DISTANCE SALES AGREEMENT
1.SUBJECT
The subject of this Distance Sales Contract ("Contract") constitutes the rights and obligations of the parties where the contract is established between the person who will buy the product ("BUYER") from the website www.ametististanbul.com and the legal owner of the website and responsible of the delivery of the goods, Giz Ametist Istanbul Limited Company ("SELLER / SERVICE PROVIDER") located at Esentepe Mah. Kore Şehitleri Cad. Onurgil İş Merkezi No: 35 İç Kapı No:3, İstanbul in accordance with the Law on the Protection of Consumers ("Law No. 6502") and Distance Contracts Regulation ("Regulation") (Regulation dated 27.11.2014 and numbered 29188). with regard to the distance sales contract ("Contract") .
With this Agreement, if the BUYER approves the order subject to the contract, he accepts in advance that he will be under the obligation to pay the price subject to the order and, if any, additional charges such as shipping fee, tax, and that he is informed about this issue..
2.SELLER INFORMATION
Title : Ametist Istanbul Limited Company
Mersis No: [●]
Address : Esentepe Mah. Kore Şehitleri Cad. Onurgil İş Merkezi No: 35 İç Kapı No:3
Telepone : 0212 351 81 48
Fax : 0212 351 81 49
Email : [email protected]
3.BUYER INFORMATION
Name/Surname/Title : [●]
Address : [●]
Telephone : [●]
Email/User name : [●]
4. SUBJECTS WHICH THE BUYER HAS BEEN INFORMED
The BUYER accepts and undertakes that it is a real or legal person acting for commercial or non-professional purposes in terms of the purchase made within the scope of this Agreement. The BUYER agrees that this Agreement is concluded on the Website by the BUYER on the following issues and that he is informed by seeing and examining the relevant explanations of the Website at every stage of the purchase process.
i. Basic characteristics of the contractual Product,
ii.The title of the seller,
iii. The contact information of the Seller, which allows the Buyer to contact the Seller,
iv. The necessary contact information of the Seller for the Buyer to submit their complaints regarding the Product (s) purchased under this Agreement,
v. The total price of the product, including all taxes,
vi. Information on payment, delivery, performance and related commitments and the Seller's solution methods for complaints,
vii.In cases where there is a right of withdrawal, information about the conditions, period, procedure and the carrier foreseen by the seller for the return of this right,
viii.Open address, fax number or e-mail information to which the withdrawal notification will be made,
ix In cases where the right of withdrawal cannot be exercised, information on the inability of the consumer to benefit from the right of withdrawal or under which conditions the right of withdrawal will be lost,
x. Information that consumers can submit their applications to the Consumer Court or the Consumer Arbitration Committee.
5. CONTRACT SUBJECT PRODUCT, PRICE, DELIVERY INFORMATION
5.1 The basic features (type, quantity, brand / model, color, number) of the Good / Product / Products / Service are available on the website of the SELLER.
5.2 The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
5.3 The selling price of the contracted good or service, including all taxes, is shown in the table below.
[Product quality, price, delivery method, who will be responsible for delivery costs, etc. information must be entered.]
Basic characteristics of the goods or services subject to the contract
Type of product: [●]
Number of Products: [●]
The selling price of the contractual goods or service, including all taxes and expenses:
Total sales price (including taxes): [●]
Payment method of order price: [●]
Delivery Information
Delivery Address: [●]
Invoice Address: [●]
Order Date: [●]
Delivery Method: [●]
Delivery expenses: [●]
To whom the delivery expenses belong: [●]
Packaging, shipping and delivery costs are covered by the CONSUMER. Shipping fee: 10.00 TL, shipping price is added to the total amount of the order. It is not included in the product price. Delivery will be delivered by hand at the above-mentioned address of the CONSUMER, through the contracted cargo company. Even if the CONSUMER is not present at the time of delivery, our company will be deemed to have fulfilled its action completely and accurately. For this reason, the SELLER is not responsible for any damages and expenses caused by the CONSUMER's late delivery and / or non-delivery of the product. The SELLER is responsible for delivering the contractual product in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.
Product Delivery Times
A clear delivery date cannot be shared for shipments made by cargo. Delivery takes place within the estimated time frame shown to you at the order stage.
Invoice information
Name / Surname / Title: [●]
Address: [●]
Phone: [●]
Email / username: [●]
Invoice delivery: The invoice will be delivered to the invoice address together with the order during order delivery.
