DISTANCE SALE AGREEMENT
1.TARAF on
This Agreement has been signed between the following parties within the framework of the following terms and conditions.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. "SELLER"; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: PORT İZMİR İÇ VE DIŞ TİC. Inc.
ADDRESS: Bahriye Üçok Mahallesi 1836 Sokak. No: 57/1 Karşıyaka / İZMİR
By accepting this contract, the PURCHASER agrees in advance that he / she will be under the obligation to pay the additional price specified as the subject of the order and the additional charges such as shipping fee and tax if he / she approves the order.
2.TANIM on
In the implementation and interpretation of this contract, the terms written below will express the written explanations against them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (RG: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transaction other than providing goods committed or committed for a fee or benefit,
SELLER: The company acting on behalf or on behalf of the consumer offering or offering goods within the scope of his commercial or professional activities,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PARTY: Real or legal person who requests a good or service on the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.
Position 3 of the
This Agreement regulates the rights and obligations of the parties pursuant to the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualifications of which are specified below, and the sales price of the product that the BUYER has ordered electronically via the SELLER's website.
The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
4. SELLER INFORMATION
Company Port Izmir Ic ve Dis Tic. Inc.
Address Bahriye Üçok Mah. 1836 Sokak No: 57/1 Karşıyaka / İZMİR
Email info@portpilates.com.tr
Tel 0.232.246 66 46
5. BUYER INFORMATION
The person to be delivered:
Delivery address
Telephone
Fax
Email / username
6. PERSON INFORMATION OF THE ORDER
Name / Surname / Title
Address
Telephone
Fax
Email / username
7. CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
1. The main features (type, quantity, brand / model, color, number) of the Good / Product / Products / Service are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Number Unit Price Subtotal
(VAT included)
Shipping Amount
Total:
Payment Method and Plan
Delivery address
The person to be delivered
Billing address
Order date
Delivery date
Delivery method
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the SELLER.
8. INVOICE INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
Invoice delivery: With the order, invoice address during invoice order delivery
It will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic qualities, sales price and payment method and delivery of the product subject to the contract on the website of the SELLER and that he has the necessary confirmation in the electronic environment. The receiver; It accepts, declares and undertakes to confirm the Preliminary Information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products, including taxes, payment and delivery information correctly and completely. .
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER performs the work under the principles of integrity and integrity, in accordance with the legal regulations, in accordance with the legal regulations, in order to deliver the product subject to the contract complete, in accordance with the qualifications specified in the order, and with warranty information, user manuals, information and documents required by the business. accepts, declares and undertakes to act, to maintain and raise the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the contractual performance obligation expires.
9.5. If the SELLER cannot fulfill its contractual obligations in case the fulfillment of the order product or service becomes impossible, the seller accepts, declares and undertakes that he / she will notify the consumer in writing within 3 days from the date of his learning, and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he / she will confirm this Contract electronically for the delivery of the product subject to the Contract, and for any reason, if the product price of the contract is not paid and / or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will expire.
9.7. If the BUYER, the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card of the BUYER by the unauthorized persons after the delivery of the contractual product to the person and / or institution at the address indicated by the BUYER or the BUYER. He accepts, declares and undertakes that he will return it to the SELLER within 3 days at the shipping expense.
9.8. The SELLER accepts, declares and undertakes that he / she will notify the BUYER if he / she cannot deliver the product subject to the contract within the due time due to force majeure conditions such as the development of the parties that are beyond the will of the parties, unforeseen and preventing the parties from fulfilling their debts. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with the equivalent, if any, and / or to delay the delivery period until the barrier situation disappears. In the event that the order is canceled by the BUYER, the amount of the product is paid to him in cash and in advance within 14 days. 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 to reflect the amount returned to the credit card by the SELLER to the BUYER account by the bank, since this amount is reflected in the BUYER's accounts after the return of this amount to the bank, the BUYER may accepts, declares and undertakes that he / she cannot hold responsible.
9.9. Communication, marketing, notification and other means of mail, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form on the site or updated by the SELLER. has the right to reach the BUYER for other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities.
9:10. The BUYER will inspect the goods / services subject to the contract before receiving them; dents, broken, torn packaging etc. will not receive damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
9:11. In case the BUYER and the credit card holder used during the order are not the same person or before the product is delivered to the BUYER, if the security deficit related to the credit card used in the order is detected, the SELLER shall provide the identity and contact details of the credit card holder, the statement of the credit card used in the order from the previous month. or the cardholder may request from the bank to present the letter indicating 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 mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9:12. The PURCHASER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is true, and that the SELLER will immediately compensate all damages due to the fact that this information is contrary to the fact, upon the first notification of the SELLER, in cash and in advance.
9:13. The BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that will arise will bind the BUYER completely and exclusively.
9:14. The BUYER may not use the SELLER's website in any way to disrupt public order, to violate public morality, to disturb and harass others, to violate the material and moral rights of others. In addition, the member cannot take action (spam, virus, trojan horse, etc.) to prevent or force others to use the services.
9:15. Links to other websites and / or other content owned and / or operated by other third parties may be linked via the SELLER's website. These links have been put in order to provide ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute a guarantee for the information contained in the linked website.
9:16. The member who violates one or more of the articles listed in this contract is criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; Due to this violation, the SELLER reserves the right to claim compensation in case the event is brought to the legal field, since the membership agreement against the member is not complied with.
10. RIGHT TO WITHDRAWAL
10.1. RECEIVER; In case the distance contract is related to the sale of the goods, within 14 (fourteen) days from the date of delivery of the product to itself or the person / organization at the address indicated, it may use the right to withdraw from the contract by refusing the goods without undertaking any legal and criminal responsibility and without giving any reason. In distance contracts regarding service delivery, this period starts from the date of signing the contract. Before the right of withdrawal expires, the right of withdrawal cannot be used in the service contracts whose service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that he has been informed of the right to withdraw.
10.2. In order to use the right of withdrawal, it is necessary to make a written notification to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must not be used in accordance with the provisions of the "Products that cannot be used with right of withdrawal". If this right is exercised,
a) Invoice of the product delivered to the 3rd person or to the BUYER (If the invoice of the product to be returned is institutional, it must be sent together with the return invoice issued by the institution when returning.
b) Return form,
c) The products to be returned must be delivered complete and undamaged with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest after the withdrawal notification reaches him and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason arising from the BUYER's defect or if the return becomes impossible, the BUYER is liable to compensate the losses of the SELLER. However, the PURCHASER is not responsible for the changes and deteriorations caused by the proper use of the product or product within the period of withdrawal.
f) If the campaign limit amount set by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS WITHOUT THE RIGHT OF WITHDRAWAL
Products that are prepared in accordance with the request of the BUYER or explicitly for their personal needs and are not available for return, the materials that are intentionally abused by the BUYER, the items that are returned after the right of withdrawal have passed, before the end of the right of withdrawal, the right of withdrawal regarding the services started with the approval of the consumer. It is not possible to use it as per the Regulation.
12. DEFAULT CARE AND LEGAL RESULTS
The BUYER accepts, declares and undertakes that he / she will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the bank, if the payment is made in default when he / she makes the payment by credit card. In this case, the bank may apply to legal means; can claim the costs and attorney's fees arising from the BUYER and if the BUYER defaults due to the debt of the BUYER, the BUYER accepts, declares and undertakes that he will pay the damages and losses incurred by the SELLER.
13. AUTHORIZED COURT
Complaints and appeals in disputes arising from this contract, consumer problems within the monetary limits specified in the law below or where the consumer transaction is made, will be made to the arbitral tribunal or the consumer court.
This Agreement is made for commercial purposes.
14. VALIDITY
When the BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.
SELLER: Port İzmir İç ve Dış Tic. Inc.
RECEIVER:
HISTORY: