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Distance Selling Agreement

ARTICLE 1- PARTIES

1.1. SELLER :

Trade name: Aker Mağazacılık San. ve Tic. A.Ş.
Address : Cumhuriyet Mah. Nakiye Elgün Sok. No : 65 Osmanbey - Şişli / İstanbul
Phone : 444 25 37
Fax : 0212 231 36 90

1.2. BUYER :

Name/surname/Title : 
Address : 
Phone : 
EMail :

ARTICLE 3- THE PRODUCT SUBJECT OF CONTRACT

The subject of this contract is determination of the rights and obligations of the parties by virtue of the provisions of the Consumer Protection Law no. 6502 related with sales and delivery of the product, which is ordered by the BUYER from the SELLER electronically via the web-site www.aker.com.tr and the features and sales price of which are stated below.

ARTICLE 3- THE PRODUCT SUBJECT OF CONTRACT

3.1- Kind and type, Quantity, Brand/Model, Color and Sales Price including Taxes (quantity x unit price) of the products are as stated below.

Product Name

Quantity

Sales Price (Total price including VAT

   
   
   

3.2 Payment Terms: .......... payment through

3.3 - On the other hand, as the forward sales can only be made  via credit cards of the Banks, the buyer accepts, declares and undertakes that it  will confirm the relevant interest rates and details about the default interest with its bank and the provisions related with interest and default interest by virtue of the provisions of the applicable legislation shall be applied under the credit card contract between the Bank and buyer.

Refund Procedure:

A) THE PROCEDURE OF REFUND TO THE CREDIT CARD

In case the Buyer exercises its right of withdrawal or the product subject of order could not be supplied for various reasons or if a decision is rendered for refund to the consumer under the resolutions of the Arbitration committee, if the shopping was made via credit card, the procedure of refund to the credit card is explained below: The Bank makes the repayment to the customer in installments equal to the number of the installments preferred by the customer for buying the product. After repayment of the whole product price by Aker Mağazacılık (aker.com.tr) to the bank in a lump, in case of refund of the installment expenditures made through pos machines of the Bank to the credit card of our Customer, the amounts of refund claimed are transferred to the accounts of the holders in installments again in order to prevent suffering of the involved parties. Regarding the amounts of installments paid by the customer until cancellation of the sale, 1 refund shall be reflected to the card monthly if the refund date does not coincide with the cutoff dates of the card and the customer shall take refund of the installments paid before return for additional months equal to the number of the installments paid before return and it shall be deemed deducted from the current debts.

In case of return of any goods and service purchased by card, Aker Mağazacılık may not make cash payment to the Customer by virtue of the contract made with the Bank. In case of any return transaction, the card acceptor, i.e. Aker Mağazacılık shall perform the return transaction via the relevant software and as the card acceptor, i.e. Aker Mağazacılık is obliged to pay the relevant amount to the Bank in cash or on account, by virtue of the aforementioned procedure, no cash payment is made to the Customer. Refund to the credit card shall be made by virtue of the aforementioned procedure by the Bank upon payment of the Price by Aker Mağazacılık to the Bank in lump sum.

The BUYER accepts, declares and undertakes that the average period until reflection to the account of the Buyer of the amount refunded to the credit card by the SELLER may last 2-3 weeks and as the reflection of such amount to the accounts of the BUYER after refund to the BANK is fully related with the bank transaction process, the BUYER will not keep the SELLER responsible for any possible delay.

The buyer accepts and undertakes that s/he read and accepts this procedure.

B) RETURN PROCEDURE IN CASE OF TRANSFER BY PAYING AT THE DOOR/EFT PAYMENT OPTIONS

In case of transfer by paying at the door/EFT options, bank account details of the Buyer will be requested and the refund shall be made through transfer or EFT to the account specified by the Buyer (It is compulsory that the account holder must be the person stated at the invoice address or the user member). Otherwise, the refund amount shall be credited with the membership account of the Buyer on www.aker.com.tr.

3.4- Delivery Terms and Address :

Delivery Address : 
To be delivered to: 
Invoice Address:

Delivery shall be made personally to the aforementioned address of the Buyer via a courier company. In case the buyer is not present at the specified address at the time of delivery, the SELLER shall be deemed to perform its obligation fully and completely. Therefore, the BUYER shall be responsible for any damage incurred due to late receipt of the product by the buyer as well as any expenses arising from holding the product at the courier company and/or return of the cargo to the SELLER.

Cargo Fee : It is TL ……… TL, cargo price is added to total order amount and paid by the customer. It is not included in the product pricer.

MARTICLE 4- GENERAL PROVISIONS

4.1 - ALThe BUYER declares that s/he has read any preliminary information about basic features, sales price of the product and payment terms and delivery on the website www.aker.com.tr and has relevant knowledge and gave the required confirmation electronically.
4.2 - The product subject of the contract is delivered to the BUYER or the person/organization at the specified address within the term described within scope of the preliminary information on the website depending on the distance of the residence address of the BUYER for each product, provided that the legal term of 30 days is not exceeded.
4.3 - If the product subject of the contract will be delivered to any person/organization other than the BUYER, the SELLER may not be responsible for rejection of taking delivery by the person/organization specified for taking delivery.
4.4 - The SELLER is responsible for delivery of the product subject of the contract in good condition, without any deficiency, in accordance with the features specified in the order and together with the warranty certificates and user’s manuals, if any.
4.5 - It is essential for delivery of the product subject of the contract that a signed copy of this contract is delivered to the SELLER and the price is paid through a payment method preferred by the BUYER. If the product price is not paid or cancelled at the bank records for any reason whatsoever, the SELLER is deemed to be released from the obligation of product delivery.
4.6 -  In case the relevant bank or financial institution fails to pay the product price to the SELLER after delivery of the product due to unfair and illegal use of the credit card of the BUYER by unauthorized persons in a manner not attributable to the BUYER, the product must be returned to the SELLER within 3 days, provided that it has been delivered to the BUYER. In such case, the BUYER shall bear the transportation costs.
4.7 - Regarding any products sold together with or without a warranty certificate, any broken or faulty product (defective) may be returned to the SELLER for performance of the required repair by the authorized service under the warranty terms, in such case the SELLER shall bear the cargo expenses.
4.8 - The SELLER is entitled to contact with the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed or mobile phone lines and other communication details specified by the BUYER on the form of registration with the website or updated by the BUYER lateron. By accepting this contract, the BUYER accepts and declares that the SELLER may communicate with itself through the aforementioned channels.
4.9 - The BUYER shall examine the goods/service subject of the contract before delivery and will not take delivery of any damages and defective goods/services such as crushed, broken ones and the ones with a torn package. Any goods/services taken delivery shall be accepted to be free from defects and in good condition. The BUYER shall be obliged to protect the goods/service with due care after delivery. If the right of withdrawal will be exercised, the goods must not be used and the labels must not be detached. The invoice must be returned.

ARTICLE 5- RIGHT OF WITHDRAWAL

The BUYER is has right of withdrawal by rejecting the product within 14 days following delivery of the product subject of the contract to itself or the person/organization at the specified address. The product price is refunded to the BUYER within 10 days following service of the withdrawal notification of the consumer to the seller. The cargo price of the product returned due to the right of withdrawal shall be borne by the SELLER.

We undertake that the consumer has right of withdrawal from the contract by rejecting the product or service within fourteen days following the date of taking delivery of the product or signature date of the contract without assuming any legal and criminal liability and without showing any reason and that we will take return of the product after service of the withdrawal notification to the seller or provider.

For performance of the return procedures as per the general communiqué of the tax procedural law no. 385, you must complete fully the relevant sections of the invoice, which we sent to you and have a return section, and return it to us together with the product after signing. However, regarding TRNC and overseas consignments, for ordering, our customers are obliged to pay the taxes related with the goods purchased by them at the customs office. The Customers may not have the right of withdrawal for the products not taken from the customs office anyway. Under distant contracts related with sales of goods, the consumer has right of withdrawal from the contract by rejecting the goods within fourteen days following the date of delivery without any legal or criminal liability and without showing any reason.

ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL WILL NOT BE USED

The right of withdrawal may not be used for the goods that are customized or explicitly produced for its personal needs.

ARTICLE 7- DEFAULT PROVISIONS

If the parties fail to fulfill their obligations arising from this contract, the provisions of Default of the Debtor stipulated in article 106-108 of the Code of Obligations shall apply. In case of default, if either party fails to fulfill its obligations in due time without any just reason, the other party shall grant a period of 7 days to the defaulting party for performance of such obligation. If it fails to fulfill such obligation within such term, the defaulting party shall be deemed to be in default and the creditor shall be entitled to request delivery of the goods by requesting fulfillment of such obligation and/or termination of the contract and return of the price.

If the product subject of the contract is not delivered in due time due to any force majeure that may prevent fulfillment of such obligation by aker.com.tr or adverse weather conditions that obstructs transportation, interruption of transportation, fire, earthquake, flood and such extraordinary events, the Buyer accepts that aker.com.tr has no liability and may exercise one of its rights of cancellation of the order or the postponement of the delivery time until removal of the preventive incident. In case the BUYER cancels the order, the amount paid shall be returned within 10 days (in case of installment shopping made via credit cards, the BUYER accepts the aforementioned procedure for refund to the credit card)

ARTICLE 8- COMPETENT COURT

In implementation of this contract, the Consumer Arbitration Committees as well as the Consumer Courts in the residence address of the BUYER or SELLER shall have jurisdiction up to the amount announced by the Ministry of Industry and Trade.

Upon realization of the order, the BUYER shall be deemed to accept all conditions of this contract.

SELLER

BUYER

Aker Mağazacılık Tekstil San. ve Tic. A.Ş. 

DATE

 

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