6. RIGHT OF WITHDRAWAL
6.1 In distant contracts related to the sale of goods, within 14 (fourteen) days from the date of delivery to the product itself or to the person / organization at the address indicated, BUYER can use the right to withdraw from the contract by refusing the goods without any legal or criminal liability and without any justification, provided that the SELLER is notified in writing. In distant contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts that are initiated with the approval of the consumer.
6.2 Expenses arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
6.3 In order to exercise the right of withdrawal within 14 (fourteen) days, written notification must be done by registered mail, fax or e-mail at the above-mentioned address of the SELLER and it must not be used within the framework of the provisions of "Products whose Right of Withdrawal Cannot Be Used" regulated in the article 6.4.. If this right is exercised,
6.3.1.3. The invoice of the product delivered to the person or the BUYER must be delivered back together with (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
6.3.2. Return form, and
6.3.3. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
6.3.4.The SELLER is obliged to return the total amount and the documents that put the BUYER under debt within 14 days from the receipt of the withdrawal notice to the BUYER.
6.3.5. When the BUYER exercises its right of withdrawal, he is obliged to return the goods to the seller within ten days from the date of sending the notification to the SELLER.
6.3.6. If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of fault. However, the BUYER is not responsible for any deterioration caused by the proper use of the product within the period of withdrawal
6.3.7. If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
6.4 Products that the Right of Withdrawal cannot be used are as follows:
6.4.1. Contracts for goods or services whose price varies depending on fluctuations in financial markets and that are not under the control of the seller or supplier.
6.4.2. Contracts for goods prepared in line with the wishes or personal needs of the consumer.
6.4.3. Contracts for the delivery of goods that are perishable or whose expiry date may expire.
6.4.4. Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.
6.4.5. Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.
6.4.6. Contracts regarding books, digital content and computer consumables, data recording and data storage devices provided in the material environment in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
6.4.7. Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
6.4.8 Contracts for the use of leisure time for accommodation, moving furniture, car rental, food and beverage supply, and entertainment or recreation, which should be done on a specific date or period.
6.4.9. Contracts for services performed immediately in the electronic environment or for intangible goods delivered immediately to the consumer.
6.4.10. Contracts for services started with the approval of the consumer before the right of withdrawal expires.
6.4.11. In order to use right of withrawal for cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.), they must be untested, uncorrupted and unused.
Open address, fax number or e-mail information for the withdrawal notification:
Title: Ametist Istanbul Limited Company
Address: Esentepe Mah. Kore Şehitleri Cad. Onurgil İş Merkezi No: 35 İç Kapı No:3
Telephone: 0212 351 81 48
Fax: 0212 351 81 49
E-mail: [email protected]
The carrier for the return:
Carrier:
7.GENERAL PROVISIONS
7.1 The BUYER acknowledges,declares and undertakes that the SELLER has provide the preliminary information about the basic characteristics of the product subject to the contract, the sales price including all taxes and the payment method, the delivery and the right of withdrawal on the website of the SELLER, The BUYER has read and informed, and has given the necessary confirmation and approval for the sale in electronic environment.
7.2 By confirming the preliminary information electronically, BUYER; accepts, declares and undertakes that he has received the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information, accurately and completely before the establishment of the distance sales contract.
7.3 Each product subject to the contract is delivered to the BUYER or person and / or organization at the address indicated by the BUYER within the specified period depending on the distance of the BUYER's settlement, 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.
7.4 BUYER accepts, declares and undertakes that it has confirmed the preliminary information form regarding the product / service prior to this Agreement.
7.5 The SELLER accepts, declares and undertakes that he shall deliver the product subject to the contract in full, in accordance with the qualifications specified in the order and with the warranty documents, user manuals, if any, without any defects, in accordance with the requirements of the legal legislation, in accordance with the standards and the information and documents required by the business within the principles of integrity and honesty and to perform, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight
7.6 The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
7.7 The BUYER is obliged to check the Products as soon as he is received and immediately notify the SELLER of any defects..
7.8 If the products are to be delivered to another person indicated by the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.
7.9 If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, he accepts, declares and undertakes that he will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.
7.10 SELLER makes all repayments to be made in the cases specified in this Contract in accordance with the payment instrument used by the BUYER and without incurring any expense or liability to the BUYER.
7.11 The BUYER accepts, declares and undertakes that the BUYER will confirm this Preliminary Information Form electronically for the delivery of the product subject to the contract, and if the BUYER does not pay the price of the product subject to the contract for any reason and / or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
7.12 The SELLER cannot be held responsible for the delivery of the ordered Product to the BUYER due to all kinds of problems that the shipping company may encounter during the delivery of the Products to the BUYER.
7.13 BUYER, accepts, declares and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the credit card belonging to the BUYER after the delivery of the product subject to the contract to the BUYER or the person and / or organization at the address indicated by the BUYER, he will return the product to the SELLER within 3 days, by paying shipping costs.
7.14 If the BUYER requests the goods to be sent with a carrier other than the carrier determined by the SELLER, the SELLER is not responsible for the loss and damage that may occur after the delivery of the goods by the relevant carrier.
7.15 The BUYER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification of the SELLER.
7.16 BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
7.17 The BUYER may not use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, he cannot be involved in activities (spam, virus, trojan, etc.) that prevent or make it difficult for other members to use the services.
7.18 The SELLER accepts, declares and undertakes that he will notify the BUYER of the situation if he cannot deliver the product subject to the contract within due time due to force majeure situations such as the occurrence of unforeseen and unpredictable situations that prevent the parties from fulfilling their debts.The BUYER is also entitled to demand from the SELLER to cancel the order, replace the product subject to the contract with a precedent, and / or postpone the delivery period until the obstacle is eliminated. In case the order is canceled by the BUYER, in the payments made by the BUYER in cash, the amount of the product is paid to him in cash and in lump sum 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. Since the reflection of this amount on the accounts of the BUYER after the return of this amount to the bank is entirely related to the bank transaction process, the BUYER accepts, declares and undertakes that he cannot hold the SELLER responsible for possible delays.
8.DISPUTES
In the resolution of any dispute that may arise between the BUYER and the SELLER, the Seller records (including the records in magnetic media such as computer-audio recordings) constitute definitive evidence. In disputes arising from the implementation and interpretation of the Distance Sales Contract, the parties have accepted that the Consumer Arbitration Committees in the place where the Buyer's and Seller's residence is located will be authorized within the monetary limits determined each year within the framework of the legislation, and the Consumer Courts will be authorized in cases that exceed the monetary limits.
Dispute Amount information for the Application to the Consumer Arbitration Committees for 2020;
I. District Consumer Arbitration Committees are in charge in disputes under 6.920 (six thousand nine hundred and twenty) Turkish Liras,
ii. Provincial Consumer Arbitration Committees are authorized in disputes between 6.920 (six thousand nine hundred and twenty) Turkish Liras and 10.390 (ten thousand three hundred ninety) Turkish Liras in provinces with metropolitan status,
iii. Provincial Consumer Arbitration Committees are in charge in disputes under 10.390 (ten thousand three hundred and ninety) Turkish Lira in the centers of provinces that are not in metropolitan status,
iv. Provincial Consumer Arbitration Committees are in charge in the disputes between 6.920 (six thousand nine hundred and twenty) Turkish Liras and 10.390 (ten thousand three hundred ninety) Turkish Liras in the districts of the provinces that do not have metropolitan status.
For disputes over these values, applications cannot be made to the Consumer Arbitration Committees.
9. ENFORCEMENT
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. All articles of this Agreement have been read and accepted by the Seller and the Buyer, and the Agreement enters into force on the date it is electronically approved by the BUYER.
SELLER:
BUYER:
DATE:
Your order will be delivered to cargo within 3 business days. In case of prolongation, information is provided via e-mail. When your package is delivered to cargo, you will be informed by e-mail.
ANNEX 1:
RIGHT OF WITHDRAWAL FORM
(This form will be filled and sent only when the right to withdraw from the contract is requested.)
To the Ametist Istanbul Limited Company operating under the trade name Ametist Istanbul and located at Esentepe Mah. Kore Şehitleri Cad. Onurgil İş Merkezi No: 35 İç Kapı No:3,([email protected])
- With this form, I declare that I have used the right to withdraw from the contract for the sale of the following goods.
-Order date:
- Delivery date:
- Goods subject to the right of withdrawal:
The cost of the goods subject to the right of withdrawal:
Consumer's name and surname:
Consumer's address:
-Signature of the consumer: (Only if sent on paper)
-Date: