SECTION 1 –
1.1 – SELLER
SPOR VE SAĞLIK MERKEZİ TİCARET LTD.ŞTİ
E-mail : firstname.lastname@example.org
1.2 – BUYER – VENDOR
SECTION 2 – TOPIC
This agreement hereby subjects and determines the rights and the liabilities of both parties in relevance where, the Buyer has to be provided with the product(s) by the Vendor based on the product(s) qualifications, the sale price and the delivery specifications that has been mentioned in behalf of the products, authorized and stated by the Regulation numbered 4077: Consumer Protection Law and Distance Contract Applied Procedures and Principles Regulation.
SECTION 3 – CONTRACTUAL PRODUCT
The Type, Quantity, Brand/Model, Color and Sale Price of the purchased product(s) is as mentioned below:
Sale Price (VAT Included):
Payment Method and Plan:
SECTION 4 – GENERAL TERMS AND CONDTIONS
4.1 – This agreement modifies that the Buyer declares the acknowledgement and electronically confirmation related to all the information associated with; qulifications of the contractual product, delivery related payment methods and VAT included sale price rudiments, validity of the Vendor’s sale price pledges, the cost of any charges on Buyer’s behalf, product(s) delivery and execute duration, right of whithdrawal and full information regarding the Vendor’s address – telephone number or any other access information hence the Buyer can point out their requests and complaints.
4.2 – The Buyer can execute the shopping payment in the internet website via credit card, money trasnfer or EFT. The orders purchased via credit card, hereby the credit card agreement, will be put into process right after the payment process of the restricted amount or the money trasfer/EFT price that the Buyer has to pay, is detected as transfered into the Vendor’s bank account by authorities. In case that the payment processes done via money trasnfer or EFT on Buyer’s behalf will not be transfered into the Vendor’s bank account within two days of purchase, the orders will be canceled.
4.3 – As required by law, all the orders will be delivered accompained by a dispatched note, invoice and/or consignment invoice, emphasizing the legal period. The product(s) sent only by a dispatched note will subsequently be send by post to the mentioned invoice address.
4.4 – As required by law, the Vendor is resposible to send the ordered product(s) in a durable, complete and appropriate to the mentioned qualifications condition, accompanied by the user manual and the certificate of warranty. In case of any damage occured to the product(s) during the delivery process, the authorized cargo delivery man will have to issue the statement regarding to the damage.
4.5 – If any malfunction is occured to the item(s) by the Buyer, due to misuse, usage in improper conditions, usage out of adequate areas or usage for wrong purposes that exceeds the technical efficiency of the device, the Vendor is not held responsible and no claim for compensation of the item(s) is allowed.
4.6 – The Vendor is not held responsible for any extra payment of the money transfer expense required by the bank. In this framework, the Buyer hereby confirms the responsibility of completance regarding the Bank Regulations such as; the forward interest rate, money trasnsfer expenses and default interest rate.
4.7 – In this agreement, any kind of unadjusted point(s) regarding to the case, is taken into practice based on the Regulation numbered 4077: Consumer Protection Law and Distance Contract Applied Procedures and Principles Regulation.
SECTION 5 – TERMS OF PRODUCT(S) DELIVERY
5.1 – Shipping/Cargo freight charges are payed by the Buyer. In case the Vendor declared the freight charges on their behalf in the website upon the published sale price or the freight charges are included in the promotion of the product(s), the Vendor is held reponsible for the freight charges. Delivery is done if; the desired item(s) are in stock, available and after the item(s) cost payment is delivered into the Vendor’s bank account. The Buyer proceeds the order(s) within 30 days after the order is purchased, and reserves the right to exeed the delivery period up to 10 extra days in addition to the estimated time via a written note. In case that the item(s) cost payment is not proceeded or the payment is canceled from the bank records, the Vendor is freed from delivery obligation.
5.2 – This agreement subjects that the delivery of the contractual product(s) will be completed only after the Buyer accepts the terms and conditions of the agreement, transmits the signed transcipt to the Vendor and after the Buyer completes the payment of the extra charges via the desired payment method regarding to the product(s).
5.3 – This agreements states, in case of any unjustified or illegal misuse of the credit card used for any purchase by any third parties beside the card holder, if the product(s) sale cost is not payed via the relevant bank or financial institution, the Buyer/Receiver must send back the received item(s) in an undamaged package as unused and in complete condition within 3 days of delivery. In this case, the Buyer is responsible for the shipping/cargo charges.
5.4 – The online purchased item(s) will be delivered to the mentioned address that the Buyer has specified. In case that the Buyer specified the address wrong or deficiently, the Vendor is not held responsible for the action. In case that, in the day of the delivery the Buyer/Receiver will not be found in the specifies address, the delivery process made by the Vendor will be considered to be in time and complete. Therefore, in order not to face delivery issues, we suggest that the Buyer must specify the whole invoice and delivery address cautiously and precisely.
5.5 – In case that, in the date of concluding the agreement by both of the parties, any nonexistent, unpredictable or uncontrollable issue has shown up and thence one or both of the parties can not meet or fullfill a partial or a whole responsibility due to a debt caused from the issue, this case will be considered as a compelled reason. On these terms, if the compelling reason is sourced by the Vendor – they will notify the situation via the online system, and if the issue is sourced by the Buyer – they must notify the Vendor immediately. During the compelling reason issue duration, sourced by the obligations and responsibilities of the both parties is solved, the agreement between the parties will not be proceeded. Hereby, if the duration of the compelled reason lasts more that 10 (ten) days, any one-sided parties will gain the right of rescission.
SECTION 6 – RIGHT OF WITHDRAWAL
6.1 – The Buyer claims the right of withdrawal from the purchased and delivered item(s) to the specified address within 7 days of delivery. In order to be able to claim the right of withdrawal, the Buyer must contact the Vendor via fax, telephone number or e-mail under the circumstances that the item(s) has not been used. As required by the numbered 395 Regulation: Tax Procedure Law General Communique, in order to claim the right of withdrawal the Buyer or the Third-Party Reciever must return the item(s) to the Vendor including the original invoice and the cargo delivery record. The item(s) cost will be refunded to the Buyer within 10 days after receiving the documents.
6.2 – The item(s) must be returned to the Vendor under the circumstances that the item(s) are technically in good condition, the item(s) package is not damaged and the item(s) are resalable and undamaged.
6.3 – The right of withdrawal can not be claimed in case of; the item(s) qualitity is damaged, non-returnable item(s), duplicatable software CD item(s), consumable product(s), quickly destroyable or expired product(s) or product(s) that have been personalized, designed or changed based on costumer’s requests.
SECTION 7 – DEFAULT IN CONTRACT AND LEGAL CONCLUSIONS
In case that the Buyer is a defaulter, as the card holder they will be held responsible for the bank interest payment based on the credit card agreement they have with the bank. In this case, the relevant bank can take legal actions, and will request the payment of all costs and retainer’s fee, as well as, if the Buyer lapses into a default due to the debt, the Buyer is held responsible to recompense the amount for any inconvenience or financial damage caused to the Vendor.
SECTION 8 – AUTHORIZED COURT
The implementation of the contract is authorized by Istanbul Consumer Courts and Enforcement Offices, regarding the declared importance of Consumer Arbitration Board equivalent to the importance given to the Ministry of the Industry and Commerce.
In case of the approvement of the order(s), the Buyer is deemed to have accepted all the terms and conditions regarding the agreement/contract.
JÜPİTER SPOR DIŞ TİCARET LTD.ŞTİ