Terms & Conditions
DISTANT SALES AGREEMENT
ARTICLE 1 – PARTIES
|Corporate Name||:||ALMUR TEKSTİL ALİ MURAT ZARE’I
(Mersis No: 6328935659600013)
|Telephone||:||(0216) 557 02 40|
|Bank Account||:||Türkiye İş Bankası 1. Levent Branch
Branch Code: 1035…………….
IBAN No: TR69 0006 4000 0011 0351 3783 57
and/or Title/Corporate Name :
T.R. ID Number :
ARTICLE 2- SUBJECT-MATTER OF THE AGREEMENT
Article 2.1- The subject-matter of this Agreement is to determine the rights and obligations of the parties hereto in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distant Sales Agreements with respect to the sale and delivery of the product(s) for which order is placed by Buyer on the electronic environment through the website of Seller at the address www.allmur.com, the qualifications and sales price of which are specified below.
Article 2.2- Buyer acknowledges and represents according to the provisions hereof that he/she/it has been informed by Seller overtly, understandably and in accordance with internet environment of all the related preliminary information with respect to subject product such as the name, corporate name, mailing address, telephone and other communication information of Seller, basic qualifications of the subject product, sales price including taxes, payment terms, delivery terms and expenses, etc. and exercise of the right to “rescind” and how to exercise such right, official department with which his/her/its complaints and objections may be filed, and that he/she/it has confirmed all this preliminary information on electronic environment and thereafter has placed his/her/its order for the subject product.
Article 2.3- The preliminary information contained on the website www.allmur.com and the invoice made out upon the order placed by Buyer are the integral part of this Agreement.
ARTICLE 3- SUBJECT PRODUCT / PAYMENT / DELIVERY INFORMATION
Article 3.1- The sort and type, quantity, brand/model, sales price, payment method of the product/products purchased on electronic environment, the person to receive the subject product(s), delivery address, invoice information and shipment fee are as stated below. The person to whom invoice is to be issued and the person making the agreement are required to be the same person. The following information should be correct and complete. Buyer acknowledges covering completely all the damages to arise from situations of inaccuracy or incompleteness of this information and Buyer further acknowledges any kinds of responsibility that may come into existence from this condition.
Article 3.2- In cases where it deems necessary, Seller reserves the right to suspend the order when the information provided by Buyer does not correspond to the actual situation. In cases where it determined problem in the order, if Seller cannot have access to Buyer via telephone number, e-mail and mailing addresses provided by Buyer, Seller freezes the order to be put in process for a period 15 (fifteen) days. It is expected that Buyer gets in contact with the Seller with respect to the subject within this period of time. If not any reply can be received from Buyer within this period of time, Seller cancels the order for either party not to sustain damages from this procedure.
Particulars of the product / products purchased:
Name, Code; … units
Total Sales Price: TL …. –
Payment method: Credit Card/Bank Transfer (EFT)
Person to whom the Product is to be delivered:
Address to which the Product is to be delivered:
Person/Institution to whom/which Invoice is to be delivered:
Tax ID Number:
Shipment Fee: TL … –
ARTICLE 4- AGREEMENT DATE
The agreement date is the date …/../…. being the date on which order is placed by Buyer.
ARTICLE 5- FORCE MAJEURE
Article 5.1- The situations not existing or not foreseen on the date on which the Agreement is signed, developing beyond the reasonable controls of the Parties hereto, precluding one or either party of the parties from fulfilling their contractual obligations and responsibilities either in part or in whole with coming into existence or precluding the parties from fulfilling the same on a timely basis are to be deemed to be force majeure events (acts of god, war, terror, riot, provisions of changing legislation, expropriation or strike, lockout, significant failure in production and communication facilities, etc.). The party incurring force majeure event shall notify other party promptly and in writing of such force majeure event.
Article 5.2- During continuation of the force majeure event, the parties hereto shall not have any responsibility for non-fulfillment by them of their contractual performances. If this force majeure event continues for a period of 30 (thirty) days, either party shall have the right to terminate the Agreement unilaterally.
ARTICLE 6- RIGHTS AND OBLIGATIONS OF SELLER
Article 6.1- Seller acknowledges and undertakes to fulfill its contractual obligations in full except for force majeure events in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distant Sales Agreements.
Article 6.2- Persons under the age of 18 (eighteen) cannot make shopping at www.allmur.com. Seller shall rely on the correctness of the age of Buyer specified by him/her in the Agreement. However, Seller shall not be held responsible in any way due to the fact that Buyer has written his/her age incorrectly.
Article 6.3- Seller is not responsible for price incorrectness coming into existence due to system failures. Based on this, Seller is not responsible for promotion, price mistakes that may come into existence from the system on the website, the design of the system or due to intervention in the website through illegal ways. Buyer cannot claim any right from Seller based on system failures.
Article 6.4- Shopping may be carried out at www.allmur.com via credit card (Visa, MasterCard, etc.) or bank transfer. Orders the transfer of which is not effected within one week from the date of order are cancelled. The time at which the orders are put in process is the moment at which the necessary collection is determined to have been made from the credit card account or the transfer (EFT) is determined to have reached the bank accounts, not the moment at which the order is placed. The methods of payment such as cash on delivery or postal check realized without contacting the customer services cannot be accepted.
ARTICLE 7- RIGHTS AND OBLIGATIONS OF BUYER
Article 7.1- Buyer acknowledges and undertakes that he/she/it shall perform his/her/its contractual obligations in full except for force majeure conditions.
Article 7.2- Buyer acknowledges and undertakes that, with placing order, it is deemed that he/she/it has acknowledged the provisions of this Agreement and he/she/shall make payment in compliance with the payment method specified in the Agreement.
Article 7.3- Buyer acknowledges and represents that he/she/it is informed from the website http://www.allmur.com overtly, understandably and in accordance with internet environment of all the related preliminary information with respect to subject product such as the name, corporate name, mailing address, telephone and other communication information of Seller, basic qualifications of the subject product, sales price including taxes, payment terms, delivery terms and expenses, etc. and exercise of the right to “rescind” and how to exercise such right, official department with which his/her/its complaints and objections may be filed, and that he/she/it has confirmed all this preliminary information on electronic environment.
Article 7.4- Depending on the previous Article, Buyer hereby represents that he/she/it has read and had information about the information on order/payment/procedure of use on www.allmur.com on which the terms of placing order for the subject product(s) and payment terms thereof, instructions for use of products, measures taken against probable situations and warnings made with respect to the same are available and that he/she/it has given the necessary confirmation on electronic environment.
Article 7.5- In case Buyer intends to return the product he/she/it has purchased, he/she/it acknowledges and undertakes that he/she/it shall not damage the product and the package thereof in any way whatsoever and shall return the original invoice and respective dispatch note at the moment of return of the subject product(s).
ARTICLE 8- ORDER AND PAYMENT PROCEDURE
Article 8.1- Order:
- TL amounts of the products added to the shopping cart including VAT (in installment transactions, total installment amounts) are put in process over the POS of the relevant bank card after being approved by Buyer. Therefore, an order confirmation mail is sent to customer before shipment of relevant orders is realized. No shipment is carried out without sending a confirmation mail.
- Any situation of disruption in the process or problems that may come into existence with respect to the credit card are notified to Buyer using one or several of the ways of communication like telephone/fax/e-mail. If required, Buyer may be asked to meet with his/her/its bank. The time at which the orders are put in process is the moment at which the necessary collection is determined to have been made from the credit card account or the transfer (EFT) is determined to have reached the bank accounts of the Seller, not the moment at which the order is placed.
- As an exception, in case it is understood that the product which is the subject of the Agreement cannot be procured due to any just reason and/or in case stock problem is encountered, in case Buyer is notified forthwith of the same overtly and understandable and gives his/her/its approval to this situation, another product of equal quality and with equal price may be sent to Buyer or, in line with the wish and option of Buyer, another new product may be sent to Buyer or the product may be expected to enter in the stocks or other impediment precluding the delivery may be expected to be disappeared and/or order may be cancelled.
- In cases where the fulfillment of the obligation to deliver the subject product becomes impossible, Buyer is notified of this situation and the Agreement is terminated by returning the total sum paid by him/her/it and, if any, any kinds of instruments putting him/her/it under obligation within ten days at the latest in which case Buyer shall not claim any tangible and intangible damages from Seller.
Article 8.2- Payment:
- Buyers who do not want to use their credit card information on internet environment at www.allmur.com have been offered with the opportunity to place order by means of cash transfer. In payment using transfer method, Buyer may carry out his/her/its transfer by choosing the most convenient bank for him/her/it. If EFT has been made, the date on which the respective sum has reached the relevant account shall be taken into consideration.
- In the event that relevant bank or financial institution does not pay the product price to Seller due to unjust or illegal use by unauthorized persons of the credit card of Buyer in such a way that such use cannot be attributable to Buyer after the delivery of the subject product, it is required that Buyer sends the product delivered to him/her/it to Seller within 10 days. In such cases, the transportation costs shall be assumed by Buyer.
- If Buyer has preferred to make payment using credit card, he/she/it acknowledges, represents and undertakes that he/she/it shall further confirm relevant interest rates and the information with respect to default interest from his/her/its bank and the provisions relating to interest and default interest in accordance with the provisions of the legislation in force shall apply within the scope of the “Credit Card Agreement” between the Bank and Buyer.
ARTICLE 9- SHIPMENT/DELIVERY PROCEDURE
Article 9.1- Shipment:
With sending the order confirmation mail, the product/products is/are delivered to the Seller’s contracted cargo company.
Article 9.2- Delivery:
- The product/products is/are to be delivered to the address of Buyer by means of the Seller’s contracted cargo company. The delivery period is 30 days from the day on which the Order confirmation is sent and the agreement is established. This period may be extended for a period of ten days at the most on condition that Buyer is notified in writing beforehand or notification is made by means of a data stream carrier.
- The products are sent to regions where cargo companies do not deliver products on address basis by notification via telephone.
- In regions where cargo company carries on delivery once a week, delay may be in the delivery period stated in cases where there is mistake and deficiency in the shipping information and in situations such as certain social events and natural disasters. Seller cannot be held by Buyer responsible for such delays. If the product is to be delivered to a person/entity other than Buyer, Seller is not responsible for any extra shipment costs that may come into existence from non-acceptance of the delivery by the person/entity to whom/to which delivery is to be made, the incorrectness in the shipping information and/or unavailability of Buyer at his/her/its address. If the product/products has/have not reached the Buyer within the specified days, the delivery problems should be notified forthwith to customer services using the e-mail address firstname.lastname@example.org.
- In case of damaged parcel, the damaged parcels should not be taken delivery of and an official report should be procured to be made. If the cargo company official is of the opinion that the parcel is not damaged, Buyer has the right to procure the undamaged delivery of the products to be checked by causing the parcel to be opened there and also request the situation to be determined by means of an official report. After the receipt by Buyer of the parcel, it is considered that the cargo company has fulfilled its duty completely. If the parcel has not been accepted and an official report has been made, the situation should be notified to Seller Customer Services in the shortest time possible together with the copy of the official report retained by Buyer.
ARTICLE 10- PROCEDURE IN RELATION TO PRODUCT RETURN AND RIGHT TO “RESCIND”
Article 10.1- Product return:
- Buyer is entitled to rescind the Agreement without asserting any reason therefor and without the need for payment of any penalty within seven days from receipt by him/her/it of the product. In accordance with the General Communiqué of Tax Procedural Law with Number 385, in order for return procedures to be able to be made, it is required that Buyer does, after filling in completely and correctly the return sections at the bottom of 2 (two) invoices of Seller, which were delivered together with the product, send one copy thereof to Seller by signing the same and retains the other copy with him/her/it. The duration of rescission starts from the date on which the product is delivered to Buyer. The cost of sending the returned product or products back should be borne by Buyer.
- The right to rescind does not exist for products prepared in line with the requests of Buyer and/or his/her/its explicit needs.
- In the event that Buyer exercises his/her/its right to rescind, Seller shall return to Buyer the total sum it has received and, if any, any kinds of instruments putting the Buyer under obligation without charging any expense within ten days at the latest from receipt by it of the invoice stating the notification of rescission together with the product.
- The devaluation of the product taken delivery of or existence of a cause making the return impossible does not prevent the right to rescind from being exercised. However, if the devaluation of the product or the fact that the return of the product becomes impossible results from the fault of Buyer, he/she/it is required to indemnify the Seller for the value of the product or the decrease in the value of the product.
- The general return period also for any product received inadvertently is 7 (seven) days. The return of products the package of which is opened, which have been used, damaged, etc. is not acceptable within this period. The return should be made in the original package.
- In cases where any unwinding, breakage, destruction, tearing, usage and the like are determined in the product received inadvertently and the package thereof, and in case the product cannot be returned in its condition at the moment of delivery to Buyer, the product is not accepted as return and the price thereof is not reimbursed.
- For the product return, the situation should primarily be notified to the customer services. The information that the product is to be sent as return is notified by Seller to Buyer. After this notification, the product together with the invoice containing the information relating to the return should be procured to reach to Seller by means of the cargo company having made the delivery to Buyer’s address. In case the returned product reaching the Seller satisfies the conditions specified in this Agreement, the return is accepted and the reimbursement thereof is made to the credit card/account of the Buyer. No product price is reimbursed without the product being returned. The period of reflection of reimbursements made to the credit card on credit card accounts is at the disposal of the bank.
- If the shopping has been made using credit card and on installments, the procedure for return to the credit card shall be applied as follows: The bank shall make repayment to Buyer on the same installment number as notified by Buyer in his/her/its request for purchasing the product. After Seller has paid the entire product price to the bank in a single sum, in case the expenditures made on installment via bank POS are returned to the credit card of Buyer, in order for the parties involved in the subject not to be aggrieved, the requested return amounts are transferred by the bank to the accounts of bearers again on installment. The installment amounts paid by Buyer until the cancellation of the sale shall be reflected on the card by 1 (one) return every month if the date of return and the statement date of the card do not coincide with each other and Buyer shall receive the installments paid by him/her/it prior to the return more as many as the number of installments of months paid by him/her/it prior to return after the installments of the sales on installment are completed and thus the same shall have been deducted from his/her/its existing debts.
- In case of return of the product and service purchased via card, Seller does not make payment to Buyer in cash in accordance with the Agreement made by it with the bank. The member workplace, namely, Seller shall carry out its reimbursement by means of the relevant software when there is a return procedure and no cash payment can be made to Buyer in accordance with the procedure mentioned above in detail since the member workplace, namely, Seller is liable to make the payment of the related amount to the bank in cash or on account. Reimbursement to credit card shall be made by the bank in accordance with the above procedure after Buyer paying the respective amount to the bank in a single sum.
ARTICLE 11-WARRANTY PERIOD AND SCOPE
The products used and cleaned in accordance with the instructions for use are under warranty of 2 (two) years within the terms specified below. The warranty obligation of the Seller shall apply to consumers that fall within the scope of the Law No. 4077 only. For commercial businesses, the provisions of the Turkish Commercial Code shall apply.
ARTICLE 12- CONFIDENTIALITY
Article 12.1- The information specified by Buyer in this Agreement and information given by Buyer to Seller for the purpose of making payment shall in no way be shared by Seller with 3rd parties.
Article 12.2- Seller may disclose this information only within the framework of the existence of any administrative / legal obligation. Within any kinds of judicial investigation certified to be made for inquiry purposes, Seller may provide such requested information to relevant authority if it does have said information in its possession.
Article 12.3- Credit card information is in no way kept. Credit card information is used only for taking provision by being forwarded to relevant banks in a secure way during collection procedure and deleted from the system after the provision being taken.
Article 12.4- The information of Buyer like e-mail address, mailing address and telephone, etc. is used by Seller only for standard product delivery and information procedures. In certain periods, campaign information, information on new products, promotion information may be sent to Buyer after his/her/its approval.
ARTICLE 13- COMPETENT COURTS AND ENFORCEMENT OFFICES IN CASE OF DISPUTES
In disputes that may arise out of this Agreement, Provincial and District Arbitration Committees for Consumer are authorized to settle the respective disputes within the monetary limits determined-announced every year by the Ministry of Customs and Trade in accordance with the law, and in situations exceeding these limits, Consumer Courts are authorized to settle/responsible for settling relevant disputes. Buyer may, within this framework, have resort to Arbitration Committees and Consumer Courts in the place of settlement (residence) of Seller if he/she/it wishes to do so.
In case of the order taking place, Buyer is considered to have acknowledged all the terms of this Agreement consisting of 13 (thirteen) Articles. …/…/…