PARTIES
VENDOR-PROVIDER
Title Mahmut Taner Ceylan
Address: Senlik Koy Mahallesi, Mahirler Sokak 8/1, Bakirkoy / Istanbul
E-mail: info@olimpossergileri.com
Telephone: (0212) 333 33 33
Bank Account
BUYER (CONSUMER)
Name, Surname/Title:
Address:
E-mail:
Telephone:
SUBJECT OF THE CONTRACT PRODUCT, PRICE, PAYMENT AND DELIVERY
1. The subject of this Agreement is the determination of the rights and obligations of the parties who have the titles of consumer and seller in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the following products (‘Product / Products’) ordered electronically by the BUYER from the SELLER’s https://www.olimpossergileri.com/ website (‘INTERNET SITE’).
2. This Agreement is valid if the BUYER is a consumer (if he/she does not purchase the products for a professional and / or commercial purpose) in accordance with the TKHK.
The Type and Type, Quantity, Brand / Model and Sales Price and Delivery Information of the products (goods / services) are as follows.
Product Description
Price
Shipping Charge
Total (including VAT) Price
Payment Method:
Delivery Address:
Person to be Delivered to:
Billing Address:
Other matters relating to delivery are set out in the relevant provisions of the Contract.
RIGHT OF WITHDRAWAL
. The SELLER makes the following commitment to the BUYER.
‘We undertake that the consumer has the right to withdraw from the contract by refusing the goods or service within seven days from the date of receipt of the goods or signing of the contract without any legal and criminal liability and without any justification (and without paying any penal clause) and that we undertake to take back the goods from the date of receipt of the withdrawal notification to the seller or provider.’
2. However, in accordance with the relevant legal regulations, there is no right of withdrawal in contracts for the following goods / services, even if they have not been used / utilised: Goods produced in line with the special requests of the consumer or his/her personal needs (including those that are specialised to the person/personal needs by making changes or additions on them); cosmetics etc. Goods that are not suitable for returning in terms of their nature, such as cosmetics etc. and foodstuffs such as chocolate etc., which are in danger of spoiling quickly or whose expiry date is likely to expire; audio or video recordings such as CDs, DVDs, software programs and computer consumables whose packaging has been opened by the consumer; goods whose price is determined in organised markets such as stock exchanges; publications such as newspapers, magazines; services related to betting and lottery; in general, all services performed instantly in electronic media and all kinds of intangible goods delivered to the consumer instantly. In addition, services that are started to be performed within the right of withdrawal period with the approval of the consumer and other goods and services that are accepted outside the scope of distance sales in accordance with the relevant legislation.
3. In order to exercise the right of withdrawal, the SELLER must be notified within this period. (This notification can be made to the SELLER’s contact address specified in this Agreement by a continuous data carrier-distance communication tool such as letter, electronic mail). If this right is exercised, in addition to the aforementioned notification, the original invoice (in accordance with the tax legislation) must be returned with a copy of the cargo delivery report stating that the Product delivered to the 3rd person or the BUYER was sent to the SELLER. In addition, the Products to be returned must be delivered to the SELLER complete and undamaged together with the box, packaging, standard accessories, if any. The shipping cost of the product returned using the right of withdrawal is covered by the SELLER.
4. In addition to the cases where a return invoice must be issued by the BUYER, the section related to the return at the bottom of the invoice to be returned with the Product shall be filled and signed. Order returns whose invoice is issued on behalf of institutions will not be accepted if the RETURN INVOICE is not issued.
5. Within 10 days following the receipt of the above written documents and the Product to the SELLER in this way, the Product price is returned to the BUYER. In credit card payments, the refund transaction is also made by returning to the BUYER’s credit card (the provisions and explanations of Article 8 of the General Provisions regarding the return are also valid in cases of return due to the use of the right of withdrawal).
6. In the Products where the right of withdrawal can be used, again in accordance with the legislation, if there is a decrease in value due to changes and deterioration in the goods due to use other than the usual use or a decrease in value caused by the fault of the consumer in general, the Consumer must compensate the SELLER for this decrease in value, and if there is an impossibility of return, the value of the goods (the above sales price).
GENERAL PROVISIONS
1. The BUYER accepts that the preliminary information regarding the basic qualities of the products shown on the INTERNET SITE, the sales price including all taxes and the payment method, the delivery and the right of withdrawal and the terms of use have been received, read and informed, and that he / she has given the necessary confirmation-approvals for electronic sales.
2. The product subject to the contract is delivered to the BUYER or the person / organisation at the address indicated by the BUYER or the person / organisation at the address indicated by the SELLER within 7 business days depending on the distance of the BUYER’s settlement for each product, provided that it does not exceed the legal 30-day (and additional 10 days with prior notification of the BUYER) period. The SELLER sends and delivers the products it sells to the BUYERS via CARGO companies.
3. In general, unless otherwise stated, delivery costs (cargo fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs in question to the BUYER depending on the result of the campaigns carried out at the time of sale and announced on the INTERNET SITE.
4. In the event that the BUYER is not present at the address at the time of delivery of the products delivered at the address, the SELLER shall be deemed to have fulfilled its obligation fully and completely. In case there is no one to receive delivery at the address, it will be the responsibility of the BUYER to follow the shipment of the products by contacting the cargo company. If the product will be delivered to a person / organisation other than the BUYER, the SELLER cannot be held responsible for the person / organisation to be delivered not being present at the address or not accepting the delivery. In these cases, all kinds of damages arising from the late receipt of the Product by the BUYER and the expenses incurred due to the waiting of the Product in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER.
5. The BUYER is responsible for checking the Product as soon as he/she receives the Product and when he/she sees a problem caused by the cargo in the Product, he/she is responsible for not accepting the Product and keeping a report to the CARGO company official. Otherwise, the SELLER will not accept responsibility. If requested by the SELLER during the delivery of the PRODUCT, the BUYER is obliged to sign a printed copy of this Agreement; if not signed, the PRODUCT may not be delivered. This Agreement approved by the BUYER during shopping on the WEBSITE is sufficient and valid in all cases.
6. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. If the price of the Product is not fully paid to the SELLER before delivery in cash sales, and if the due instalment amount is not paid in instalment sales, the SELLER may unilaterally cancel the contract and may not deliver the Product.
7. If for any reason after the delivery of the Product, the Bank / financing institution to which the credit card to which the transaction is made cannot pay the Product price to the SELLER, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the inability to pay the price of the product is due to the fault of the BUYER, the shipping costs shall be borne by the BUYER. All other contractual-legal rights of the SELLER, including the follow-up of the Product price receivable without accepting the return, are also and in any case reserved. For the avoidance of doubt; In cases where the BUYER pays the sales price with a credit card, instalment card, etc. from banks and financing institutions, all the facilities provided by these cards are credit and / or instalment payment facilities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price in advance or in advance are not credit or instalment sales for the parties to this Agreement and are cash sales. The legal rights of the SELLER in cases deemed to be sales in instalments by law (including the right to terminate the contract in case of non-payment of instalments and / or to demand payment of the entire remaining debt together with default interest) are available and reserved. In case of default of the BUYER, default interest shall be applied at the rate determined by the legislation.
8. If the Product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales / delivery conditions and the delay exceeds 10 days, the SELLER informs the BUYER about the delivery.In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation.In case of order cancellations, if the product price has been collected, it will be returned to the BUYER within ten (10) business days from the cancellation.In credit card payments, the refund transaction is also made by returning to the BUYER credit card and the Product amount is returned to the relevant bank within ten (10) business days after the order is cancelled by the BUYER; Since the reflection of this amount to the BUYER accounts after the return of this amount to the Bank is entirely related to the Bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way and assume responsibility for possible delays. (Banks’ processes of reflecting the refund to the BUYER account can usually take up to three weeks).
9. The BUYER may notify the SELLER of his/her requests and complaints regarding the Product and sales through the SELLER communication channels in the introduction section of the Agreement. If requested by the SELLER during the delivery of the PRODUCT, the BUYER is obliged to sign a hanging copy of this Agreement; if he/she does not sign, the PRODUCT may not be delivered. This Agreement approved by the BUYER during shopping on the WEBSITE is sufficient and valid in all cases.
10. In the event that it is understood that the Product / Service subject to the Contract cannot be supplied for a justifiable reason other than extraordinary circumstances, the SELLER may supply another good / service of equal quality and price by informing the CONSUMER in a clear and understandable manner and obtaining its approval and is deemed to have fulfilled its commitment under the Contract in this way. In cases where the CONSUMER does not give consent, the provisions regarding order cancellation shall apply.
11. This Agreement, which is approved by the BUYER upon receipt and confirmation of preliminary information, is in force until the time the parties fulfil their payment/delivery obligations arising from this Agreement, without prejudice to the relevant provisions.
AGREEMENT ON EVIDENCE AND COMPETENT COURT
1. In the resolution of any dispute that may arise from this Agreement and/or its implementation, the records of the SELLER and the BUYER (including magnetic media records such as computer-audio records) constitute conclusive evidence; Consumer Arbitration Committees within the monetary limits determined by the Ministry of Customs and Trade in December each year, and Consumer Courts and Enforcement Directorates in the settlement of the BUYER and the SELLER in excess cases are authorised.
2. The BUYER declares that he/she has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information form which constitutes an integral part of it, that he/she has been informed in advance 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, that he/she has seen the preliminary information electronically on the INTERNET SITE (the relevant Agreement is also sent to the e-mail address provided by the BUYER) and that he/she has ordered the Product and accepted the provisions of this Agreement by giving confirmation-consent to them electronically.