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This Agreement has been signed between the following parties under the terms and conditions set forth below.
Oya Silver
Address:
onlineoyasilver@gmail.com-05308409714
'BUYER'; (hereinafter referred to as "BUYER" in the contract)
'SELLER'; (hereinafter referred to as "SELLER" in the contract)
This Distance Selling Agreement ("Agreement") has been drawn up in accordance with the Law on Consumer Protection and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts under this Agreement.
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts, in relation to the sale and delivery of goods/services with the qualities specified in the contract in which the Buyer places an electronic order for the purchase of the products of the Seller via www.oyasilver.com or other domain names related to the service provided ("Website").
The execution of this contract will not prevent the performance of the provisions of the website membership contracts that the parties have separately executed with Oya Silver, and the parties accept and declare that Oya Silver is not a party to the product sales subject to this Contract in any way and has no responsibility or commitment regarding the fulfillment of the parties' obligations under the Contract.
The type and kind of product/products, quantity, brand/model, color, sales price including taxes and delivery information are as follows:
Payment Method and Plan: .... month .... (in writing .................................................) TL monthly payment / cash ........... TL payment via online virtual POS application with ..........Bank credit card
Maturity difference received: .......
Interest rate used in the Maturity Difference calculation: % ...
Shipments will begin within (1) business day following the order. Shipment will be completed within (2 - 5) business days.
Delivery Address:
Persons to be Delivered:
1.
2.
Billing Address:
The contract enters into force upon approval by the Buyer and is executed upon delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the person/persons at the address specified by the Buyer in the order form and in this contract.
The delivery costs of the Goods/Services are the responsibility of the Buyer. If the Seller has declared on the website that the delivery fee will be covered by the Seller, the delivery costs will be the responsibility of the Seller. The delivery of the Goods shall be made within the promised period after the Seller's stock is available and the payment is made. The Seller shall deliver the Goods/Services within 7 (seven) days from the date the Goods/Services are ordered by the Buyer and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the Goods/Services are not paid by the Buyer for any reason or if the payment made is cancelled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the Goods/Services.
The Buyer declares that he/she has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method and delivery of the contractual product on the Website and has given the necessary confirmation electronically. Buyers can submit their requests and complaints as Consumers through the channels provided by the Seller's contact information above.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that should be given to the consumer by the Seller before the conclusion of distance contracts, correctly and completely.
If the Buyer inspects the Goods/Services subject to the Contract before receiving them and receives damaged, broken, torn packaging, etc. and defective Goods/Services from the cargo company, the responsibility belongs entirely to the Buyer. The Goods/Services received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Services and any damages belong to the Buyer. If the relevant bank or financial institution does not pay the price of the goods/services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for a reason not caused by the Buyer's fault after the delivery of the Goods/Services, the Buyer is obliged to return the Goods/Services to the Seller within 14 (fourteen) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.
The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualities specified in the order and with the warranty documents and user manuals, if any. If the Seller cannot deliver the product subject to the Contract within the specified time due to force majeure or extraordinary circumstances preventing transportation, the Seller is obliged to notify the Buyer of the situation as soon as possible. If the Goods/Services subject to the Contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to whom the delivery is made to accept the delivery.
The Seller undertakes that the Buyer has the right to withdraw from the contract by rejecting the goods or services within 7 (seven) days from the date of receipt or signing of the contract without assuming any legal or criminal liability and without giving any justification, and that the Seller will take back the goods as of the date the notice of withdrawal reaches the Seller. The notice of the right of withdrawal and other notifications regarding the contract can be sent through the seller's contact information channel specified above.
In order to exercise the right of withdrawal, the Seller must be notified within this period in accordance with the provisions of the legislation. In case of exercising the right of withdrawal:
In purchases made through the website, our customers have the right of withdrawal within 7 days in accordance with the distance sales contract. Products made with special orders or changed (products whose dimensions are changed according to our customer's request, products with special writings written on them) will not be accepted for return. The product to be returned must be completely undamaged and unused. Products that have been scratched, damaged or physically changed in any way or have deteriorated in their structure and texture will definitely not be accepted for return. If no damage or deterioration is detected after the product is examined by our experts, the return process will be initiated. For return and exchange processes, the order number and the reason for the return/exchange request must be sent to the onlineoyasilver@gmail.com e-mail address or the information form from the Customer Services button. If the return and exchange conditions are met, the processes to be carried out are only carried out by the internet store for products purchased from the online store (website). The packaging, certificate, label and invoice of the product to be returned, and any promotions, if any, must be sent together with the product.
The right of withdrawal cannot be exercised in the following cases:
If consumers have problems with the Seller and the Seller cannot resolve the problem, they can apply to the Consumer Problems Arbitration Board in the place where they purchased the product or where they reside for complaints and objections regarding transactions with a product price up to 1,161.67 TL; and to the Consumer Court in the place where they purchased the product or where they reside for complaints and objections regarding transactions with a product price over 1,161.67 TL.
In the third paragraph of Article 5 of the Regulation on Arbitration Committees for Consumer Problems, published in the Official Gazette dated 01.08.2003 and numbered 25186, the lower monetary limit for the provincial arbitration committees operating in provinces with metropolitan status to be authorized and tasked with dealing with disputes is 3,032.65 TL.
The cash or forward price of the goods/service, the down payment price is included in the order form, as well as the price included in the sample invoice sent to the customer together with the product and the invoice sent to the customer together with the product. Discounts, coupons and other discounts made by Oya Gümüş are reflected in the sales price.
In case 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 take legal action; may demand the expenses and attorney fees from the Buyer and in any case, in case the Buyer defaults due to his debt, the Buyer agrees to pay the Seller's losses and damages due to the delayed payment of the debt.
All correspondence between the Parties under this Agreement shall be made via e-mail, except for the mandatory cases listed in the Law. The Buyer accepts, declares and undertakes that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and Oya Gümüş, the electronic information and computer records kept in their databases and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
This Agreement, consisting of (14) articles, has been concluded by being read by the Parties and approved electronically by the Buyer, and has entered into force immediately.