Distance Sales Contract
TABA HOME VIRTUAL STORE DISTANT SALES AGREEMENT
ARTICLE 1: PARTIES
1.1 SELLER:
Title: Taba Home E-Commerce Industry Limited Company
Address: Mahmudiye Mahallesi Sarmaşık Sokak No:7/A İnegöl/BURSA
Telephone: 0 850 532 8 222
E-mail: info@tabahome.com.tr
1.2 BUYER:
1.3 PRODUCT FEATURES:
1.4 DELIVERY PRICE OF THE PRODUCT INCLUDING ALL TAXES
ARTICLE 2: SUBJECT.
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the products whose content and sales price are specified in Articles 1.3 and 1.4 of the contract, which the BUYER ordered electronically from the SELLER's http://www.tabahome.com.tr website. The BUYER accepts and declares that he/she has information about the basic qualities of the products subject to sale, sales price, payment method, delivery conditions, etc. all preliminary information about the product subject to sale and the right of withdrawal, confirms this preliminary information electronically and then orders the product, in accordance with the provisions of this contract. The preliminary information and invoice on http://www.tabahome.com.tr are integral parts of this contract. The BUYER is deemed to have accepted all the terms of this contract as soon as the order is realised.
ARTICLE 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE OF THE CONTRACT AND METHOD OF DELIVERY
ARTICLE 4: DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the BUYER. If the SELLER has declared on the website that the delivery fee of those who shop above the announced figure will be covered by the SELLER, the delivery cost belongs to the SELLER. Even if the BUYER is not present at the address of the BUYER at the time of delivery, the SELLER shall be deemed to have fulfilled its performance in full and in full. For this reason, any damage caused by the late receipt of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the seller also belong to the BUYER. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER`s account. The SELLER delivers the product within 30 (thirty) days from the order and reserves the right to extend the additional 10 (ten) days with written notification within this period. If the SELLER cannot deliver the product subject to the contract within the period due to stock depletion and similar commercial impossibilities, unexpected circumstances, force majeure or extraordinary circumstances such as weather opposition preventing transportation, interruption of transportation, it is obliged to notify the BUYER. For the delivery of the product subject to the contract, a signed copy of this contract must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or cancelled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
ARTICLE 5: DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER will check the product subject to the contract before receiving the product, deformed, worn, torn packaging, etc. will not receive the damaged and defective product from the cargo company. The delivered product shall be deemed to be undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product must not be used, the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the Seller. After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card of the BUYER by unauthorised persons in a way not caused by the BUYER's fault, the BUYER is obliged to send the product to the Seller within 3 (three) days, provided that it has been delivered to him. In this case, delivery expenses belong to the BUYER. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and the person present at the time of delivery at this address shall be deemed to be a delivery made to the BUYER.
ARTICLE 6: DECLARATIONS AND COMMITMENTS OF THE SELLER
The Seller is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the product subject to the contract will be delivered to a person / organisation other than the BUYER, the Seller cannot be held responsible for the refusal of the person / organisation to accept delivery. The Seller undertakes that the BUYER has the right to withdraw from the contract by rejecting the product within 7 (seven) days from the date of receipt of the product or signing of the contract without any legal and criminal liability and without any justification and to take back the product from the date of receipt of the withdrawal notification to the seller or provider. The seller shall return the product price and, if any, the negotiable instruments within 7 (seven) days after the withdrawal declaration reaches him. It takes back the product within 7 (seven) days. The Seller may, for justified reasons, supply the product of equal quality and price to the BUYER before the performance period in the contract expires. If the seller thinks that the delivery of the product is impossible, it notifies the BUYER before the contract expires. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery period until the obstructive situation disappears. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 7 (seven) days.
ARTICLE 7: CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE CONTRACT
The Type and Type of Product, Quantity, Brand / Model, Colour and Sales Price Including All Taxes are as stated in the information on the product introduction page on the website http://www.tabahome.com.tr and in the invoice, which is considered an integral part of this contract. The Seller is not responsible for price update errors caused by technical reasons.
ARTICLE 8: CASH PRICE OF THE PRODUCT
The cash price of the product is included in the invoice.
ARTICLE 9: FORWARD PRICE
The price of the product according to the maturity made to the sales price is available in the invoice content.
ARTICLE 1O: DOWN PAYMENT AMOUNT
The down payment amount of the product is included in the invoice.
ARTICLE 11: PAYMENT PLAN
The BUYER accepts, declares and undertakes that the BUYER will confirm the relevant interest rates and default interest from the bank separately, 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. In instalment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. The BUYER can also follow the number of instalments and payments from the account statement sent by the bank.
ARTICLE 12: RIGHT OF WITHDRAWAL
In distance contracts for the sale of goods, the BUYER has the right to withdraw from the contract by rejecting the goods without any legal and criminal liability and without any justification within 7 days from the date of receipt. In distance contracts for service provision, this period starts on the date the contract is signed. If it is agreed in the contract that the performance of the service will be made before the expiration of the 7-day period, the consumer may exercise the right of withdrawal until the date the performance will begin. The costs arising from the exercise of the right of withdrawal belong to the other party. Even if the delivery of the goods is made to a person other than the buyer who is a party to the contract, the buyer may exercise the right of withdrawal.
ARTICLE 13: PRODUCTS THAT CANNOT BE USED RIGHT OF WITHDRAWAL
The buyer cannot use the right of withdrawal in the goods produced in accordance with the special requests and demands of the buyer or personalised by making changes or additions. In addition, the buyer cannot use the right of withdrawal in the case of goods that are likely to deteriorate rapidly or expire, which cannot be returned due to their nature.
ARTICLE 14: DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may claim the costs and attorney's fees from the BUYER and in any case, if the BUYER defaults due to the BUYER's debt, the BUYER agrees to pay the damage and loss of the Seller due to the delayed performance of the debt.
ARTICLE 15: COMPETENT COURT
In disputes that may arise from this contract, the Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and the Consumer Courts in the settlements of the BUYER and the Seller, and the Bursa Civil Courts of First Instance in places where there is no consumer court are authorised.
ARTICLE 16: EFFECTIVE DATE
In case of payment of the order placed through the site, the BUYER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that the order cannot be placed without confirmation that the contract in question has been read and accepted by the BUYER on the site.