DISTANCE SALES CONTRACT
1.PARTIES
This Contract has been signed between the following parties within the frame of the below given terms and conditions
A.‘BUYER ; (hereinafter will be referred to as “BUYER”)
B.‘SELLER ; (hereinafter will be referred to as “SELLER”)
Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş
ADDRESS: Aydın Mahallesi 4311 Sokak No:26 Karabağlar / İzmir
By signing this Contract, BUYER accepts beforehand that it has been informed on the product subject to the sales and all relevant preliminary information, as well as the right of withdrawal once BUYER approves the subject order, that it has confirmed this preliminary information electronically and then placed an order, that it will undertake to pay the subject amount and any additional fees like courier fee and tax (if any) and that it has been informed about the matter.
2.DEFINITIONS
As used in this Contract, the following written terms shall have the following written meanings.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Regulation on the Distance Contracts (RG:27.11.2014/29188),
SERVICE: Subject of any consumer action other than procurement of goods, performed or committed to be performed for a fee or interest,
SELLER: The firm offering good to the consumer or acting in the name of the firm offering good to the consumer within the scope of its commercial or professional activities,
BUYER: The real person or legal entity who obtain, use or make use of the good or service for other than commercial or professional purposes,
SITE: Website of the SELLER,
ORDERING PARTY: The real person or legal entity who demands a good or service on the website of the SELLER,
PARTIES: SELLER and BUYER collectively,
CONTRACT: This contract executed by and between the SELLER and BUYER,
GOOD: The movable item subject to shopping and any incorporeal property to be used with electronic media, such as software, audio, visual and like.
3.SUBJECT
This Contract regulates the rights and obligations of the parties pursuant to the provisions of the Law on the Protection of the Consumers No. 6502 and the Regulation on Distance Contracts, in relation to the sales and delivery of the product with the below characteristics and price which the BUYER has ordered from the website of the SELLER (www.ananasdc.com) electronically.
Listed prices announced on the website are the sale prices. Announced prices and commitments are valid until an update or change. Prices defined with duration are valid until the end of the specified duration.
4. SELLER INFORMATION
Title: Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş
Address: Aydın Mahallesi 4311 Sokak No:22 Karabağlar / İzmir
Telephone: 05552044687 05558546968
E-mail: info@ananasdc.com
5. BUYER INFORMATION
To be delivered to:
Delivery Address:
Telephone:
Fax:
Email/username:
6. ORDERING PARTY INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
Email/username:
7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
7.1. Basic characteristics of the Good/Product/Products/Service (kind, amount, brand/model, color etc.) are published on the SELLER’s website. If Seller has organized a campaign, you may review the basic characteristics of the product during the campaign. It is valid until the campaign date.
7.2. Listed prices announced on the website are the sale prices. Announced prices and commitments are valid until an update or change. Prices defined with duration are valid until the end of the specified duration
7.3. The sales price of the good or service subject to the contract is given below including all taxes:
Product Description Piece Unit Price Subtotal (VAT included)
Courier Sum
Total :
Order Number
Payment Method and Plan:
Delivery Address:
To be delivered to:
Invoice Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. Courier fee which is the shipment cost for the product will be paid by the SELLER.
8. INVOICE DETAILS
Name/Surname/Title:
Address:
Telephone:
Fax:
Email/username:
Invoice delivery: Invoice will be delivered to the billing address together with the order delivery.
9. GENERAL PROVISIONS
9.1. BUYER agrees, declares and represents that it has read and acknowledged the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and has given the necessary confirmation accordingly. Prior to BUYER’s electronic confirmation of the Preliminary Information and execution of the distant sales contact, BUYER agrees, declares and represents that it has accurately and fully received the address given by the SELLER, main characteristics of the ordered product, prices including all taxes, together with the payment and delivery details.
9.2. Each product subject to the contract is delivered within the duration specified specifically for the said product, and within thirty (30) days at the latest from the Order Confirmation date for the products which has no specified delivery date. ANANAS reserves its right to separately designate the delivery duration, as the raw material procurement and manufacture processes differ by custom productions. In case the SELLER is unable to procure the ordered products, it may procure another product, provided to inform the BUYER within three (3) days upon the acknowledgement of the case and receive BUYER’s verbal/written approval. Order is cancelled and return is made to the BUYER, in case BUYER does not approve. Cost of delivery is met by the SELLER in the deliveries of orders. Order is delivered by hand to the above cited address of the BUYER via the courier/shipping firm cooperating with the SELLER. For the avoidance of doubt, the date when the order is received by the SELLER will be deemed to be the date of payment for the orders made with money transfer/EFT. If the BUYER is not in the address or the persons in the address do not accept the delivery, the SELLER will be deemed to have met the performance in this regard. In case there is no one in the address of BUYER to receive the order, the BUYER is liable to contact the courier/shipping firm to monitor and arrange the delivery of the order.
9.3. SELLER agrees, declares and represents to deliver the subject product in full, in compliance with the characteristics defined on the order and with the certificate of guarantee, instructions manual, if any, together with the information and documentation for the purposes, execute the business in line with the principles of good faith, in compliance with the standards and pursuant to the legal regulation, free from any kind of defects, to maintain and upgrade the service quality, to display the necessary attention and care and to act with caution and vision while performing the business.
9.4. SELLER may procure a different product of the equal quality and price, after informing the BUYER and receiving its clear approval prior to the expiration of its performance liability resulting from the contract.
9.5. If SELLER fails to meet its obligations resulting from the contract when it is not possible to offer the subject good or service, it then agrees, declares and represents to inform the BUYER about the case in written within 3 days of the occurrence date, and to return the total sum to the BUYER within the duration of 14 days.
9.6. BUYER accepts, declares and undertakes to confirm this Contract electronically for the delivery of the product subject to this Contract, and the SELLER’s obligation to deliver the subject product ends if the payment cannot be made and/or cancelled on the bank records.
9.7. After the delivery of the subject product to the BUYER or person/entity in the address BUYER specified, BUYER accepts, declares and undertakes to return the subject product to the SELLER within 3 days with the shipment cost covered by the SELLER, if the service fee has not been paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the debit card of BUYER.
9.8. In case SELLER fails to deliver the subject product within the specified duration due to the cases of force majeure occurred beyond the will of the parties, that cannot be foreseen and prevent and/or delay parties to perform the obligations, it then accepts, declares and undertakes to inform the BUYER of the case. BUYER has a right to demand from SELLER to cancel the order, change the subject product with the equal if available and/or suspend the delivery duration until the end of preventive case. In case the order is cancelled by BUYER, the product fee is paid back to the BUYER in cash and at once within 14 days for the payments made by the BUYER as cash. In the payments made by the BUYER with credit card, the product fee is returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER agrees, represents and undertakes that the approximate timeframe to reflect the amount returned to the credit card by the SELLER to BUYERS account by the bank may take 2 to 3 weeks, that the SELLER shall not be held liable for possible delays as the reflection of the said amount to the BUYER’s account after this return is completely about the bank transaction process.
9.9. SELLER has a right to contact the BUYER for communication, marketing, notification or other purposes through sending letters, e-mail, SMS, telephone calls and suchlike via the address, e-mail address, fixed phone or GSM number and other means of communication specified by the BUYER on log-in form or updated by the BUYER later on. By accepting this Contract, BUYER accepts and declares that the SELLER may contact the BUYER through the above given communication channels
9.10. BUYER is responsible to not accept the product and have a written report recorded with the cargo officer, if BUYER detects a problem resulting from manufacture or shipping (crushed, broken, torn package, defective etc.) upon delivery. Otherwise, the SELLER shall have no liability, as the BUYER will be deemed to have accepted that the delivered good/service is non-damaged and durable. In case BUYER does not have any report recorded for any defect in relation to the product it received, it accepts to receive the product free from any defect. BUYER cannot object for later defects, other than the hidden defect of the product. Unless otherwise specified written by the SELLER, BUYER shall pay the fee completely before receiving the product. In case the product fee is not totally paid to the SELLER before the delivery in cash sales, and in case the installment amount due is not paid in instalments sales, SELLER then may terminate the contract unilaterally and may not deliver the product. The obligation to preserve the good/service attentively after delivery belongs to the BUYER. The good/service shall not be used if the right of withdrawal will be exercised. The invoice shall be returned.
9.11. In case the BUYER and the holder of the debit card used while giving the order do not match or a security flow is detected on the used debit card before the delivery of the product to the BUYER, SELLER may demand from the BUYER the identity and contact information of the debit card holder, the extract of the said debit card for the last month or the submission of a bank letter from the relevant bank certifying that the card belongs to the BUYER. The order will be suspended until the BUYER procures and submits the demanded information/documentation, if the aforesaid demands are not met within 24 hours, SELLER reserves its right to cancel the order.
9.12. BUYER declares and undertakes that the personal and other information given by the BUYER while logging in and becoming a member to the SELLER’s website are true and accurate and the BUYER will immediately indemnify the SELLER in cash and at once, upon the first notification of the SELLER, for any losses the SELLER may suffer if this information turns out to be inaccurate.
9.13. BUYER accepts and declares in advance to comply with and not violate the provisions of the legal regulation while using the website of the SELLER. Otherwise, all potential legal and penal obligations to occur will completely and exclusively be bound by the BUYER.
9.14. BUYER shall under no condition use the website of the SELLER in a way to disturb the public peace, or in an immoral way, to disturb or harass others, for the illegal purposes to infringe the moral and immoral rights of others. Besides, the BUYER shall not engage in any activities which may prevent or make difficult for others to use the services (spam, virus, trojan horse etc.).
9.15. Website of the SELLER can provide links to the other websites and/or content which is not in the control of the SELLER and/or owned or managed by third parties. These links are provided for the convenience of the BUYER and do not support any website or the person/entity managing such website, thus does not give any guarantee on the information included on the linked website.
9.16. Any member infringing the one or more than one clause set out on this Contract shall be legally and criminally responsible for such infringement and shall exclude the SELLER from the legal and criminal consequences of such infringement. Moreover, in case this infringement is submitted to the jurisdiction, SELLER shall reserve its right to claim for damages against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1 In the distance contract relating to sale of goods, BUYER can exercise the right of withdrawal by rejecting the goods delivered without undertaking any legal and criminal liability and without any reason legally and informing SELLER within 14 (fourteen) days after the receipt of the product by the Buyer or person/entity in the indicated address. On the other hand, in the distance contract relating to offering service, this period starts as of the signature date of the contract. No right of withdrawal is available in the service contracts where the service is offered with the approval of the consumer before the expiration of duration of right of withdrawal. Expenses incurred in relation to the right of withdrawal shall be borne by the SELLER. By acknowledging this contract, BUYER accepts in advance that it has been informed of the right of withdrawal.
10.2. In order to exercise the right of withdrawal, BUYER shall send a written notice to SELLER within the duration of 14 (fourteen) days via certified mail, facsimile or e-mail and the subject product should be non-used as per the provisions of “Products that are not available for Right of Withdrawal” regulated under this contract. In case such right is exercised:
a) Invoice of the product given to the third party or BUYER (if the invoice of the product to be returned is corporate, then it shall be delivered together with the return invoice issued by the said corporation while returning. Order returns of which invoices are issued in the name of corporations will not be completed, unless RETURN INVOICE is issued).
b) Turn-in slip,
c) Full and non-damaged form of the product subject to return, together with package, box or standard accessories shall be delivered.
d) SELLER is obliged to return the BUYER the total collected amount including the delivery cost of the good to BUYER if any, within the duration of 14 (fourteen) days at the latest after the cancellation statement is received. If the SELLER does not make an offer to take back the good after the cancellation statement is received, then the BUYER must return the good to the SELLER within 10 (ten) days after the receipt of notification for the exercise of right of withdrawal via the cargo/transportation firm which first delivered the good to BUYER, unless SELLER makes an offer to take back the good after the receipt of cancellation statement.
e) In case the value of the good decreases due to a defect resulting from the BUYER or in case the return is not possible, BUYER is obliged to compensate the damage to the SELLER in proportion to defect.
f) If the campaign limit amount organized by the SELLER drops below due to exercise of right of withdrawal, the amount of discount benefited within the scope of campaign is cancelled.
10.3. PRODUCTS THAT ARE NOT AVAILABLE FOR RIGHT OF WITHDRAWAL
Goods prepared upon the demand or clear personal needs of the BUYER which are not possible to be returned, underwear, bikini and swimwear shorts, make-up materials, disposable materials, perishable goods or goods with close expiration date, goods of which return is ineligible for health and hygiene when opened by the BUYER after delivery, goods mixed with other goods after delivery, which are impossible to be resolved inherently, periodicals such as newspaper and magazine, other than those offered within the scope of subscribership agreement, services offered instantly on electronic environment or intangible goods instantly delivered to the consumer and audio or image records, books, digital content, software programs, data recorders and date storage devices, computer consumable materials are not possible to be returned if package is opened by the BUYER, in line with the Regulation. Furthermore, it is not possible as per the Regulation to exercise the right of withdrawal for the services launched to be offered upon the approval of the consumer before the expiration of the duration of withdrawal.
In order to return the cosmetics and personal care products, underwear, swimwear, bikini, book, copiable software and programs, DVD, VCD, CD or cassettes and stationery products (toner, cartridges, bands etc.) the packages of these products should not be opened, products should not be tried, defected and used.
11. DEFAULT AND LEGAL CONSEQUENCES
In case the Bank/financial institution of the credit card in question does not pay the product fee to the SELLER for any reason following the product delivery, the product is returned to the SELLER by the BUYER within 3 (three) days at the latest, with all costs borne by the BUYER. SELLER in any case reserves all its rights to follow up the product value receivable without accepting the return, as well as all other contractual and legal rights. If the BUYER goes into default when performing the payments with credit card, card owner agrees, accepts and undertakes to pay interest within the frame of credit card agreement executed with its bank and to hold responsible against the bank. In such case, the bank in question can take legal actions; demand the costs to incur and counsels fee from the BUYER and in any condition when the BUYER goes into default because of debt, BUYER accepts to pay for the loss and damage suffered by the SELLER resulting from the late payment of the debt.
12. COMPETENT COURT
BUYER can first contact the SELLER directly about its complaints and demands through the address and contact details specified on clause 2 above. BUYER can also apply to Consumer Arbitration Committees or Consumer Courts for its complaints and demands in the place it purchased the good or service or in place of residence in Turkey within the scope of the financial limitations specified by the Ministry of Customs and Trade each year in December.
Istanbul (Caglayan) Courts and Execution Offices will be the exclusive authority in any kind of dispute that may arise between the parties within the scope of the provisions of this Contract.
13. VALIDITY
BUYER is deemed to have accepted all terms and conditions of this Contract after performing the payment for the order through the Site. Prior to the order, SELLER is obliged to arrange all necessary software layout on the site in a way to receive the BUYER’s approval for reading and accepting this Contract.
SELLER: Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş
BUYER:
DATE:
