SALES CONTRACT
DISTANT SALES CONTRACT
1- PARTIES OF THE CONTRACT
INFORMATION ABOUT THE SELLER
Trade Name : Adnet Internet and Communications Services Trade. Co. Ltd.
Address : Yeni Mah. Sakarya Cad. No: 325 Erenler/ SAKARYA
Web Address : www.myfi.com.tr
E-mail Address : myfi@myfi.com.tr
Telephone : +90 (850) 500 0 850
INFORMATION ABOUT THE BUYER
Name - Surname / Title : .............
Delivery Address : .............
Telephone : .............
E-mail : .............
2- SUBJECT
The subject of this Preliminary Information Form is the determination of 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 on Distance Contracts published in the Official Gazette dated 6 March 2011 and numbered 27866 regarding the sale and delivery of the product or products specified below.
3- FEATURES OF GOODS / SERVICE
Name of the Product : .............
Brand of the Product : ..............
Amount / Quantity of the Product : .............
Price of the Product : .............
Tax of the Product : .............
Features of the Product : .............
Description Quantity VAT Included Total Discount Amount Total Amount
............. XX XXX TL XXX TL XXX TL XXX TL
Order Transaction and delivery fees XXX TL
Payment Method .............
Total (including VAT) XXX TL
4- DELIVERY PRICE OF GOODS AND SERVICES INCLUDING ALL TAXES
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal without having to show any reason within 14 days from the delivery of the product subject to the Contract to him or the person / institution at the address indicated. In order to exercise the right of withdrawal, it is necessary to notify the SELLER by fax, telephone or electronic mail within a period of 14 days and the packaging and contents of the product must not be damaged during the trial and the product must be available for resale by the SELLER within the framework of the provisions of Article 6 and in accordance with the preliminary information published on the website www.durunet.com.tr, which is an integral part of this Contract. In case this right is used,
a) The invoice of the product delivered to the 3. person or the BUYER, (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 invoice is issued on behalf of the institutions will not be completed if the RETURN INVOICE is not issued)
b) Return form,
c) The product price is returned to the BUYER within 10 days following the receipt of these documents by the SELLER and the product is returned within 20 days. The products to be returned must be delivered complete and undamaged together with the box, packaging, standard accessories, if any.
The cargo cost of the product returned for any reason within the period shall be covered by the SELLER.
When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned, and if the invoice is not sent to the SELLER with the product, VAT and other legal obligations, if any, cannot be returned to the BUYER. On the invoice to be returned with the product, the phrase “'it is a return invoice”' shall be written and signed by the BUYER.
ARTICLE 6 - GENERAL PROVISIONS
6.1. The BUYER declares that he/she has read the preliminary information regarding the basic qualities of the product subject to the Contract on the website www.myfi.com.tr, the sales price including all taxes and the payment method, the delivery and its costs to be borne by the BUYER, the period of delivery, and the full trade name, open address and contact information of the SELLER and that he/she has accurate and complete information and has given the necessary confirmation electronically. The preliminary information form on the payment page on the www.myfi.com.tr Website and the invoice for the sale are integral parts of this Contract.
6.2. This duplicate Contract, which has been previously signed by the SELLER, has been signed and accepted by the BUYER on ............ at .......... and a copy will be sent to the e-mail address of the buyer.
6.3. The product subject to the contract shall be delivered to the BUYER or the person / institution at the address indicated by the BUYER within the period described in the preliminary information on the website, depending on the distance of the BUYER "s settlement for each product, provided that it does not exceed 30 days. The SELLER shall deliver the product within 30 (Thirty) days from the order of the goods / services.
6.4. Any cargo fee for the delivery shown in Article 3 will be paid by the BUYER. If the SELLER has declared on its website that the delivery fee will be covered by those who shop above the announced figure or in some campaigns, the delivery cost is covered by the SELLER. The delivery is made as soon as possible after the stock is available and the cost of the goods is transferred to the SELLER's account.
6.5. If the product subject to the contract will be delivered to a person / institution other than the BUYER, the SELLER cannot be held responsible for the person / institution to be delivered not accepting the delivery.
6.6. The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.
6.7. There is no obligation of the SELLER to deliver large volume items such as white goods, sofas, armchairs, etc. to the address on high floors.
6.8. The SELLER is responsible for the delivery of the product subject to the Contract solid, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
6.9. The SELLER may supply a different product of equal quality and price to the BUYER before the expiry of the performance obligation arising from the Contract, provided that it is based on a justified reason.
6.10. If the SELLER cannot fulfil its obligations under the Contract in case it becomes impossible to fulfil the product or service subject to the order, the SELLER shall notify the consumer of this situation before the expiration of the performance obligation arising from the Contract and may supply the BUYER with a different product of equal quality and price.
6.11. For the delivery of the product subject to the Contract, the signed copy of this Contract must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or is cancelled in the bank records, the SELLER is accepted to be released from the obligation to deliver the product.
6.12. After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorised persons in a way that is not caused by the BUYER's fault, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the transport expenses belong to the BUYER.
6.13. If the SELLER cannot deliver the product subject to the Contract within the period due to force majeure or extraordinary circumstances such as weather opposition, interruption of transportation, etc., the SELLER is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the Contract with a precedent, if any, and / or to postpone the delivery time until the preventive situation disappears. In case the BUYER cancels the order, the amount paid by the BUYER shall be paid to him in cash and at once within 10 days.
For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 10 days after the order is cancelled by the BUYER. The reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process and it is not possible for the SELLER to intervene in any way regarding this issue.
ARTICLE 7-PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Due to its nature; single-use products, copyable software and programmes, products that deteriorate quickly or products that are likely to expire are not accepted for return.
The following products can be returned provided that the packaging of the product is unopened, undisturbed and the product is unused and untested.
– All kinds of software and programmes
– DVD, VCD, CD and cassettes
– Computer and stationery consumables (toner, cartridge, ribbon etc.)
ARTICLE 7 - DEFAULT OF THE DEBTOR
In case of default of the BUYER, the BUYER agrees to pay the loss and damage of the SELLER due to delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any damage and loss claim.
ARTICLE 8 - AUTHORIZED COURT
The Consumer may make applications for complaints and objections, and the Buyer may make all kinds of demands and complaints to the Seller's contact addresses specified in Article 1. Consumers will be able to apply for legal remedies in disputes with the seller regarding the product they have purchased. It is compulsory to apply to district consumer arbitration committees for disputes with a value below two thousand Turkish Liras, to provincial consumer arbitration committees for disputes below three thousand Turkish Liras, and to provincial consumer arbitration committees for disputes between two thousand Turkish Liras and three thousand Turkish Liras in provinces with metropolitan status. No application can be made to consumer arbitration committees for disputes above these values.
ARTICLE 9 - RIGHTS OF THE CONSUMER
Defective Goods
Goods that are contrary to the quality or quantity affecting the quality or quality determined in the packaging, label, introduction and user manual or advertisements and announcements or notified by the seller or in the standard or technical regulation, or that contain material, legal or economic deficiencies that reduce or eliminate their value in terms of allocation or intended use or the benefits that the consumer expects from it, are considered defective goods.
The consumer is responsible for notifying the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to return from the contract including the return of the price, replacement of the goods with a defect-free equivalent or a price reduction in proportion to the defect or free repair. The seller is responsible for fulfilling this demand preferred by the consumer. Along with one of these optional rights, the consumer also has the right to demand compensation from the manufacturer - producer in cases where the defective goods cause death and / or injury and / or cause damage to other goods in use.
The manufacturer- producer, seller, dealer, agency, importer and the creditor according to the fifth paragraph of Article 10 or the ninth paragraph of Article 10/B are jointly and severally liable for the defective goods and the consumer's optional rights under this article. The responsibility of the housing finance institution , the creditor according to the ninth paragraph of Article 10/B, is limited to 1 year from the date of delivery and to the amount of the credit used. Even in case of transfer of the credits granted by the housing finance institutions according to the ninth paragraph of Article 10/B, the creditor, responsibility of the housing finance institution continues. The institution that transfers the credit cannot be responsible within the scope of this article. If more than one person is responsible for the damage caused by defective goods, they shall be severally responsible. Not knowing that the goods sold are defective does not eliminate this responsibility. * *
Unless those who are held responsible for the defect by this article have not assumed responsibility for the defect for a longer period of time, the responsibility for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect occurs later. This period is five years for immovable goods for residential and holiday purposes. Any demands to be made for all kinds of damages caused by defective goods are subject to a three-year statute of limitations. These demands are eliminated after ten years starting from the day the goods causing the damage were put on the market. However, if the defect of the goods sold is hidden from the consumer by the seller's gross negligence or fraud, the statute of limitations cannot be utilised.
Except for the provisions on the responsibility for damages caused by defective goods, the above provisions shall not apply to goods purchased with the knowledge that they are defective.
It is obligatory for the manufacturer or seller to place a label on the defective goods to be offered for sale or on their packaging, in a way that the consumer can easily read, containing the phrase “it is defective”. There is no obligation to place this label in places where only defective goods are sold or where a section such as a floor or aisle is continuously allocated for the sale of defective goods in a way that the consumer may know. The fact that the goods are defective is shown on the invoice, receipt or sales document given to the consumer.
Unsafe goods may not be presented to the market even with a defective label. The provisions of the Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products are applied to these products.
These provisions are also applied in all kinds of consumer transactions related to the sale of goods.
Warranty Certificate
Manufacturers or importers are obliged to issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. It is the responsibility of the seller, dealer or agent to finalise the warranty certificate containing the date and number of the invoice for the goods and give it to the consumer. The warranty period starts from the date of delivery of the goods and is at least two years. However, due to its specialities, the warranty conditions of some goods may be determined by the Ministry with another unit of measurement.
The seller is obliged to repair the goods within the scope of the warranty certificate without any charge under the name of labour cost, replacement part cost or any other name in case of failure of the goods within the warranty period.
If the consumer has used the right to repair, he/she may use his/her optional rights in cases where the inability to use the goods due to frequent malfunctions within the warranty period is continuous or the maximum time required for repair is exceeded or it is understood that repair is not possible. The seller cannot refuse this demand. In case this demand of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-producer and importer are severally responsible.
Failures caused by the consumer's use of the goods contrary to the matters in the user manual are excluded from the provisions of paragraphs two and three.
The Ministry is in charge of determining and announcing which industrial goods must be sold with a warranty certificate and the maximum periods required for the repair of the malfunctions of these goods, taking the opinion of the Turkish Standards Institute.
Warranty and Repair Period
The warranty period starts from the date of delivery of the goods to the consumer and is at least two years and/or the value determined by the unit of measurement in the attached list.
If the warranty period is determined by another unit of measurement, there must be a device for the determination of this unit of measurement on the goods or its structure must be suitable for the determination of this value. Otherwise, the warranty period is accepted to be 2 years.
In case of failure of the goods, the time spent in repair shall be added to the warranty period.
The repair time of the goods cannot exceed the maximum repair time announced in the attached list. This period starts from the date of notification of the failure of the goods to the service station, or in the absence of a service station, to the seller, dealer, agency, representative, importer or manufacturer- producer of the goods. It is possible for the consumer to notify the failure by telephone, fax, e-mail, registered letter with return receipt or similar means. However, in case of dispute, the burden of proof belongs to the consumer.
Free Repair Obligation
The seller is obliged to repair or have the goods repaired within the warranty period without any charge under the name of labour cost, replacement part cost or any other name in case of failure due to material and workmanship or installation faults.
Whether there is a usage error in case of faults is determined by service stations, in the absence of a service station, respectively; It is determined by a report issued by the seller, dealer, dealer, agent, representative, importer or one of the manufacturer-manufacturer of this product.
Consumers may apply to the relevant consumer problems arbitration committee with the demand of expert determination regarding the report specified in the second paragraph of this article.
Other Obligations
Despite the consumer's right to repair, the goods;
a) From the date of delivery to the consumer, provided that it remains within the warranty period, at least four times within one year or six times within the warranty period determined by the manufacturer- producer and / or importer, as well as the fact that these failures make the inability to benefit from the goods continuous,
b) Exceeding the maximum time required for repair,
c) In cases where it is determined that it is not possible to repair the malfunction with the report to be issued by the service station of the company, or in the absence of a service station, by one of the seller, dealer, agency, representative, importer or manufacturer - producer respectively, the consumer may demand free replacement of the goods, refund or price reduction in proportion to the defect.
The report referred to in subparagraph (c) of this Article must be issued within seven days from the date of the consumer's application. In the event that the report is not issued within the specified period or the consumer does not accept the report, the consumer may apply to the relevant consumer problems arbitration committee and may demand the determination of the current situation.
The seller cannot refuse the consumer's stated demands. The seller, dealer, agent, manufacturer - producer and importer are severally responsible for these demands of the consumer.
SELLER
Adnet Internet and Communications Services Trade. Co. Ltd.
BUYER
……………………….
DATE
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