DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.2. DINOFOR :
- Title : Nesip Özer
- Address : BARBAROS MAH. BEGONYA SK. NIDAKULE ATASEHIR BATI NO: 1 IÇ KAPI NO: 2 ATASEHIR/ ISTANBUL
- E Mail : email@example.com
1.3. BUYER: Refers to the user who purchases the goods and/or services offered by DINOFOR using the Services provided on the Website.
- Name Surname / Title :
- Address :
- Telephone :
- E Mail :
1.4. SITE: Refers to the Website with the domain name www.dinofor.com.
1.5. PRODUCT: refers to any goods and/or services offered for sale on the SITE by DİNOFOR.
ARTICLE 2 – SUBJECT
The subject of this agreement, is the determination of the rights and obligations of the parties in accordance with the provisions of the Distance Agreements Regulation and Protection of Consumers Law No. 6502 regarding sales and delivery of the PRODUCT which has the below specified qualifications and sales price and is ordered in the electronic environment by BUYER through SITE belonging DINOFOR.
ARTICLE 3 – AGREEMENT SUBJECT PRODUCT
3.1. Type and kind, Quantity, Model, Color, Sale Price Including Taxes (as x piece unit price) of PRODUCTs are as follows: PRODUCT Name Piece Sale Price (VAT Included) ……..…………..
3.2. Payment Method: Advance / installment transaction with Credit Card;
The information regarding the number of installments to be used when paying the total order to be delivered to your bank can be found in above section. Your bank may increase the number of installments by using some campaigns, and may offer services like postponing the payment. Such campaigns are at the discretion of your bank and, if DINOFOR is informed, information regarding such campaigns is provided on our pages. Starting from the statement date, the order value will be divided to the number of installments and the corresponding value will be reflected to your credit card statement. The Bank may not divide the installment values equally to the months, taking fractions into account. The bank is responsible for creating the detailed payment plan.
3.3. On the other hand, BUYER accepts, declares and undertakes that will confirm the relevant interest rates and the information regarding the default interest separately from the bank since the installment sales are made only with credit cards belonging to the Banks and that interest and default interest will be applied within the scope of related provisions of credit card contract between the Bank and BUYER in accordance with provisions of affective regulation.
RETURN TO CREDIT CARD PROCEDURE
In cases where the BUYER uses the right of withdrawal or PRODUCT subject to the order cannot be supplied due to various reasons, or if the decision of the arbitral tribunal is decided to refund the price to the consumer, the shopping is done with credit card and installments, the credit card return procedure is stated below: The Bank pays back the amount to the BUYER in the number of installments that the BUYER purchased the PRODUCT. DINOFOR after paying the entire product amount to the bank at one time, in the case that the installment expenditures of the bank poses are returned to the credit card of BUYER, the refund amounts requested to prevent the victimization of parties involved in the matter are transferred to the bearer account in installments by Bank. If the date of return of the card does not coincide with the account statement dates, BUYER‘s installment amounts paid until the cancellation, will be reflected in each month and BUYER will receive the installments paid before the return in the number of installments paid before the return once the installments of the sales are terminated and it will be deducted from the current debt. DINOFOR cannot make cash payment to the BUYER in cases where PRODUCT returned is purchased by card, in accordance with the agreement with the bank. In the event of a return, the merchant i.e. DINOFOR will make the return via relevant software, since the merchant i.e. DINOFOR is obliged to pay related amount to the bank in cash or in account, BUYER cannot be paid in cash in accordance with the procedure explained above. Credit card refund will be made by the bank in accordance with the above procedure after DINOFOR pays the fee to the bank in one time. BUYER accepts and undertakes that he has read and accepted this procedure.
3.4. Type and Address of Delivery:
Users select the home delivery option. The following conditions apply for the home delivery option.
Delivery Address: ……..
Person To Be Delivered: ……..
Invoice Address: ……..
Delivery will be delivered by hand via the shipping company at the BUYER‘s address mentioned above. DINOFOR shall be considered to have fulfilled the full and complete performance even if the BUYER is not at the address in the moment of delivery. Therefore, any loss arising from the late receive of the PRODUCT by the BUYER and any expenses incurred due to the fact that PRODUCT has waited in the cargo company and/or the return of the cargo to DINOFOR belong to BUYER.
Shipping Cost Domestic orders are TRY 14 and is included in the PRODUCT whose total order amount is less than TRY 150 and is paid by BUYER. For shopping over TRY 150, shipping cost is included in the price of the PRODUCT.
Shipping Cost International orders are TRY 90 and is included in the PRODUCT whose total order amount is less than TRY 500 and is paid by BUYER. For shopping over TRY 500, shipping cost is included in the price of the PRODUCT.
ARTICLE 4 – GENERAL PROVISIONS
4.1. BUYER declares that he/she has the knowledge of basic characteristics, sales price and payment method of PRODUCT subject to the agreement and that he/she has read the preliminary information about delivery on the SITE and that the necessary confirmation is given in electronic form.
4.2. Subject of the contract PRODUCT, is delivered to the BUYER or to the person/organization at the address indicated within the period specified in the preliminary information on the SITE depending on the distance of the residency of the BUYER provided that for each PRODUCT it does not exceed the legal 30-day period. (The delivery time of the custom made PRODUCTs may exceed 30 days. You will be informed by reading the DESCRIPTION at the bottom of the PRODUCT for the delivery of custom made PRODUCTs.)
4.3. If the subject of the contract PRODUCT is to be delivered to another person/organization other than BUYER, DINOFOR cannot be held responsible for the person/organization that does not accept delivery.
4.4. DINOFOR, is responsible for the delivery of an undamaged, complete, in accordance with the specifications specified in the order and with warranty documents and manuals, if any of the subject of contract PRODUCT.
4.5. For the delivery of PRODUCT subject to the contract, the signed copy of this contract must be delivered to DINOFOR and the price must be paid in the form of payment preferred by BUYER. If for any reason the value of PRODUCT is not paid or canceled in the bank records, DINOFOR shall be deemed free of the obligation of delivery of PRODUCT.
4.6. If the bank or related financial institution does not pay the value of the PRODUCT to DİNOFOR due to the wrongful or unlawful use of BUYER‘s credit card by unauthorized persons without any defects of the BUYER after the delivery of the PRODUCT, provided that the PRODUCT is delivered to the BUYER him/herself, it is obligatory to the deliver the PRODUCT to DINOFOR within 3 days. In this case, the delivery costs belong to the BUYER. Custom made PRODUCTs cannot be returned.
4.7. Defective PRODUCTs (torn, ripped, stained, discolored, etc.) can be sent to DINOFOR for the necessary repair, maintenance and modification within the warranty conditions, in which case the cargo expenses will be covered by DINOFOR.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal by refusing the PRODUCT subject to the contract within 14 days after the delivery of the PRODUCT to him/her or to the person/organization at the address indicated. The amount of the PRODUCT is returned to the BUYER within 10 days once the withdrawal notification is received by DINOFOR. (see Article 9/2 of Distance Agreements Regulation) Shipping cost of the PRODUCT which is returned due to withdrawal right belongs to DINOFOR. DINOFOR undertakes that the BUYER has the right to withdraw from the contract without any legal and criminal responsibility and without giving any reason within seven days from the date of delivery of the PRODUCT or signing of the contract and that it will to take back all parts and packaging as whole within the notice of withdrawal is received by DINOFOR or supplier. Right of withdrawal will be confirmed by DINOFOR after the control of the PRODUCT at the time of delivery. In invoices containing more than one PRODUCT; if the total amount and/or number of the PRODUCTs provide a payment, shipping and / or price advantage, all PRODUCTs on the invoice must be returned in order to avoid any dispute over the refund PRODUCT amount. In accordance with the general communiqué of tax procedural law no. 395, the relevant sections must be filled out in the form you can download from the SITE and returned to us with PRODUCT after signing.
ARTICLE 6 – PRODUCTS WITHOUT THE RIGHT TO WITHDRAWAL
The right of withdrawal cannot be used for PRODUCTs which cannot be returned in terms of quality and PRODUCTs which are custom made (size, color, material changes and custom made letter, name or written PRODUCT‘s etc.). The use of the right of withdrawal in the following PRODUCTS is conditional on the unopened, undamaged and unused situation of the PRODUCT.
ARTICLE 7 – DEFAULT PROVISIONS
In the event that the parties fail to fulfill their obligations under this agreement, the provisions of the Borrower’s Default Article 123-125 of the Turkish Code of Obligations shall applied. In the event of default, if the other party fails to fulfill its actions without justified reason within the term, the other party shall give a 7-day period to fulfill the action to the party that has not fulfilled its performance. In the event that it is not fulfilled during this period either, the party not fulfilling its performance shall be deemed to be credible and the creditor shall have the right to demand the delivery of the PRODUCT’ and/or the termination of the contract and the refund of the price. If DINOFOR cannot deliver the subject of contract PRODUCT the within the period due to force majeure that may prevent the fulfillment of this obligation, or extraordinary events such as air opposition that prevents transportation, interruption of transportation, fire, earthquake, floods, in such cases, BUYER will understand that DINOFOR has no responsibility and can cancel the order or postpone the delivery time until the blocking condition is eliminated. If the BUYER cancels the order, the amount paid shall be paid to him/her within 10 days. (For the installments made by credit card, the above procedure is accepted by BUYER)
ARTICLE 8 – AUTHORIZED COURT
BUYER may process the applications for complaints and objections within the monetary limits determined by the Ministry in December each year to the arbitration committee or consumer court located where the BUYER‘s residency is. If the order is realized, BUYER is deemed to have accepted all the terms of this agreement.
DINOFOR : …….
BUYER : …….
DATE : …….