Homepage / Distant Sales Contract

DISTANT SALES CONTRACT

1. THE PARTIES

This Contract, hereby, has been signed by and between ………………………………. (hereinafter will be referred to as the “BUYER”) resident at the address of ………………………………………………………………. and Şafak Tekstil San. Ve Tic. İth. Ve İhr. Ltd. Şti.(hereinafter will be referred to as the “SELLER”) resident at the address of  Selahaddin Eyyubi Mah. Piri Reis Cad. No:10 Kat:1 Kıraç ESENYURT / İSTANBUL within the frame of the provision and conditions specified below. 
 


2. DEFINITIONS

For the performance and interpretation of this Contract, the terms written below shall mean the descriptions written across them.

 

MINISTER

:

 The Minister of Customs and Trade,

MINISTRY

:

 The Ministry of Customs and Trade,

LAW

:

 The Law on Consumer Protection,

REGULATIONS

:

 Regulations Concerning the Distant Contracts,

SERVICE

:

 The subject of all sorts of consumer transaction performed or committed to be performed in exchange of a fee or advantage except of good procurement,

 

SELLER

:

Şafak Tekstil San. Ve Tic. İth. Ve İhr. Ltd. Şti.

BUYER

:

 Natural and legal persons acquired, used or benefited from a good or service for non-commercial or non-occupational purposes,

SITE

:

The internet site named as shop.ruckmaul.it belonging to the SELLER,

CUSTOMER

:

The natural or legal person demanding a good or service over the internet site named as ruckmaul.com belonging to the SELLER,

PARTIES

:

The SELLER and the BUYER,

CONTRACT

:

This Contract, hereby, entered into bey and between the SELLER and the BUYER,

GOODS

:

Movable assets subject to shopping, residence or immovable goods for holiday purposes as well as the software, sound, image and similar all sorts of intangible assets to be used electronically.


 

 

 

 

 

3. SUBJECT

 

The subject of this Sales Contract Pre-Information Form is to be determined of the rights and liabilities of the Parties in accordance with the provisions of the Law on Consumer Protection No. 6502 / Regulations Concerning Distant Contracts dated on 27.11.2014 related with the sales and delivery of product(s) of which specifications and sales price is specified below and ordered electronically by the BUYER to the SELLER over the internet site belonging to the SELLER.

 

The prices listed and announced on the site are the sales price. The announced prices and commitments are valid until any update is made and changed. The prices that are announced for a limited period of time are valid until the end of the specified period of time.

 

By accepting this pre-information form, hereby, the BUYER accepts in advance that it has entered an obligation of paying the amount subject to contract and if any, extra fees such as cargo fees and tax and it has already been informed on this subject in case it confirms the order subject to agreement.

 

4. SELLER’S INFORMATION

 

Title

:

Şafak Tekstil San. Ve Tic. İth. Ve İhr. Ltd. Şti.

Address

:

Selahaddin Eyyubi Mah. Piri Reis Cad. No:10 Kat:1 Kıraç ESENYURT / İSTANBUL

Telephone

:

+90 212 689 77 90

 

 

 

E-mail Address

:

support@ruckmaul.it

 

5. BUYER’S INFORMATION 

 

Person to be Delivered

:

 

Delivery Address

:

 

Telephone

:

 

Fax

:

 

E-mail/Username

:

 

 

6. CUSTOMER’S INFORMATION (Hereinafter will be referred to as the CUSTOMER)

 

Name/Surname/Title

:

 

Address

:

 

Telephone

:

 

Fax

:

 

E-mail/Username

:

 


 

 

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO CONTRACT

 

7.1. Basic features (type, amount, brand/model, color and piece) of the Good / Product(s) / Service are available on the internet site belonging to the SELLER. You can analyze the basic features of a good during the period of sales. It is valid till the expiry date of the campaign.

7.2. The prices listed and announced on the site are the sales price. The announced prices and commitments are valid until any update is made and changed. The prices that are announced for a limited period of time are valid until the end of the specified period of time.

7.3. The sales price of the good or service subject to contract including all taxes is shown in the table below.

 

Product Description

Piece

Cash Price

Subtotal
(Including VAT)

 

 

 

 

Cargo Amount

-

 

 

Total:

 


 

Payment Form and Plan

:

 

 

Delivery Address

:

 

 

Person to be Delivered

:

 

 

Invoice Address

:

 

 

Date of Order

:

 

 

Delivery Date

:

 

 

Delivery Form

:

Home Delivery

 


 

7.4. The shipments of product shall begin within 1 week after the expiry of campaign. Cargo fee for transport and delivery as the shipment expense of product shall be paid by the SELLER.


 

8. GENERAL PROVISIONS

 

8.1. The BUYER agrees, declares and undertakes that it has read and been informed of the preliminary information concerning basic features, sales price, payment terms and delivery of the product subject to contract on the internet site of ruckmaul.com and it has given the required confirmation electronically. The BUYER’s electronic confirmation to the pre-information form means that before being drawn up of a distant sales contract, the BUYER completely and accurately agrees, declares and undertakes the address, basic features belonging to the ordered products, the price of products including taxes, payment and delivery terms that must be provided by the SELLER to the BUYER.

 

8.2. Each product subject to contract is delivered to the BUYER or the person and/or corporation available at the address indicated by the BUYER within the period of time specified in the preliminary information section of the internet site depending on the distances of the resident address of the BUYER provided not to exceed the legal period of 30 days. The consumer may terminate the contract in the event the seller cannot perform its deed within such period of time.

 

8.3. SELLER accepts, agrees and undertakes to deliver the product subject to contract completely and, if any, together with its guarantee certificates and user guides in conformity with the qualifications specified in the order; to perform the business within the principles of trueness and righteousness through the information and documents required by the by the business in accordance with the standards; to preserve and improve the service quality, to show the due diligence during the performance of the business, to act with caution and vision.

 

8.4. SELLER may supply a different product in equal quality and price thereby informing the BUYER and getting its approval before the expiry date of the liability of performance resulting from the contract.

 

8.5. If the SELLER could not perform its liabilities subject to contract in the event the performance of product or service subject to order becomes impossible, it accepts, agrees and undertakes that it shall notify such situation to the BUYER before the expiry date of the liability of performance resulting from the contract and it shall return the total value to the BUYER within a period of 10 days.

 

8.6. The BUYER accepts, agrees and undertakes that it shall electronically confirm this Pre-Information Form, hereby, for the delivery of the product subject to the contract; in case not to be paid and/or cancelled in the bank records of the product value subject to contract for any reason whatsoever, the liability of the SELLER for delivering the product subject to contract will expire.

 

8.7. In case the amount of product subject to contract is not paid to the SELLER by the relevant Bank or finance institution as a result of being used of the credit card belonging to the BUYER unrightly by the unauthorized persons after the product subject to contract is delivered to the BUYER or the person and/or the corporations at the address indicated by the BUYER, the BUYER accepts, agrees and undertakes to return the product subject to contract to the SELLER within 3 days as the shipment cost will be borne by the SELLER.

 

8.8. The SELLER accepts, agrees and undertakes to notify the situation to the BUYER in the event it could not deliver the product subject to contract within its period of time because of the force majeure that have revealed beyond the will of of the Parties, could not be anticipated beforehand and the formation of situations such as preventing and/or retarding the payment of the Parties’ debts. Also, the BUYER has the right of demanding from the SELLER to be cancelled of the order, to be changed of the product subject to contract, if available, with its precedent and/or to be postponed of the delivery period until the disappearance of the preventing situation. In case the order is cancelled by the BUYER, the value of product shall be fully paid in cash to it within 10 days for the payments made by the BUYER in cash. For the payments made by the BUYER via credit card, the value of product shall be returned to the relevant bank within 7 days after the cancellation of the order by the BUYER. The BUYER accepts, agrees and undertakes that the average period concerning being reflected of the amount returned to its credit card by the SELLER to the account of BUYER may last 2-3 weeks, it shall not hold the SELLER responsible for the possible delays as the reflection event to the BUYERS’ accounts after the return to the bank is completely related with the bank’s transaction process.

 

8.9. The SELLER has the right of access to the BUYER for the purposes of communication, marketing, notificatio9n and other purposes by means of mail, e-mail, SMS, phone call and mobile telephone lines and other contact details specified in the register form of the site or updated by the BUYER later on. The BUYER accepts and declares that the SELLER is able to perform the communication activities of the SELLER specified above by accepting this contract.

 

8.10. The Buyer shall examine the goods/services subject to contract before delivery; shall not take delivery of crushed, deformed packing etc. damaged and defective goods/services from the cargo company. The goods/services that have been accepted are deemed as undamaged and robust. The Buyer is obliged to maintain the goods/services meticulously after delivery. If the right of withdrawal will be used, then the good/service must not be used. The invoice must also be returned together with the product.

 

8.11. In case the owner of the credit card used during ordering is not the same person with the BUYER or a security flaw is detected concerning the credit card used in ordering before the delivery of the product to the BUYER, the SELLER may request from the BUYER to submit the identity and contact details with respect to the owner of credit card, an abstract of the credit card used for shopping belonging to the previous month or a writing from the bank of the credit card’s owner concerning that the said card belongs to it. During the period of time that will elapse for being assured of the information/documents subject to request by the BUYER, the order shall be frozen and the SELLER has the right of cancelling the order in the event the aforementioned requests could not be met within 24 hours.

 

8.12. The BUYER declares and undertakes to the SELLER that the personal and other information provided during the membership process to the internet site belonging to the SELLER are true and complete, it shall immediately and fully pay in cash all losses that the SELLER may suffer owing to the misrepresentation of such information upon the first notification of the SELLER.

 

8.13. The BUYER initially accepts and undertakes to comply with the legal legislation provisions and not to violate such provisions during the use of the internet site. Otherwise, all legal and criminal liabilities to be arisen shall completely and exclusively bind the BUYER.

 

8.14. The BUYER shall, in no circumstances, use the internet site belonging to the SELLER in such a manner that disturbance of the public peace, disorderly, distracting and harassing others, for some purposes contrary to the laws, raping the others’ material and nonmaterial rights. In addition, a member cannot perform any activity (spam, virus, Trojan horse, etc.) and operations preventing and obstructing the transactions of other members.

 

 

 

8.15. Any link to other websites and/or other contents that are beyond the own control of the SELLER and/or owned and/or operated by the other third parties over the internet site of the SELLER may be given. Such links are given for the purposes of providing convenience of orientation to the BUYER, they are not supporting any website or the person operating that website and do not have the quality of any guarantee for the information contained within that website linked.

 

8.16. The member, who violates one or several of articles counted within this membership contract, is legally and criminally responsible in person owing to such violation(s) , it shall make the SELLER free of the legal and criminal conclusions of such violation(s). In addition, in case the event is submitted to the court because of this violation, hereby, the SELLER’s right to demand compensation against member because of disobedience to the membership contract is reserved.

 

9. INVOICE INFORMATION

 

Name/Surname/title

:

 

Address

:

 

Telephone

:

 

Fax

:

-

E-mail/Username

:

 

Invoice Delivery

:

Invoice shall be delivered to the delivery address together with the order during the delivery of order.


10. RIGHT of WITHDRAWAL

 

10.1. The BUYER may use its right withdrawal from the contract by refusing the good without showing any reason and undertaking any legal and criminal liability within 15 (fifteen) days as the principle of company, even though this period is legally 14 (fourteen) days, as of the delivery date of product to it or the person/corporation at the address indicated by it for the distant contracts concerning the sales of goods. For the distant contracts concerning the service delivery, this period starts from the signing date of the contract. The notification as regards that the Buyer’s right of withdrawal has been used is required to be directed to the SELLER within such period of time. The BUYER is informed of by the seller or supplier explicitly and apprehensibly on the matters of which details are determined in the regulations and respecting that it shall enter into payment obligation if its order is approved before accepting the distant contract or any offer corresponding this and the BUYER accepts in advance that it has been informed of. The right of withdrawal could not be used in the service contracts which have been commenced to the performance of service upon the approval of the consumer before the expiry of the period of withdrawal right. Expenses resulting from the use of withdrawal right will belong to the SELLER.

