DISTANCE SALES CONTRACT
Article 1- Parties
1.1. Seller
Name: KÖSEM MOBİLYA NAKLİYAT İNŞAAT MALZEMELERİ İNŞAAT SANAYİ VE TİCARET LTD.ŞTİ.
Address: Organize Sanayi Bölgesi Şehitler Bulvarı No:10 Odunpazarı / Eskişehir / Turkey
Phone: +90 222 315 14 70
Email: info@esarti.com.tr
1.2. Buyer
Name – Surname / T.C. No
Address
Phone
Article 2- Subject
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics and selling price are specified below, ordered by the BUYER electronically from the website www.esarti.com.tr owned by the SELLER.
The Buyer acknowledges and declares that he/she has been informed by the seller, in a clear, understandable, and internet-compatible manner, about the seller's name, title, full address, telephone and other access information, the main characteristics of the goods subject to sale, including the sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods subject to sale and how to use the "right of withdrawal," where complaints and objections can be lodged with official authorities, etc., confirmed these preliminary information in electronic form, and then placed the order for the goods in accordance with the provisions of this contract.
The preliminary information on the www.esarti.com.tr website and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Product/Payment/Delivery Information
The type and quantity of the product/products purchased electronically, brand/model, sales price, payment method, recipient, delivery address, invoice information, shipping cost are as follows. The person/entity to be invoiced must be the same as the one making the contract. The information below must be accurate and complete. The Buyer accepts to fully compensate for any damages arising from incorrect or incomplete information and also accepts any liability that may arise from this situation.
If the seller deems it necessary, the seller reserves the right to suspend the order if the information provided by the buyer does not match reality. In cases where the seller detects problems with the order, if the seller cannot reach the buyer via the telephone, e-mail, and postal addresses provided by the buyer, the seller will freeze the order for 15 (fifteen) days. During this time, the buyer is expected to contact the seller regarding the issue. If no response is received from the buyer within this period, the seller cancels the order to prevent any damage to both parties.
Product(s) Received
Name, code: ... pieces
Total Sales Price: ... -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient:
Phone number:
Delivery Address:
Recipient/Corporation to be Invoiced:
Invoice Address:
Tax Office:
Tax ID Number:
Shipping Cost: ... -TL
Article 4- Contract Date and Force Majeure
The contract date is ../../...., the date the order was placed by the buyer.
Events outside the control of the parties, unforeseen or unforeseen at the time of signing the contract, which partially or completely prevent one or both parties from fulfilling their obligations and responsibilities under the contract, such as force majeure (natural disasters, war, terrorism, riots, changes in legislation, seizure or strike, lockout, significant breakdowns in production and communication facilities, etc.), will be considered force majeure. The party experiencing force majeure will immediately and in writing notify the other party of the situation.
During the continuation of force majeure, neither party will be liable for the inability to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The Seller undertakes to fulfill the obligations imposed on him/her in the contract in accordance with the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, except for force majeure situations.
5.2. Individuals under the age of 18 cannot shop from www.esarti.com.tr. The Seller will consider the age specified in the contract to be correct. However, the seller will not be liable in any way due to the incorrect age specified by the buyer.
5.3. -www.esarti.com.tr is not responsible for price inaccuracies resulting from system errors. Accordingly, the seller is not responsible for promotional and price errors arising from interventions in the website system, design, or illegal methods. The buyer cannot claim rights from the seller based on system errors.
5.4. Purchases can be made from www.esarti.com.tr with credit card (Visa, MasterCard, etc.) or bank transfer. Orders not paid by bank transfer within one week from the order date will be canceled. The time of processing orders is determined when the necessary collection is made from the credit card account or when the transfer (EFT) reaches the bank accounts, not when the order is placed. Payment methods made without consultation with customer service, such as cash on delivery or postal check, are not accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer undertakes to fulfill the obligations imposed on him/her in the contract except for force majeure situations.
6.2. By placing an order, the Buyer acknowledges and undertakes to comply with the terms of the contract and to make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer acknowledges and declares that he/she is informed about the seller's name, title, full address, telephone and other access information, the main characteristics of the goods subject to sale including the sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods subject to sale, how to use the "right of withdrawal," where complaints and objections can be lodged with official authorities, etc., in a clear, understandable, and internet-compatible manner by the seller, and confirms these preliminary information electronically.
6.4. In accordance with the previous article, the Buyer declares that he/she has read and is informed about the order/payment/use procedure information on www.esarti.com.tr, including product order and payment conditions, product usage instructions, precautions taken for possible situations, and warnings, and has given the necessary confirmation electronically.
6.5. In the event that the buyer wishes to return the purchased product, the buyer accepts and undertakes not to damage the product and its packaging in any way, to return the original invoice and delivery note during the return, regardless of the manner in which the product is returned.
Article 7- Order/Payment Procedure
Order
The total amount including VAT of the products added to the shopping cart (total installment amounts in installment transactions) is processed through the bank card terminal of the relevant bank after being confirmed by the buyer, therefore, before the orders are shipped, a confirmation email is sent to the customer. Shipments are not made before the Order Confirmation email is sent.
In case of any disruption in the
process after the payment is received by the bank, the customer will be informed about the situation by e-mail. In such cases, it may be necessary to update the information registered in the system. The order is deemed invalid if the information is not updated within 3 (three) working days.
Payment Methods
You can use your bank cards (Visa, MasterCard) or make payments by bank transfer (EFT). If the transaction is made via the bank transfer (EFT) method, the product is reserved for 1 (one) week. Orders not paid by bank transfer (EFT) within 1 (one) week from the order date are canceled.
Article 8- Shipping/Delivery
The delivery time of the products included in the orders varies between 3 (three) and 7 (seven) business days depending on the stock status of the products and the delivery address of the buyer. This period starts after the order is confirmed by the customer and the payment is collected by the seller.
The delivery of the products is made to the buyer's address. In order for the product/products to be delivered safely and accurately, the buyer must accurately and completely fill in the order form. The buyer accepts, declares, and undertakes that the seller cannot be held responsible for any problems that may arise in case the address and contact information are incorrect or missing. All shipping costs will be covered by the buyer.
The risk of damage to the product is transferred to the buyer when the product is delivered to the buyer or to the person/organization at the address indicated by the buyer.
Article 9- Right of Withdrawal
The buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to himself/herself or to the person/organization at the address indicated by him/her. In order to use the right of withdrawal, the buyer must notify the seller within this period by using the contact information specified in this contract or in the preliminary information on the website.
If the right of withdrawal is exercised,
a) The product must not be used in accordance with the terms of the contract, including its use to an extent that would prevent its resale.
b) The product must be returned with the original box, packaging, and any standard accessories, if any.
c) Return shipment must be made to the seller within the legal period.
d) The cargo fee for the return will be covered by the buyer.
If the buyer has chosen the payment method by credit card, the product amount will be returned to the credit card account of the buyer after the cancellation procedures are completed. Since the credit card returns depend on the bank procedures, it may take 2 to 6 weeks for the amount to be reflected in the account.
Article 10- Dispute Resolution
In the event of any dispute regarding the interpretation or execution of this contract, the Consumer Arbitration Committees and the Consumer Courts of the place where the consumer purchases the goods or services are authorized up to the value declared by the Ministry of Customs and Trade.
The BUYER, by signing this contract, accepts all kinds of records such as computer records, microfilm, microfiche and magnetic tapes belonging to the SELLER as evidence and waives any objections in accordance with Article 193 of the Law of Civil Procedure.
Article 11- Effectiveness of the Contract
This contract becomes effective after it is signed by the Buyer electronically on the website www.esarti.com.tr, and it is valid until the parties fulfill their obligations under this contract.
Seller
KÖSEM MOBİLYA NAKLİYAT İNŞAAT MALZEMELERİ İNŞAAT SANAYİ VE TİCARET LTD.ŞTİ.
BUYER