DISTANCE SALES AGREEMENT
ARTICLE 1-
PARTIES
1.1. SALES PERSON
Name : Radeks Radyator San.
ve Dis Tic. Ltd. Sti
Address: KOBI ORGANIZE SAN.
REGION. 104. CAD. NO:4 ESKISEHIR
Tel/E-mail: +90 222 236 90
11 / sales@hammamradiator.com.tr
Tax Office: Eskişehir Tax
Office
Tax No: 734 043 8012
1.2. BUYER
Name – Surname / Title:
TR/ Tax Office - No:
Address :
Telephone :
Email :
By accepting this contract,
the BUYER accepts in advance that if the subject of the contract approves the
order, it will be under the obligation to pay the price of the order and the
additional fees, if any, such as shipping fee and tax, and that it has been informed
about this issue.
ARTICLE 2-
SUBJECT
The subject of this
contract is the Law No. 6502 on the Protection of the Consumer and the Distant
Contracts regarding the sale and delivery of the product, the qualifications
and sales price of which are specified below which the BUYER has ordered
electronically (e-commerce) from the www.hammamonline.com website belonging to
the SELLER.It is the determination of the rights and obligations of the parties
in accordance with the provisions of the regulation.
BUYER, SELLER's name,
title, full address, telephone and other access information, basic
characteristics of the goods subject to sale, sales price including taxes,
payment method, delivery conditions and costs, etc. All preliminary information
about the goods subject to sale and the use of the right of
"withdrawal" and how to use this right, official authorities to which
they can submit their complaints and objections, etc. accepts and declares that
he/she confirms in electronic environment and then orders goods in accordance
with the provisions of this contract.
The prices listed and
announced on the site are the sales price. Advertised prices and promises are
valid until updated and changed. Prices announced for a period of time are
valid until the end of the specified period.
The preliminary information
on the www.hammamonline.com site and the invoice issued on the order given by
the BUYER are integral parts of this contract.
ARTICLE 3-
CONTRACTUAL PRODUCT / PAYMENT / DELIVERY INFORMATION
The type and type,
quantity, brand/model, sales price, payment method, delivery person, delivery
address, invoice information, shipping fee of the product/products purchased
electronically are as follows. The person to be invoiced and the person making
the contract must be the same. The information below must be correct and
complete. The BUYER accepts to fully cover the damages that may arise from the
situations where this information is not correct or incomplete, and also the
BUYER accepts any responsibility that may arise from this situation.
The SELLER reserves the
right to stop the order when it deems necessary, when the information given by
the BUYER does not match the reality. In cases where the SELLER detects a
problem in the order, if the BUYER cannot reach the BUYER from the telephone,
e-mail and postal addresses given by the BUYER, it will freeze the execution of
the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER
regarding the issue during this period. If no response is received from the
BUYER within this period, the SELLER cancels the order so that both parties are
not harmed.
The basic features (type,
quantity, brand/model, color, number) of the product/products are published on
the website of the SELLER. If the campaign is organized by the seller, you can
review the basic features of the relevant product during the campaign. The
campaign is valid between the dates announced on the SELLER's website.
The prices listed and
announced on the site are the sales price. Advertised prices and promises are
valid until updated and changed. Prices announced for a period of time are
valid until the end of the specified period.
The sales price of the
goods or services subject to the contract, not inclusive of Taxes and Custom costs at the arrival
country, is shown below.
The shipping fee, which is
the shipping cost of the product, will be paid by the BUYER.
Received Product/Products
Name , code : ; … number
Total Sales Price : …. –USD
or EURO or GBP
Payment Method: Credit Card/Bank
Transfer (EFT)
Delivery Person :
Phone number :
Delivery Address :
Person/Institution to be
Invoiced:
Billing address :
Tax Administration :
Tax Registration Number:
Shipping Fee: … - USD or EURO or GBP
ARTICLE 4-
CONTRACT DATE AND FORCE MAJEURE
This contract enters into force on the date the BUYER completes its order on the
www.hammamonline.com website.
Circumstances that do not
exist or are not foreseen at the date of signing of the contract, that develop
beyond the control of the parties, that make it impossible for one or both of
the parties to partially or completely fulfill their obligations and
responsibilities assumed by the contract or to fulfill them on time, force
majeure (natural disaster, war , terrorism, insurrection, changing legislation
provisions, seizure or strike, lockout, significant malfunction in production
and communication facilities, etc.). The party in the person of force majeure
shall notify the other party immediately and in writing.
The SELLER accepts,
declares and undertakes to notify the BUYER of the situation if the product
subject to the contract cannot be delivered in due time due to force majeure
situations that develop beyond the will of the parties, are unpredictable and
prevent and / or delay the fulfillment of the obligations of the parties. The
BUYER also has the right to demand from the SELLER the cancellation of the
order, the replacement of the product subject to the contract with its
precedent, if any, and/or the postponement of the delivery period until the
obstacle is removed. In case of cancellation of the order by the BUYER, the
amount of the product is paid to him in cash and in full within 14 days in the
payments made by the BUYER in cash. In the payments made by the BUYER by credit
card, the product amount is returned to the relevant bank within 14 days after
the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average
for the amount returned to the credit card by the SELLER to be reflected to the
BUYER's account by the bank. accepts, declares and undertakes that it cannot be
held responsible.
During the continuation of
the force majeure, the parties will not be liable for any failure 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 accepts and undertakes to fulfill the obligations imposed on it in
the contract, except for force majeure, in accordance with the provisions of
the Law on the Protection of Consumers No. 4077 and the Regulation on Distance
Contracts.
5.2. Persons
under the age of 18 (eighteen) cannot shop at www.hammamonline.com. The
SELLER will base the BUYER's age specified in the contract as correct. However,
the SELLER cannot be held responsible in any way due to the BUYER's incorrect
writing of his age.
5.3. www.hammamonline.com is
not responsible for price errors caused by system errors. Accordingly, the
SELLER is not responsible for the promotion and price errors that may arise due
to the system, design or illegal interventions on the website. The BUYER cannot
claim any rights from the SELLER based on system errors.
5.4. The
SELLER may supply a different product with equal quality and price, by
informing the BUYER and by obtaining its explicit approval, before the
contractual performance obligation expires.
5.5. You can shop at www.hammamonline.com by credit
card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred
within one week from the order date will be cancelled. The processing time of
orders is not the moment the order is placed, but the moment when the necessary
collection is made from the credit card account or the transfer (EFT) reaches
the bank accounts. Payment methods such as cash on delivery or postal check,
which are made without contacting customer service, are not accepted.
5.6. The
SELLER accepts, declares and undertakes that if it is impossible to fulfill the
product or service subject to the order, it will notify the BUYER in writing
within 3 days from the date of learning of this situation, and that it will
return the total price to the BUYER within 14 days.
5.7. If
the BUYER and the credit card holder used during the order are not the same
person, or if a security vulnerability is detected regarding the credit card
used in the order before the product is delivered to the BUYER, the SELLER
shall provide the identity and contact information of the credit card holder,
the statement of the previous month of the credit card used in the order. or
request the BUYER to submit a letter from the bank of the card holder stating
that the credit card belongs to him. The order will be frozen until the BUYER
provides the information/documents subject to the request, and if the
aforementioned requests are not met within 24 hours, the SELLER has the right
to cancel the order.
5.8. On
the website of the SELLER, links to other websites and/or other content that
are not under the control of the SELLER and/or owned and/or operated by other
third parties may be provided. These links are included on the site for the
purpose of facilitating redirection to the BUYER and do not support any website
or the person who operates that site, and do not constitute any guarantee for
the information contained in the linked website.
ARTICLE 6-
RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. The BUYER accepts and undertakes to fulfill the obligations
imposed on him in the contract, except for force majeure. The BUYER accepts,
declares and undertakes that he has read 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 that he is informed
and gives the necessary confirmation in the electronic environment. of the
BUYER; It accepts, declares and undertakes to confirm the Preliminary
Information in electronic environment, to obtain the address to be given by the
SELLER to the BUYER before the establishment of the distance sales contract,
the basic features of the ordered products, the price of the products including
taxes, payment and delivery information accurately and completely. .
6.2. The
BUYER accepts and undertakes that by placing an order, he/she is deemed to have
accepted the terms of the employment contract and will make the payment in
accordance with the payment method specified in the contract.
6.3. The
BUYER, on the website of www.hammamonline.com SELLER's
name, title, full address, telephone and other access information, basic
qualities of the goods subject to sale, sales price including taxes, payment
method, delivery conditions and costs, etc. Acknowledging and declaring that
he/she has clear, comprehensible and appropriate information on the internet
environment about all preliminary information about the product subject to sale
and the use of the right of "withdrawal" and how this right can be
exercised, the official authorities to which they can submit their complaints
and objections, and confirms this preliminary information electronically. it
does.
6.4. Pursuant to the previous
article, the BUYER declares that he has read the order/payment/use procedure
information of www.hammamonline.com, which includes the product order and
payment conditions, product usage instructions, precautions taken against
possible situations, and has given the necessary confirmation in electronic
environment. .
6.5. The
BUYER agrees and undertakes not to damage the product and its packaging under
any circumstances, and to return the original invoice and delivery note at the
time of return, in case he wishes to return the product he has purchased.
6.6. Each
product subject to the contract is delivered to the person and/or organization
at the address indicated by the BUYER or the BUYER, within the period specified
in the preliminary information section of the website, depending on the
distance from the BUYER's place of residence, not exceeding the 14-day period.
Even if the BUYER is not present at the time of delivery, the SELLER shall be
deemed to have fulfilled its obligation fully and completely. Therefore, the
SELLER is not responsible for the damages and expenses caused by the BUYER's
late delivery and/or non-delivery of the product. (In case the product cannot
be delivered to the BUYER within this period, the BUYER reserves the right to
terminate the contract.
6.7. The
SELLER shall deliver the product subject to the contract together with the
assembly kits and/or accessories, complete, in its original box, unused, in
accordance with the qualifications specified in the order, and with warranty
documents, user manuals, invoice and information and documents required by the
job, if any, It accepts, declares and undertakes to carry out the work in
accordance with the principles of honesty and integrity, to protect and
increase the service quality, to show the necessary care and attention during
the performance of the work, to act with prudence and foresight, in accordance
with the requirements of the legal legislation, free from all kinds of defects,
in accordance with the standards. .
6.8. The
BUYER, after the delivery of the product subject to the contract to the person
and/or organization at the address indicated by the BUYER or the BUYER, as a
result of the unfair use of the BUYER's credit card by unauthorized persons or
if the price of the product subject to the contract is not paid to the SELLER
by the relevant bank or financial institution for any other reason. , BUYER The
product subject to the contract (as delivered to him, complete with assembly
kits and/or accessories, in its original box, in accordance with the
qualifications and free of any defects, including warranty documents, user
manuals, invoices, information and documents required by the job) 3 It accepts,
declares and undertakes that it will return it to the SELLER within the same
day that the shipping cost belongs to the BUYER.
6.9. Communication,
marketing, communication, marketing, via letter, e-mail, SMS, telephone call
and other means of the SELLER's address, e-mail address, fixed and mobile phone
lines and other contact information specified by the BUYER in the registration
form on the site or updated by him later, has the right to reach the BUYER for
notification and other purposes. By accepting this contract, the BUYER accepts
and declares that the SELLER may engage in the above-mentioned communication
activities.
6.10. The
BUYER shall inspect the contractual product/products before receiving them;
dented, broken etc. will not receive the damaged and defective product from the
cargo company or the SELLER. Unless the SELLER accepts that the received
product is undamaged and intact, it will not be accepted as returned in
accordance with this contract. The BUYER is responsible for checking the
Product as soon as it is received and when he sees a problem in the Product
caused by the cargo, not accepting the Product and keeping a report to the
CARGO company official. In the event that the products delivered at the address
are not found at the address of the BUYER at the time of delivery, the SELLER
shall be deemed to have fulfilled its obligation fully and completely. In the
event that there is no one to take delivery at the address, it is the BUYER's
responsibility to contact the cargo company and follow up the shipment of the products.
If the product is to be delivered to a person/organization other than the
BUYER, the SELLER cannot be held responsible if the person/organization to be
delivered is not present at the address or not accepting the delivery.
Otherwise, the SELLER will not accept responsibility. The responsibility of
carefully protecting the product after delivery belongs to the BUYER. If the
right of withdrawal is to be exercised regarding the delivered product, it is
within the BUYER's knowledge that the package of the product must not be
opened, unused (it must not be installed, assembled or used in a similar way).
6.11. The
BUYER may not use the SELLER's website in any way that disrupts public order,
violates general morality, disturbs and harass others, for an unlawful purpose,
and infringes on the material and moral rights of others. In addition, the
member cannot engage in activities (spam, virus, trojan horse, etc.) that
prevent or make it difficult for others to use the services.
6.12. The
BUYER, who violates one or more of the articles listed in this contract, is
personally liable criminally and legally for this violation and will keep the
SELLER free from the legal and penal consequences of these violations. Also; In
the event that the incident is referred to the legal field due to this
violation, the SELLER reserves the right to claim compensation against the
member due to non-compliance with the membership agreement.
ARTICLE 7-
ORDER/PAYMENT PROCEDURE
Order:
The amount of the products added to the shopping
cart including Turkish VAT
( not including the VAT of the arrival country) (total installment amounts in
installment transactions) is processed through the POS of the relevant
bank card, after approval by the BUYER. For this reason, an order confirmation
e-mail is sent to the customer before the orders are shipped. No shipment can
be made before the Order Confirmation e-mail is sent.
Any disruption in the
process or problems that may arise regarding the credit card are notified to
the BUYER by using one or more of the telephone/fax/e-mail ways specified in
the contract. If necessary, the BUYER may be asked to meet with his bank. The
processing time of the orders is not the moment the order is placed, but the
moment when the necessary collection is made from the credit card account or
the transfer (EFT) reaches the SELLER accounts.
In case it is understood
that the contractual goods cannot be supplied for an exceptionally justified
reason and/or a stock problem is encountered, if the BUYER is immediately and
clearly informed and approved, another goods of equal quality and price may be
sent to the BUYER, or in line with the BUYER's desire and choice. ; a new
product may be sent, it may be expected that the product will be in stock or
the other obstacle preventing delivery will be removed, and/or the order may be
cancelled.
In cases where it becomes
impossible to fulfill the obligation to deliver the goods subject to the
contract, the BUYER is informed of this situation and the total price paid and
any documents that put him under debt, if any, are returned to him within ten
days at the latest, and the contract is canceled. In such a case, the BUYER
shall not claim any additional material and moral damages from the SELLER.
Payment:
On the
www.hammamonline.com site, buyers who do not
want to use their credit card information on the internet are offered the
opportunity to order by cash transfer. In payment by wire transfer, the BUYER
can choose the bank most suitable for him and make the transfer. If EFT is
made, the date of transfer to the account will be taken into account. When
making money order and/or EFT, the "Sender Information" must be the
same as the Billing Information and the order number must be written.
After the delivery of the
product, if the relevant bank or financial institution fails to pay the product
price to the SELLER due to the unfair or unlawful use of the BUYER's credit
card by unauthorized persons, not due to the BUYER's fault, the BUYER's product
delivered to the SELLER within 10 days. It is mandatory to send to .
In such cases, the transportation costs belong to the BUYER.
If the BUYER has preferred
to pay by credit card, the BUYER accepts that he will confirm the relevant
interest rates and default interest separately from his bank, and that the
provisions regarding interest and default interest will be applied within the
scope of the "Credit Card Agreement" between the Bank and the BUYER,
in accordance with the provisions of the legislation in force, declares and
undertakes.
ARTICLE 8-
SHIPMENT/DELIVERY PROCEDURE
Shipment:
With the sending of the
order confirmation e-mail, the product/products are given to the cargo company
with which the SELLER has contracted.
Delivery:
The delivery cost, VAT cost
at the arrival country and customs costs are not included. SELLER does not have
any responsibility other than handing the cargo to the Cargo Company at the
BUYER’s address. SELLER can arrange Cargo service on the request of the BUYER.
In this case, BUYER will invoice the cost of Cargo to SELLER but will not be
responsible of Cargo Company’s activities.
The products are sent to
the regions where the cargo companies do not deliver to the address by
telephone notice.
In regions where the Cargo
Company delivers once a week, there may be a delay in the specified day in
cases such as inaccuracies or deficiencies in the shipping information, some
social events and natural disasters. The BUYER cannot impose any responsibility
on the SELLER due to these sags. If the product is to be delivered to a
person/organization other than the BUYER, the SELLER is not responsible for the
extra shipping costs that may arise from the person/organization not accepting
the delivery, inaccuracy in the shipping information and/or the BUYER's
absence. If the product/products did not reach the customer within the
specified days, delivery problems should be reported to the
customer services immediately by using the sales@hammamradiator.com.tr e-mail
address.
In case of damaged package;
Damaged packages should not be received and a report should be made to the
Cargo Company official. If the Cargo Company representative is of the opinion
that the package is not damaged, the BUYER has the right to open the package
and check that the products have been delivered undamaged and to request that
the situation be determined with a report. After the package is received by the
BUYER, it is accepted that the Cargo Company has fully fulfilled its duty. If
the package is not accepted and a report is kept, the situation should be
reported to the SELLER's Customer Services as soon as possible with the copy of
the report remaining in the BUYER.
ARTICLE 9-
PROCEDURE REGARDING THE RIGHT OF PRODUCT RETURN AND WITHDRAWAL
9.1. The BUYER can return the purchased Goods/Services within 14
(fourteen) working days from the delivery date, without taking any legal or
penal liability and without giving any reason, using the right of withdrawal.
In case of exercising the
right of withdrawal:
a) The BUYER returns the
Product to the SELLER within 10 (ten) days from the use of its right of withdrawal.
b) The box, packaging,
standard accessories, if any, of the product to be returned within the scope of
the right of withdrawal must be returned with the product as a gift, complete
and undamaged, in its original box. If the right of withdrawal is to be used,
the product must be unused, not installed in the installation, not assembled.
While the product is being returned to the SELLER, the original invoice
submitted to the BUYER during the delivery of the product must also be returned
to the SELLER. If the original invoice is not sent, VAT and other legal
obligations, if any, cannot be returned.
c) Within 14 (fourteen)
business days following the exercise of the right of withdrawal, the price of
the product is returned to the BUYER in the same way as the BUYER paid. In the
event of the return of goods and services purchased with a card, the SELLER
cannot pay the BUYER in cash in accordance with the contract it has made with
the Bank.
The SELLER is not responsible
for the return shipping cost and the damage to the product during the shipping
process. If the right of withdrawal is exercised within the period until the
delivery of the product after the order confirmation is given, the BUYER will
be responsible for the return shipping cost.
In conditional campaigns,
the refund is made by deducting the campaign discount in the product refund.
9.2. The
right of withdrawal cannot be used in the following cases:
a) Contracts for goods or
services whose prices change depending on the fluctuations in the financial
markets and which are not under the control of the seller,
b) In contracts for the
delivery of goods, which are prepared according to the wishes of the BUYER or
clearly in line with his personal needs, which are not suitable for return due
to their nature and which are in danger of spoiling quickly or whose expiration
date is likely to pass,
c) From the goods whose
protective elements such as packaging, tape, seal, package have been opened
after delivery; in contracts for the delivery of those whose return is not
suitable in terms of health and hygiene,
d) In contracts regarding
goods that are mixed with other products after delivery and cannot be separated
due to their nature,
e) In contracts regarding
books, audio or video recordings, software programs and computer consumables
offered in material environment, provided that the protective elements such as
packaging, tape, seal, package have been opened by the BUYER,
f) Contracts for the
performance of services related to betting and lottery,
g) Before the expiry of the
right of withdrawal, in the contracts regarding the services that have been
started with the approval of the BUYER,
h) The legal relationship
between the BUYER and the SELLER in the contracts regarding the services
performed instantly in the electronic environment and the intangible goods
delivered to the BUYER instantly, and in case the Goods/Services subject to the
contract consist of the types of Goods/Services excluded from the scope of
application of the Distance Contracts Regulation. The right of withdrawal
cannot be exercised because the provisions of the Distance Contracts Regulation
cannot be applied.
9.3. There
is no right of withdrawal for the goods prepared in line with the BUYER's
wishes and/or his personal needs. Aluminum radiators with compact connection
types, electric towel warmers and electric radiators, all custom made products
are not returnable.
9.4. The
general return period for any product purchased inadvertently is 7 days. Within
this period, the return of products that have been opened, used, destroyed,
etc. will not be accepted. Returns must be made with the original packaging.
9.5. In
cases where any opening, deterioration, breakage, destruction, tearing, use and
other conditions are detected in the product and its packaging inadvertently
purchased, and if the product cannot be returned as it was when it was
delivered to the BUYER, the product will not be returned and the price will not
be refunded.
ARTICLE
10-WARRANTY
The products that are used
and cleaned in accordance with the instructions for use are guaranteed for 2
years against all kinds of manufacturing defects, under the conditions stated
below. The warranty responsibility of the SELLER is only valid for the consumers
covered by the law numbered 4077. For commercial works, the provisions of the
Turkish Commercial Code shall apply.
ARTICLE
11- PRIVACY
The information
communicated by the BUYER to the SELLER for the purpose of making payment with
the information specified in this contract will not be shared with third
parties by the SELLER.
The SELLER will only be
able to disclose this information within the framework of the existence of an
administrative/legal obligation. If the SELLER has the requested information
within the scope of any judicial investigation with documented research
capacity, it may provide it to the relevant authority.
Credit Card information is
never stored, Credit Card information is only securely transmitted to the
relevant banks during the collection process, used for provisioning, and
deleted from the system after provision.
Information such as e-mail
address, postal address and telephone belonging to the BUYER are only used by
the SELLER for standard product delivery and information procedures. In some
periods, campaign information, information about new products, promotional
information may be sent to the BUYER after its approval.
ARTICLE 12
- PROTECTION OF PERSONAL DATA
Within the scope of the
Personal Data Protection Law No. 6698, the SELLER has the right to retain this
information and documents in terms of the information and documents submitted
to the employer within the scope of this contract between the SELLER and the
BUYER. The BUYER has been informed that all the information, documents, data,
software codes, photographs, videos related to the BUYER within the scope of
this contract and submitted and provided to the SELLER by the BUYER will be
kept by the SELLER, In this regard, the BUYER accepts, declares and undertakes
that the SELLER irrevocably consents.
ARTICLE
13- AUTHORIZED COURTS AND EXECUTION OFFICES IN CASE OF DISPUTES
The BUYER declares, accepts and undertakes that he has read all the conditions
and explanations written in this contract and the order form that form its
integral part, that he has received, reviewed and fully accepted the sales
conditions and all other preliminary information. In the event that the order
is realized, the BUYER is deemed to have accepted all the terms of this
contract.
In case of dispute arising
from the implementation of this contract, Istanbul Courts and Enforcement
Offices are authorized.