Distance Sale Agreement
- BLUE RHINO art consultancy,
- Tima Jam (F.Jamali)
- Address: Evliya Çelebi Mah. Sadi Konuralp Cad. No. 5 Nejat Eczacıbaşı Binası, Beyoğlu/ İstanbul /Turkey 34433
- Telephone: +905368832110
- The recipient
- Delivery address
- Email / username
The Parties of this Agreement confirm that they understand and agree to the mutual rights and obligations within this Agreement in accordance with the provisions of the Act on the Protection of the Consumers and the Regulation on Distance Sales Agreements.
By accepting this contract, the BUYER agrees in advance that if the SELLER approves the order, the BUYER has made, then the BUYER will be under obligation to pay the order price and additional charges such as shipping fee, tax, if any.
2.SUBJECT OF AGREEMENT
This Agreement regulates 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
(Distance Contracts Regulation /RG: 27.11.2014 – 29188) on Distance Contracts regarding the sale and delivery of the product, the qualifications of which are specified below, and the sale price of the product that the BUYER has ordered electronically via the SELLER’s website. The prices listed and announced on the site are the sales prices. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
3.CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
3.1. The main features (type, quantity, brand / model, colour, number) of the Goods / Products / Service are published on the website of the SELLER. If a promotion is organized by the SELLER, you can examine the basic features of the product during the promotion. It is valid until the promotion date.
3.2.The prices listed and announced on the site are the sales prices. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
3.3. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
3.4. The sales prices of the goods or services subject to the contract, including all taxes, are shown below.
- Product Description
- Unit Price Sub-total
- (VAT included)
- Shipping Amount
Payment Method and Plan
- Delivery address
- The recipient
- Billing address
- Order date
- Delivery date
- Delivery method
- Name / Surname / Title
- Email / username
- Invoicing address(if different from delivery address):
5.1. The BUYER accepts, declares and undertakes that s/he has read the preliminary information regarding the basic qualities of the product subject to the contract, the sales price and form of payment, and the delivery information on the website of the SELLER, has the necessary confirmation electronically. The BUYER accepts, declares and undertakes to confirm the Preliminary Information electronically, before the establishment of the distance sales contract, to the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price including the taxes, the payment and delivery information correctly and completely.
5.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER, 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.
5.3. The SELLER delivers the product subject to the contract in full, in accordance with the qualifications specified in the order, and if any, the warranty documents, user manuals with the information and documents required by the business, in accordance with the legal regulations, in accordance with the legal regulations, in accordance with the principles of integrity and accepts, declares and undertakes to act, to maintain and raise the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
5.4. The SELLER can supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the contractual performance obligation expires.
5.5. If the SELLER cannot fulfil its contractual obligations in the event that the product or service subject to the order becomes impossible, the seller accepts, declares and undertakes that s/he will notify the consumer in writing within 3 days from the date of his learning, and return the total price to the BUYER within 14 days.
5.6. The BUYER accepts, declares and undertakes that he / she will confirm this Contract electronically for the delivery of the product subject to the Contract, and the SELLER’s obligation to deliver the product subject to the contract will be terminated if the product subject to the contract is not paid and / or cancelled in the bank records for any reason.
5.7. In the event that the price of the contract product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card of the BUYER by the unauthorized persons after the delivery of the contractual product to the person and / or institution at the address indicated by the BUYER, s/he accepts, declares and undertakes that he will return it to the SELLER within 3 days at the shipping expense.
5.8. The SELLER accepts, declares and undertakes that s/he will notify the BUYER if s/he cannot deliver the product subject to the contract within the due time due to force majeure conditions that are beyond the control of the parties, unforeseen and preventing the parties from fulfilling their debts. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with its equivalent, and / or postpone the delivery period until the barrier situation disappears. In case of cancellation of the order 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 advance 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 cancelled by the BUYER. The BUYER may take 2 to 3 weeks to reflect the amount returned to the credit card by the SELLER to the BUYER’s account by bank; since this amount is reflected in the BUYER’s accounts after the return of this amount to the bank, the BUYER may accept, declare and undertake that s/he cannot hold the SELLER responsible.
5.9. Communication, marketing, notification and other means of communication by means of letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the SELLER on the site registration form are updated by him / her. The SELLER has the right to reach the BUYER for other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
5.10. The BUYER will inspect the goods / service subject to the contract before accepting the delivery for dents, broken, torn packaging etc. and will not receive damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of goods / services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
5.11. If the BUYER and the credit card holder used during the order are not the same person or before the product is delivered to the BUYER, if a security deficit related to the credit card used in the order is detected, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the credit card used in the order from the previous month. or the cardholder may request that the bank present a letter indicating that the credit card belongs to him / her. The order will be frozen until the BUYER obtains the information / documents subject to the request, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
5.12. The BUYER declares and undertakes that the personal and other information provided by the SELLER while subscribing to the website is true, and that the SELLER will immediately compensate for any damages due to the fact that this information is contrary to the fact, upon the first notification of the SELLER.
5.13. The BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and criminal liabilities that will arise will bind the BUYER completely and exclusively.
5.14. The BUYER may not use the SELLER’s website in any way to disrupt public order, to violate public morality, to disturb and harass others, to violate the material and moral rights of others. In addition, the member cannot take action to prevent or force others to use the services (spam, virus, trojan horse, etc.).
5.15. Links to other websites and / or other content owned and / or operated by other third parties may be linked via the SELLER’s website. These links have been put in order to provide ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute a guarantee for the information contained in the linked website.
5.16. The member who violates one or more of the articles listed in this contract is criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; Due to this violation, the SELLER reserves the right to request compensation in case the event is brought to the legal field, since the membership agreement against the member is not complied with.
6.RIGHT TO WITHDRAWAL
6.1. BUYER; In case the distance contract is related to the sale of the goods, within 14 (fourteen) days from the date of delivery of the product to itself or the person / organization at the address indicated, it may exercise its right to withdraw from the contract by refusing the goods without undertaking any legal and criminal responsibility and without giving any reason. In distance contracts regarding service delivery, this period starts from the date of signing the contract. The costs arising from the use of the right of withdrawal belong to the BUYER. By accepting this contract, the BUYER agrees in advance that he has been informed of the right to withdraw.
6.2. In order to use the right of withdrawal, it is necessary to make a written notification to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must in accordance with the provisions of the “Products that cannot be used with right of withdrawal”. If this right is exercised,
- a) The invoice of the product delivered to the third party or to the BUYER (if the product to be returned has been sold to a company or corporate entity) must be sent together with the return invoice issued by BUYER or company or corporate entity when returning the item.
- b) Return form,
- c) The products to be returned must be delivered complete and undamaged with the box, packaging, and standard accessories, if any.
- d) The SELLER is obliged to return the total price and the documents within a period of 10 days from the SELLER’s receipt of the returned goods from the BUYER, who must return the goods within 20 days of notifying the SELLER of withdrawal.
- e) If there is a decrease in the value of the goods due to a reason arising from the BUYER’s defect or if the return becomes impossible, the BUYER is liable to compensate the losses of the SELLER. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the right of withdrawal.
- f) If item purchased by the BUYER was on promotion, the SELLER is obliged to refund the item at the same price to the BUYER, regardless as to whether the promotion remains or has ended.
7.DEFAULT CARE AND LEGAL RESULTS
The BUYER accepts, declares and undertakes that s/he will pay interest and be liable to the bank within the framework of the credit card agreement between s/he and the bank, if the payment is made in default when s/he makes the payment by credit card. In this case, the bank may apply to legal means; may claim the costs and attorneys’ fees arising from the BUYER and if the BUYER defaults due to the debt of the BUYER, the BUYER accepts, declares and undertakes that he will pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
When the BUYER makes the payment for the order placed on the Site, s/he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary arrangements, prior to the fulfilment of the order, to obtain confirmation electronically that this contract has been read and accepted by the BUYER on the site.