alacahamam Sk. No:9 Nasırzadeler Han
Floor:2 No:201
Eminonu Fatih / ISTANBUL
Article - 3
RECEIVER INFORMATIONS
Name-Surname/Title:
Address :
Telephone:
Fax:
E-mail:
Article - 4
SUBJECT OF THE CONTRACT AND PRODUCT INFORMATION:
Goods/Products or Services; Type, Quantity, Brand/Model, Color, Quantity, Sale Price and Payment Method are as stated below and these promises are valid until ……………….
Type of Goods/Products/Services:
Brand/Model:
Color:
MOQ:
Sales Price (including VAT):
Shipping cost:
Payment method:
Delivery address :
Person to be delivered:
Billing address:
Article - 5
GENERAL PROVISIONS
5.1 - The BUYER declares that he has read all the preliminary information regarding the basic characteristics, sales price, payment method and delivery of the product subject to the contract specified in Article 4, and has given the necessary confirmation in electronic environment.
5.2 - The product subject to the contract is delivered to the buyer or the person or organization at the address indicated in the preliminary information, depending on the distance of the buyer's place of residence for each product, provided that the legal 30-day period is not exceeded.
5.3 - If the product subject to the contract is to be delivered to another person or organization from the buyer, the SELLER cannot be held responsible because the person or organization to be delivered does not accept the delivery.
5.4 – The SELLER is responsible for the delivery of the contracted product in a solid, complete, in accordance with the qualifications specified in the order and together with the warranty documents and user manuals, if any.
5.5 - For the delivery of the product subject to the contract, this contract must be approved electronically and the sale price must be 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 is deemed to be free from the obligation to deliver the product.
5.6 - In the event that the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or illegal use of the credit card of the buyer by unauthorized persons after the delivery of the product, not due to the fault of the buyer, the BUYER himself or the product delivered to the person or institution specified in the sales contract It has to send it to the SELLER within 3 working days. In such a case, the shipping costs are the responsibility of the buyer.
5.7 - If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the buyer of the situation. In this case, the buyer may use one of the rights to cancel the order, to replace the product subject to the contract with its precedent, if any, and/or to postpone the delivery time until the obstacle is removed. In the event that the buyer cancels the order, the SELLER makes an attempt at the relevant bank to cancel the credit card receipt belonging to the buyer and return the relevant amount to the buyer's account within 7 days, and the transaction is notified to the BUYER via e-mail. In such a case, the SELLER cannot be held responsible for delays caused by the relevant bank.
5.8 - In case the products delivered to the person and/or institutions that the BUYER and/or the BUYER want to be delivered are defective or broken, the relevant product or products are sent to the SELLER, from the date of receipt by the BUYER, for the necessary repair or replacement within the warranty conditions. It is sent within 7 days starting from the beginning and shipping costs are covered by the SELLER. In such a case, if the 7-day period expires, the BUYER has to take the product he has received to the relevant service.
5.9- This contract becomes valid after it is electronically approved by the buyer and delivered to http://www.tuhafiyeciniz.com.
Article - 6
RIGHT OF WITHDRAWAL:
The Buyer has the right to withdraw within seven (7) days from the delivery of the contracted product to himself or the person/organization at the address indicated. In order for the right of withdrawal to be exercised, the SELLER must be notified by fax or e-mail within this period and the product has not been used within the framework of the provisions of Article 7 and the packaging has not been damaged. In case this right is exercised, it is obligatory to return the original sales invoice with a sample of the cargo delivery report stating that the product delivered to the 3rd party or the Buyer has been sent to the SELLER. Within 7 days following the receipt of these documents, the SELLER makes an attempt at the relevant bank to return the product price to the BUYER's credit card account. The SELLER cannot be held responsible for the failures on the bank's part in the return of the product price. If the original invoice is not sent, the value added tax and other legal obligations, if any, are not refunded. The shipping cost of the product returned due to the right of withdrawal belongs to the BUYER. In addition, the right of withdrawal cannot be used for products that cannot be returned due to their nature, single-use products, copyable software and programs, products that deteriorate rapidly or expire. It is subject to the condition that the packaging of any product is unopened, intact and the product is unused.
Article - 7
AUTHORIZED COURT :
In the implementation of this contract, the Consumer Arbitration Committees and the CONSUMER COURTS at the BUYER's or SELLER's residence are authorized up to the value announced by the Ministry of Industry and Trade. In case the order is approved electronically, the BUYER shall be deemed to have accepted all the provisions of this contract.
Consumer Law (General Provisions and Provisions Regarding Distance Sales)
4077, AMENDED BY LAW NO 4822
LAW ON CONSUMER PROTECTION
PART ONE
Purpose, Scope, Definitions
Aim
Article 1- The purpose of this Law is to take measures to protect the health and safety and economic interests of the consumer, to enlighten, to educate, to compensate for the damages, to ensure that they are protected from environmental hazards, to encourage the initiatives of consumers to protect themselves, and to encourage voluntary organizations in the formation of policies in this regard. arranging matters.
Scope
Article 2- This Law covers all kinds of consumer transactions in which the consumer is one of the parties in the goods and service markets for the purposes specified in the first article.
Definitions
……………..
PART TWO
Consumer Protection and Enlightenment
defective goods
Article 4- Inconsistent with the quantity that affects the quality or quality included in its packaging, label, introduction and user manual or advertisement and announcements or notified by the seller or determined in its standard or technical regulation, or reduces its value in terms of allocation or use, or the benefits expected by the consumer from it. Goods that contain material, legal or economic deficiencies that eliminate or eliminate them are considered as defective goods.
The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to return from the contract, including the refund, to replace the product with a non-defective one, or to request a price reduction or free repair at the rate of shame. The seller is obliged to fulfill this demand preferred by the consumer. Along with one of these optional rights, the consumer also has the right to demand compensation from the manufacturer-manufacturer in cases that cause death and/or injury caused by the defective goods and/or cause damage to other goods in use.
Manufacturer-manufacturer, seller, dealer, agent, importer and creditor according to the fifth paragraph of Article 10 are jointly responsible for the defective goods and the consumer's optional rights in this article. If more than one person is responsible for the damage caused by the defective goods, they are jointly and severally liable. Not knowing that the goods sold are defective does not remove this responsibility.
If those who are held responsible for the defect with this article do not take responsibility for the defect for a longer period of time, the responsibility for the defective goods is subject to a two-year time limit from the date of delivery of the goods to the consumer, even if the defect occurs later. This period is five years for residential and holiday immovable properties. Claims to be made due to all kinds of damages caused by the defective goods are subject to a three-year statute of limitations. These claims disappear after ten years, starting from the day the product causing the damage is placed on the market. However, if the defect of the goods sold is concealed from the consumer by the seller's gross fault or fraud, the statute of limitations cannot be used.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.
It is obligatory to put a label stating "disabled" on the defective goods to be offered for sale or on their packaging, by the manufacturer or the seller, in a way that the consumer can easily read. There is no obligation to put this label in places where only defective goods are sold or in places such as a floor or a section that are permanently allocated to the sale of defective goods so that the consumer can know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.
Unsafe goods, even if the label be placed on the market is impaired. The provisions of the Law No. 4703 on the Preparation and Implementation of the Technical Legislation Regarding the Products are applied to these products.
These provisions are also applied in all kinds of consumer transactions related to the sale of goods.
Defective service
Article 4/A- Services that contain material, legal or economic deficiencies that affect the quality or quality determined in the advertisements and announcements notified by the supplier or that are contrary to the quantity determined in the standard or technical rule, or that reduce or eliminate the value in terms of the purpose of benefiting or the benefits expected by the consumer, are defective. is considered a service.
The consumer is obliged to notify the supplier of this defect within thirty days from the date of performance of the service. In this case, the consumer has the right to withdraw from the contract, to see the service again or to reduce the price at the rate of shame. If the termination of the contract by the consumer cannot be justified as a requirement of the situation, a discount from the price is sufficient. Along with one of these optional rights, the consumer may also request compensation within the framework of the conditions specified in Article 4. The provider is obliged to fulfill this demand chosen by the consumer.
Provider, dealer, agency and creditor according to the fifth paragraph of Article 10 are jointly responsible for the defective service and all kinds of damages caused by the defective service and the consumer's optional rights in this article. Not knowing that the service provided is defective does not remove this responsibility.
If no warranty is given for a longer period of time, claims to be made due to defective service are subject to a two-year statute of limitations from the performance of the service, even if the defect is discovered later. Claims to be made due to all kinds of damages caused by defective service are subject to a three-year statute of limitations. However, if the fault of the service provided is hidden from the consumer by the supplier's gross fault or fraud, the statute of limitations cannot be used.
Except for the provisions regarding liability for the damages caused by the defective service, the above provisions shall not apply to the services obtained knowing that they are defective.
These provisions also apply to any consumer transaction related to the provision of services.
Avoidance of sales
Article 5- A good that does not have the phrase "sample" or "not for sale"; The seller cannot avoid the sale of these goods if they are displayed in the showcase, shelf or any other clearly visible place of a commercial establishment.
It is unavoidable to provide services without a justifiable reason.
Unless there is a custom, custom or custom to the contrary, the seller cannot make the sale of a good or service dependent on conditions such as the quantity, number or size determined by the good or service itself, or on the purchase of another good or service.
This provision is also applied in other contracts for the sale of goods and the provision of services.
Unfair terms in contracts
Article 6- Contractual conditions, which the seller or the supplier unilaterally entered into the contract without negotiating with the consumer, causing an imbalance against the consumer in the rights and obligations of the parties arising from the contract, contrary to the rule of goodwill, are an unfair condition.
Unfair terms in any contract where one of the parties is formed by the consumer are not binding for the consumer.
If a contract term has been prepared in advance and has not been able to affect the consumer content, especially because it is included in the standard contract, it is considered that that contract term has not been negotiated with the consumer.
If it is concluded from the evaluation of the contract as a whole that it is a standard contract, the fact that certain elements of a condition or an individual provision in this contract have been negotiated does not prevent the application of this article to the remaining part of the contract.
If a vendor or supplier claims that a standard requirement has been individually discussed, the burden of proof rests on it.
Consumer contracts stipulated to be written in articles 6/A, 6/B, 6/C, 7, 9, 9/A, 10, 10/A and 11/A shall be drawn up in at least twelve font size and bold black letters. In the absence of one or more of the conditions, the deficiency does not affect the validity of the contract. This deficiency is remedied immediately by the vendor or provider.
The Ministry determines the procedures and principles regarding the detection of unfair terms in standard contracts and ensuring that they are removed from the contract text.
sale in installments
Article 6/A- Sale by installments is the type of sale in which the sale price is paid in at least two installments and the goods or services are delivered or performed at the time the contract is drawn up.
The sales contract in installments must be made in writing. The minimum conditions to be included in the contract are shown below:
a) Name, title, full addresses and access information, if any, of the consumer and the seller or supplier,
b) The pre-sale price of the good or service in Turkish Lira including taxes,
c) Total selling price in Turkish Lira to be paid together with interest according to maturity,
d) The interest amount, the annual rate at which the interest is calculated, and the default interest rate, provided that it does not exceed thirty percent of the interest rate determined in the contract,
e) Down payment amount,
f) Payment schedule,
g) Legal consequences of the debtor's default.
The seller or the provider is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer. If a bill of value as a negotiable document will be issued separately from the contract, this promissory note will be issued separately for each installment payment and only in writing to the registered name. Otherwise, the bill of exchange is invalid.
In installments; The consumer has the right to prepay the total amount owed. At the same time, the consumer can make one or more installments, not less than one installment amount. In both cases, the seller is obliged to make the necessary interest deduction according to the amount paid.
If the seller or the provider has reserved the right to demand the performance of the remaining debt in case one or more of the installments are not paid, this right; It can only be used if the seller or the provider has fulfilled all its obligations and the consumer is in default in paying at least two consecutive installments and the total of the unpaid installments is at least one tenth of the sales price. However, in order for the seller or the provider to exercise this right, they must give at least one week and give a warning of maturity.
Contract terms can not be changed in any way against the consumer.
door-to-door sales
Article 8- Door-to-door sales; These are the sales made outside the sales places such as workplaces, fairs and fairs.
The Ministry determines the qualifications to be sought in those who will make door-to-door sales, door-to-door sales that are subject to this Law or not, and the implementation procedures and principles regarding door-to-door sales.
In such sales; The consumer is free to accept the goods within seven days from the date of receipt or to refuse without giving any reason and without any obligation. In the sale of services, this period starts from the date of signing the contract. Before the expiry of this period, the seller or the provider cannot ask the consumer to make a payment under any name or to provide any document that puts him under debt in return for the goods or services subject to the door-to-door sale. The seller is obliged to take back the financials within twenty days from the date of receipt of the withdrawal notice.
The consumer is not responsible for the changes and deteriorations that occur due to the habitual use of the goods.
For door-to-door sales made in installments, the provisions of article 6/A and for door-to-door sales with a campaign, the provisions of article 7 are applied separately.
Obligation of seller and supplier in door-to-door sales
Article 9- In door-to-door sales contracts, in addition to the other elements required to be included in the contract, explanatory information regarding the quality and quantity of the goods or services, the address to which the withdrawal notification will be made, and the following phrase written in at least sixteen fonts and bold black letters must be included:
We undertake that the consumer has the right to withdraw from the contract by refusing the financial or service within seven days from the date of receipt or signing of the contract without any legal or criminal liability and without giving any reason, and to receive the financial refund from the date of the withdrawal notification to the seller / supplier.
The consumer signs the contract in which his rights are written and writes the date in his own handwriting. The seller or the provider is obliged to ensure that this information is included in the contract and to give a copy of the contract concluded between the parties to the consumer.
Proof that a contract drawn up in accordance with the provisions of this article and that the goods have been delivered to the consumer belongs to the seller or the supplier. Otherwise, the consumer is not bound by the seven-day period to use the right of withdrawal.
distance contracts
Article 9/A- Distance contracts; These are the agreements made in written, visual, telephone and electronic media or by using other communication tools and without confronting the consumers, in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.
Before the conclusion of the distance sales contract, it is obligatory to give the information to the consumer, the details of which will be determined in a communiqué to be issued by the Ministry. The contract cannot be concluded unless the consumer confirms in writing that he has obtained this information. Confirmation of contracts made in electronic environment is also done in electronic environment.
The seller and the supplier fulfill the action within thirty days from the moment the consumer's order reaches him. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing beforehand.
The seller or the provider is obliged to prove that the delivery of the intangible goods or services delivered to the consumer in the electronic environment is made without defects.
During the right of withdrawal, the provisions regarding door-to-door sales are also applied to distance contracts, with the exception of the provisions that the consumer cannot be asked to make a payment under any name or to give any document that puts them in debt in return for the goods or services subject to the contract.
The seller or the supplier is obliged to return the price, valuable documents and any document that puts the consumer in debt due to this legal transaction within ten days from the date of receipt of the withdrawal notice and to get the financial back within twenty days.
Price tag
Article 12- It is obligatory to put labels containing the price, place of production and distinguishing features, including all taxes, on the goods or their packages or containers, which are offered for retail sale, in an easily visible and legible manner, and in cases where it is not possible to put a label, the lists containing the same information must be hung in appropriate places so that they can be seen. .
Lists showing the tariffs and prices of services are also arranged according to the first paragraph and hung.
If there is a difference between the price specified in the label, price and tariff lists and the price of the safe, the sale is made over the price in favor of the consumer.
Price; It is forbidden to offer the goods or services determined by the Council of Ministers, public institutions and organizations or professional organizations in the nature of public institutions at a price higher than this determined price.
The Ministry regulates the form, content, procedures and principles of labels and tariff lists with a regulation. The ministries and municipalities are separately responsible for carrying out the works related to the implementation and monitoring of the provisions of this article.
Warranty certificate
Article 13- Manufacturers or importers are obliged to issue a guarantee certificate approved by the Ministry for the industrial goods they import or produce. Responsibility for the delivery of the warranty certificate containing the date and number of the invoice regarding the goods to the consumer belongs to the seller, dealer or agency. The warranty period starts from the delivery date of the goods and is minimum two years. However, due to its characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.
Seller; In the event that the goods covered by the warranty certificate fail within the warranty period, they are obliged to repair them without any charge under the financial labor cost, the cost of the replaced parts or any other name.
If the consumer has used his/her right to repair, he/she may use his/her other optional rights in Article 4, in cases where the inability to benefit from the product is permanent due to frequent malfunctions during the warranty period, or if the maximum period required for repair is exceeded or if it is understood that the repair is not possible. The seller cannot refuse this request. If this demand of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-manufacturer and the importer are jointly responsible.
Defects arising from the consumer's use contrary to the matters included in the financial user guide are outside the scope of the provisions of the second and third paragraphs.
The Ministry is responsible for determining and announcing which industrial goods have to be sold with a guarantee certificate and the maximum time required for the repair of the faults of these goods, taking the opinion of the Turkish Standards Institute.
Introduction and user guide
Article 14- It is obligatory to sell domestically produced or imported industrial goods with a Turkish guide on promotion, use, maintenance and simple repair, and when necessary, with labels containing international symbols and signs.
The Ministry is responsible for determining and announcing which of the industrial goods must be sold with a promotional and user manual and label, and the minimum elements that must be included in them, taking the opinion of the Turkish Standards Institute.
After sales services
Article 15- Manufacturers or importers are obliged to provide maintenance and repair services for the industrial goods they sell, produce or import, during the useful life of the goods determined and announced by the Ministry, by keeping sufficient technical personnel and spare parts stock.
The amount of spare parts stock that manufacturers or importers should keep is determined by the Ministry.
In the event that the importer's commercial activities are terminated in any way, the new importer of that good has to offer maintenance and repair services during its lifetime.
The Ministry is responsible for determining and announcing for which goods it is obligatory to establish service stations, and the procedures and principles regarding the establishment and operation of service stations, taking the opinion of the Turkish Standards Institute.
In the event that an industrial property, which must be sold with a warranty certificate, fails after the warranty period, it must be repaired within the maximum repair period determined by the Ministry.
Commercial advertisements and advertisements
Article 16- It is essential that commercial advertisements and advertisements comply with the laws, the principles determined by the Advertisement Board, general morality, public order and personal rights, be honest and correct.
Advertisements and advertisements that deceive the consumer, mislead or abuse his/her lack of experience and knowledge, endanger the life and property of the consumer, encourage acts of violence and commit crimes, disrupt public health, exploit patients, the elderly, children and the disabled, and covert advertisements cannot be made.
Comparative advertisements of competing goods and services that meet the same needs or for the same purpose can be made.
The advertiser is obliged to prove the concrete claims in the commercial advertisement or advertisement.
Advertisers, advertisers and media organizations are obliged to comply with the provisions of this article.
Dangerous goods and services
Article 18- In the event that the goods and services offered to the consumer may be harmful or dangerous to the person's physical and mental health and the environment, explanatory information and warnings regarding this situation shall be placed or written in such a way that they can be clearly seen and read in order for these goods to be used safely or on the attached user manuals.
The Ministry is responsible for determining and announcing which goods or services should carry explanatory information and warnings, and the form and place of such information and warnings, together with the relevant ministry and other organizations.
Article 19- Goods and services offered to the consumer; It should comply with the mandatory technical regulation, including the standards published in the Official Gazette by the relevant ministries.
Relevant ministries are responsible for making or making inspections based on these principles. The procedures and principles regarding the inspection of goods and services are determined and announced separately by each relevant ministry.
Consumer education
PART THREE
Consumer Organizations
consumer council
Article 21- ……………
consumer issues arbitration committee
Article 22- The Ministry is responsible for forming at least one arbitration committee for consumer problems in provincial and district centers in order to find a solution to the disputes arising from the implementation of this Law.
The arbitral tribunal for consumer issues, chaired by the Provincial Director of Industry and Commerce or an officer to be appointed; It consists of five members, including the president, a member to be appointed by the mayor from among the expert municipal personnel, a member to be appointed from among the members of the bar association, a member to be appointed by the chamber of commerce and industry and chambers of tradesmen and craftsmen, and a member to be elected by consumer organizations. The member to be assigned by the chamber of commerce and industry or by the chamber of commerce and the chambers of tradesmen and craftsmen in places where it is established separately, is appointed by the relevant chamber, depending on whether the person forming the seller's side of the dispute is a merchant or a tradesman and craftsman.
In provinces and districts where there is no provincial organization of the Ministry, the presidency of the arbitration committee for consumer problems is carried out by the highest civilian chief or an officer to be appointed. In places where there is no consumer organization, consumers are represented by consumer cooperatives. In places where the composition of the arbitration committee for consumer problems cannot be ensured, the missing memberships are filled ex officio by the municipal councils.
In consumer issues arbitration committees, at least one rapporteur is assigned to prepare the files that will be the basis for the work and decisions of the committee and to present the report on the dispute.
In disputes with a value of less than 792.12 (seven hundred ninety two ytl twelve ykr), it is obligatory to apply to the arbitration committees for consumer problems. In these conflicts, decisions made by the delegation obliges the sides. These decisions are carried out in accordance with the provisions of the Execution and Bankruptcy Law on the execution of the writs. The parties may appeal to the consumer court against these decisions within fifteen days. The appeal does not stop the execution of the decision of the arbitral tribunal of consumer problems. However, upon request, the judge may suspend the execution of the arbitral tribunal's decision on consumer issues through injunction. The decision of the consumer court upon the objection made against the decisions of the arbitral tribunal on consumer issues is final.
In disputes with a value of five hundred million TL and above, the decisions of the arbitration committees for consumer problems can be brought forward as evidence in consumer courts. The monetary limits on whether decisions will be binding or evidence increase at the rate of the annual average price increase in the Wholesale Price Index of the State Institute of Statistics at the end of October of each year. This situation is announced in the Official Gazette in December every year by the Ministry.
All disputes, consumer problems, other than those subject to criminal sanctions in Article 25, are within the scope of the duties and powers of arbitration committees.
The principles and procedures regarding the payment of the honorarium or attendance fee given to the President and members of the Arbitration Committees for Consumer Problems and the rapporteurs are determined by the Ministry with the approval of the Ministry of Finance, provided that the amount to be paid in a month does not exceed the amount to be found by multiplying the 2000 indicator figure with the monthly coefficient of the civil servants.
Establishment of arbitration committees for consumer problems, working procedures and principles and other issues are regulated in a regulation to be issued by the Ministry.
PART FOUR
Provisions Regarding Trial and Punishment
consumer courts
……………………………….
FIFTH
Note: WHEN THE CONSUMER RIGHTS LAW IS RENEWED OR CHANGED ACCORDING TO TR LAWS, THE INFORMATION IN THIS AGREEMENT IS SUBJECT TO THE PROVISIONS OF THE NEW LAW.