 

10.2. For being used of the right of withdrawal, a written notification via e-mail or registered mail, fax must be made to the address and e-mail address on this pre-information form of the SELLER within a period of 15 (fifteen) days and the product must have been used within the frame of the provisions of “Products for which the right of withdrawal cannot be applied” issued under the title of the 9th article. In case such a right has been used;

 

a) The invoice of the product delivered to the BUYER or the 3rd person, (If the invoice of the product to be returned is corporate, then it is required to be returned with the return invoice issued by that corporation during returning period. The returns of order of which invoices have been issued on behalf of corporations, cannot be completed unless the RETURN INVIOCE is issued.)

b) Return form,

c) The products to be returned must be delivered together with their boxes, packaging, if any, standard accessories as complete and undamaged.

d) The SELLER is obliged to return to the BUYER the documents binding the BUYER and total value within a period of at the latest 10 days as of the notification of withdrawals has delivered to it and to accept return of the good within a period of 20 days.

e) If any decline happens at the value of the good owing to any reason resulting from the fault of the BUYER or the return process becomes impossible, the BUYER is obliged to compensate the losses of the SELLER in proportion of the BUYER’s fault.

f) In case the BUYER declines under the campaign limit amount organized by the SELLER because of using the right of withdrawal, the amount of discount benefited within the scope of campaign is cancelled.

 

 

11. THE PRODUCT FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE APPLIED

 

The return of underwear lower parts, swimsuit and briefs, make-up materials, disposable products, the goods that are under the threat of perishability or the expiration, which have been prepared according to the requests and explicitly its personal requirements and are not convenient to be returned, as well as in case the packaging of sound or image records, software programs and computer consumables has been opened by the BUYER, is not possible in accordance with the Regulations in force. Cosmetic and personal care products, underwear products, swimsuit, bikini, book, duplicable software and programs, DVD, VCD, CD and tapes as well as stationery consumables (toner, cartridge, stripe etc.) may be returned if they are unpacked, untested, untainted and unused.

 

 

12. EVENT of DEFAULT and ITS LEGAL CONSEQUENCES

 

In case the BUYER fails to meet financial obligations in transactions made via credit card, the owner of card accepts, declares and undertakes that it shall pay interest within the frame of the credit card agreement entered into by and between it and the bank and it shall be responsible to the Bank. In this case, the relevant bank may apply to the legal ways; may request the expenses and counsel’s fee to be arisen from the BUYER and under any circumstances, if the BUYER fails to meet financial obligations owing to its debts, the BUYER accepts, declares and undertakes that it shall pay the damage and loss suffered by the SWELLER owing to the delayed performance of the debt.

 

 

13. COMPETENT COURT

 

13.1. The Parties have accepted that the Arbitrator Committee for Consumer Problems and the Consumer Courts at the place, where the BUYER has purchased the good or service or the residence of the BUYER is located, are authorized for the disputes arising of the application of this Pre-Information, hereby, up to the value determined by the Ministry.

 

13.2. The Seller may make its applications concerning its complaint and objections up to the monetary limits determined by the Ministry to the Arbitrator Committee for Consumer Problems and the Consumer Courts at the place, where the SELLER has purchased the good or service or the residence of the SELLER is located. The information concerning to the monetary limit is as below:


To be valid as of the date of 28/05/2014:

Application to the County Consumer Arbitration Committees for the disputes of which value is under 2.200,00 TL(Two Thousand Two Hundred Turkish Liras), application to the Provincial Consumer Arbitration Committees for the disputes of which value is under 3.300,00 TL (Three Thousand Three Hundred Turkish Liras); in the cities that have the statue of metropolis, the application to the Provincial Consumer Arbitration Committees for the disputes of which value is between 2.200,00 TL- 3.300,00 TL (Two Thousand Two Hundred Turkish Liras and Three Thousand Three Hundred Turkish Liras) is a must. For the disputes over these values, application to the Consumer Arbitration Committees cannot be made.


This Contract, hereby, is entered into for the commercial purposes.

 

 

14. ENFORCEMENT

 

In the event the payment belonging to the order placed over the site is realized, the BUYER is deemed to have accepted all conditions of this Contract. The SELLER is obliged to make the required software arrangements that will provide not to be placed of an order without getting the approval concerning that the aforementioned Contract has been read and accepted by the BUYER over the internet site.

 

The Parties have accepted, declared and undertaken this agreement consisting of 14 articles.

 

SELLER

:

Şafak Tekstil San. Ve Tic. İth. Ve İhr. Ltd. Şti.

BUYER

:

 

DATE

: