Mesafeli Satış Sözleşmesi
Mesafeli Satış Sözleşmesi
Mesafeli Satış Sözleşmesi
Distance Sales Agreement
Parties
ARTICLE 1 – PARTIES
1.1 – SELLER
Title: Teknopask Hydraulic Pneumatic Engineering Industry & Trade LTD. CO.
Address: Esenşehir mah. Sarıgazi yolu cad. no:38/a Ümraniye/Istanbul
TAX OFFICE: SARIGAZI
TAX NUMBER: 8360969155
Email address: info@sanayitech.com
1.2 – BUYER
The person who is a member of sanayitech.com shopping site as a customer, with identity, address, and contact information used during registration.
ARTICLE 2 – SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, whose qualities and sale price are specified below, ordered by the BUYER electronically from the sanayitech.com website of the SELLER.
ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT
The type, quantity, brand/model, color, unit price, and payment method of the product/service are as stated at the time the order is concluded.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and are informed about the basic qualities of the product subject to the agreement, including the total sale price and payment method, as well as the delivery terms and costs, and the SELLER’s full commercial title, address, and contact information, and that they have provided the necessary confirmation in the electronic environment.
By confirming this agreement electronically, the BUYER confirms that before the conclusion of the distance contracts, they have obtained the correct and complete information on the address, the main features of the ordered products, the price of the products including taxes, and the payment and delivery information provided by the SELLER to the Consumer.
4.2 The product subject to the agreement is delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified in the pre-information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period for each product.
4.3 If the product subject to the agreement is to be delivered to another person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity to be delivered does not accept the delivery.
4.4 The SELLER cannot be held responsible for any problems that the cargo company encounters during the delivery of the product to the BUYER, causing the ordered product not to be delivered to the BUYER.
4.5 The SELLER is responsible for delivering the product subject to the agreement intact, complete, in accordance with the qualifications specified in the order, and with any warranty documents and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER, provided there is a justified reason, before the performance obligation arising from the agreement expires.
4.7 If it becomes impossible to fulfill the service or product subject to the order, the SELLER must inform the consumer of this situation before the performance obligation arising from the agreement expires and may supply a different product of equal quality and price to the BUYER.
4.8 For the delivery of the product subject to the agreement, a signed copy of this agreement must be delivered to the SELLER and the price must be paid by the BUYER in the payment method preferred by the BUYER. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.9 The BUYER accepts and undertakes that the credit card information defined in the system during the shopping is correct and that they bear all legal and penal responsibilities arising from the use of this credit card. If the product is delivered, and after the delivery, the relevant bank or financial institution does not pay the product price to the SELLER due to unauthorized or unlawful use of the BUYER's credit card not caused by the BUYER's fault, the BUYER must return the product to the SELLER within 3 days, provided it has been delivered to them. In such a case, the shipping costs are borne by the BUYER. If the BUYER does not return the product, they accept and undertake that the product price will be transferred to the SELLER’s bank accounts without any notice, in cases where the product price is not collected from the credit card for any reason or is refunded to the credit card.
4.10 If the SELLER cannot deliver the product subject to the agreement within the term due to force majeure or extraordinary circumstances such as weather conditions preventing transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of this situation. In this case, the BUYER may exercise one of their rights to cancel the order, replace the product subject to the agreement with its equivalent, and/or postpone the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount paid will be refunded to them within 10 days.
4.11 The points given to the customer by the SELLER through a campaign are only valid for one purchase. These points will not be refunded even if the product is returned.
For payments made by credit card, the product amount is refunded to the relevant bank within 7 days after the order is canceled by the BUYER. The reflection of this amount on the BUYER's accounts after the return to the bank depends entirely on the bank's transaction process. The BUYER accepts in advance that the SELLER cannot intervene in any way for possible delays and that the amount refunded to the credit card by the SELLER may take an average of 2 to 3 weeks to reflect in the BUYER's account.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the product subject to the agreement within 14 days from the delivery to themselves or the person/entity at the address indicated, without any justification.
However, products prepared specifically for the BUYER for special days such as New Year, holidays, Mother's Day, and campaigns and promotional products cannot be returned. The BUYER accepts these terms while making the purchase.
To exercise the right of withdrawal, the SELLER must be notified by fax or email within 14 days, and the product must not have been used in accordance with the provisions of Article 6. If this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent back with the return invoice issued by the institution. Order returns with invoices issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned within the 14-day period must be delivered complete and undamaged with their box, packaging, and standard accessories, if any. Within 10 days following the receipt of these documents, the product price is refunded to the BUYER.
The return shipping cost will be borne by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER while selling the product.
When returning the product to the SELLER, the original invoice submitted to the BUYER at the time of delivery must also be returned (to ensure consistency in accounting records). If the invoice is not sent with the product or within 5 days after the product is sent, the return process will not be completed, and the product will be sent back to the BUYER with the shipping cost payable by the BUYER. The phrase "return invoice" must be written on the invoice to be returned with the product, and it must be signed by the BUYER.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that are of a nature that makes them unsuitable for return, such as single-use products, software and programs that can be copied, perishable products, or products that may expire.
ARTICLE 7 – DEFAULT OF THE DEBTOR
In the event of the BUYER's default, the BUYER agrees to compensate the SELLER for the losses and damages incurred due to the delayed performance of the debt. If the BUYER's default is due to the SELLER's fault, the BUYER will not be obliged to compensate for any losses or damages.
ARTICLE 8 – COMPETENT COURT
In the implementation of this pre-information, the Consumer Arbitration Committees and Consumer Courts in the location where the BUYER purchased the goods or services and resides are authorized up to the value announced by the Ministry of Industry and Trade. The SELLER may apply to the Consumer Arbitration Committees or Consumer Courts in the location where the BUYER purchased the goods or services or resides, within the monetary limits determined by the Ministry of Industry and Trade in December each year.
From 28/05/2014:
a) Disputes up to two thousand Turkish Liras are handled by district consumer arbitration committees, disputes up to three thousand Turkish Liras are handled by provincial consumer arbitration committees, and disputes between two thousand and three thousand Turkish Liras in provinces with metropolitan status are handled by provincial consumer arbitration committees. Applications cannot be made to consumer arbitration committees for disputes exceeding these values.
b) For disputes exceeding the specified values, applications must be made to the Consumer Court, and if there is no Consumer Court, to the Civil Court of First Instance acting as the Consumer Court.
This pre-information is made for commercial purposes.
Please Note: Before signing the cargo receipt, please check if your cargo package is damaged due to transportation. If there is any damage to your cargo package, please return the package to the cargo officer without signing any delivery documents. Your new products will be sent to you immediately. sanayitech.com is not responsible for any damage or deficiency in the products if the damaged package is accepted.