ARTICLE 1) PARTIES
This Agreement has been signed between the parties specified below in accordance with the terms and conditions stated below.
SELLER
Company Name
Ebruarte
Trade Registry Number
Address:
Yıldızevler mahallesi 724 Cad. No:14 İç Kapı No: 3 Çankaya Ankara
Phone
Fax
Email Address
Bank Account:
IBAN : TR28 0011 1000 0000 0067 2978 28
Ebru Karakimseliler
BUYER (CONSUMER)
Name-Surname / Company Name
Address:
Phone:
'BUYER'; (hereinafter referred to as "BUYER" in this agreement)
'SELLER'; (hereinafter referred to as "SELLER" in this agreement)
ARTICLE 2) SUBJECT OF THE AGREEMENT
This Distance Sales Agreement ("Agreement") has been prepared in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Agreement hereby acknowledge and declare that they are aware of and understand the obligations and responsibilities arising from the Law on the Protection of Consumers and the Regulation on Distance Contracts under this Agreement.
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of goods/services with the qualities specified in the agreement, which the Buyer orders electronically through ebruarte.com or other domain names associated with the service ("Website"), regarding the purchase of products belonging to the Seller.
The conclusion of this agreement shall not prevent the performance of the provisions of the website membership agreements concluded separately by the parties with ebruarte, and the parties acknowledge and declare that ebruarte is not a party to the product sale subject to this Agreement and has no responsibility or commitment regarding the parties' fulfillment of their obligations under this Agreement.
ARTICLE 3 ) BASIC CHARACTERISTICS AND PRICE OF THE GOODS SUBJECT TO THE AGREEMENT
The type and kind of product/products, quantity, brand/model, color and sales price including taxes and delivery information are as follows:
Payment Method and Plan: Via online virtual POS application ..........Bank credit card with .... months .... (in words ..............................................) TL monthly payment / cash ........... TL payment
Maturity Difference Received: .......
Interest rate used in maturity difference calculation: % ...
Shipment will begin within (1) business day following the order. Shipment will be completed within (2 - 5) business days.
Delivery Address:
Persons to Receive Delivery:
1.
2.
Invoice Address:
ARTICLE 4) DELIVERY AND METHOD OF DELIVERY
The Agreement becomes effective upon approval by the Buyer and is performed by the delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The goods/services will be delivered to the person(s) specified by the Buyer in the order form and in this agreement.
ARTICLE 5) DELIVERY COSTS AND PERFORMANCE
Delivery costs of Goods/Services shall be borne by the Buyer. If the Seller has stated on its website that delivery costs will be covered by it, delivery costs shall be borne by the Seller. Delivery of goods shall be made within the promised period after the Seller's stock is available and 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 the period by an additional 10 (ten) days with written notice within this period. If the Goods/Services price is not paid by the Buyer for any reason or the payment made is cancelled in bank records, the Seller shall be deemed relieved of the obligation to deliver the Goods/Services.
ARTICLE 6) BUYER'S DECLARATIONS AND COMMITMENTS
The Buyer hereby declares that he/she has read and understood the basic characteristics of the product subject to the agreement on the Website, the sales price and payment method, and delivery-related pre-information provided by the Seller, and has provided the necessary confirmation in electronic form. Buyers, in their capacity as consumers, may submit their requests and complaints through the Seller contact information channels provided above.
By confirming this Agreement and the Pre-Information Form in electronic form, the Buyer confirms that he/she has correctly and completely received the address, basic characteristics of the products ordered, the price of the products including taxes, payment and delivery information that should be provided by the Seller before the conclusion of distance contracts.
The Buyer shall inspect the Goods/Services subject to the Agreement before receiving delivery. If the Buyer accepts delivery from the cargo company of damaged, broken, torn packaging, etc. defective and faulty Goods/Services, the responsibility shall be entirely his/her own. Goods/Services accepted by the Buyer from the cargo company employee shall be deemed to have been received undamaged and in good condition. After delivery, the responsibility and damages of Goods/Services shall be borne by the Buyer. If, after the delivery of Goods/Services, the Buyer's credit card is misused unlawfully or illegally by unauthorized persons not due to the Buyer's fault, and the relevant bank or financial institution does not pay the goods/services price to the Seller, the Buyer is obligated to return the Goods/Services to the Seller within 14 (fourteen) days, provided that it has been delivered to him/her. In this case, delivery costs shall be borne by the Buyer.
ARTICLE 7) SELLER'S DECLARATIONS AND COMMITMENTS
The Seller is responsible for delivering the Goods/Services subject to the Agreement in compliance with Consumer Regulations, in good condition, complete, in accordance with the specifications stated in the order, and with warranty documents and user manuals, if any, to the Buyer. If the Seller cannot deliver the product subject to the Agreement within the specified period due to force majeure or extraordinary circumstances preventing transportation, the Seller is obligated to notify the Buyer of this situation as soon as possible. If the Goods/Services subject to the Agreement are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the refusal of the recipient to accept delivery.
ARTICLE 8) RIGHT OF WITHDRAWAL
The Seller undertakes that the Buyer has the right to reject the goods or services and withdraw from the Agreement within 14 (fourteen) days from the date of receipt or signing of the Agreement, without incurring any legal or criminal liability and without providing any reason, and that the Seller will take back the goods from the date the withdrawal notice reaches the Seller. The withdrawal notice and other notifications related to the Agreement may be sent to the Seller through the Seller contact information channels specified above.
To exercise the right of withdrawal, notification must be made to the Seller within this period in accordance with the provisions of the regulations. If the right of withdrawal is exercised:
- The product delivered to the Buyer or to a third party notified by him/her must be returned.
- Products to be returned within the 14 (fourteen) day period must be delivered with their box, packaging, standard accessories if any, and any other products gifted with the product intact and undamaged. Within 10 (ten) days following the use of the right of withdrawal and the receipt of the notice, the product price shall be refunded to the Buyer in the manner paid. When the product is returned to the Seller, the original invoice presented to the Buyer at the time of product delivery must also be returned. Return shipping costs shall be borne by the Seller. The return section of the invoice to be returned with the product shall be completed and returned signed by the Buyer.
Customers who make purchases through the Website have the right to withdraw within 14 days in accordance with the distance sales agreement. Products made or modified with special orders (products whose dimensions have been changed at the customer's request, products with special writings on them) will not be accepted for return. The product to be returned must be completely undamaged and unused. Products that are scratched, damaged, or have undergone physical changes or have defects in their structure and texture are absolutely not accepted for return. After examination by our product specialists, if no damage or deterioration is detected, the return process is initiated. For return and exchange transactions, order number and return/exchange request details must be sent to info@libartmedya.com or through the Customer Service button. Return and exchange transactions will be carried out only if the return and exchange conditions are met, for products purchased from the online store (website) by the online store. The packaging, certificate, label, invoice of the product to be returned, and any promotions must be sent together with the product.
ARTICLE 9) CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used in the following cases:
- Contracts relating to goods or services whose price fluctuates depending on fluctuations in financial markets and is not within the control of the seller or provider.
- Contracts relating to goods prepared according to the consumer's requests or personal needs.
- Contracts relating to the delivery of perishable or expiring goods.
- Contracts relating to the delivery of goods that, after delivery, have had their protective elements such as packaging, tape, seals, and packages opened; and those that are not suitable to be returned for health and hygiene reasons.
- Contracts relating to goods that mix with other products after delivery and cannot be separated by their nature.
- Contracts relating to books, digital content, and computer supplies presented in physical form if their protective elements such as packaging, tape, seals, packages are opened after delivery.
- Contracts relating to the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
- Contracts for activities that must be carried out on a specific date or period, including accommodation, goods transportation, car rental, food and beverage supply, and leisure time activities for entertainment or rest purposes.
- Contracts relating to services performed instantly in electronic form or non-material goods delivered instantly to the consumer.
- Contracts relating to services whose performance has begun before the expiration of the withdrawal period with the consent of the consumer.
ARTICLE 10) DISPUTE RESOLUTION
If consumers have problems with the Seller and the Seller cannot resolve the problem, regarding complaints and objections related to transactions with a product price of up to 1.161,67 TL, they may apply to the Consumer Problems Arbitration Board in the location where they purchased the product or where they reside; regarding complaints and objections related to transactions with a product price exceeding 1.161,67 TL, they may apply to the Consumer Court in the location where they purchased the product or where they reside.
According to the third paragraph of Article 5 of the Consumer Problems Arbitration Boards Regulation published in the Official Gazette dated 01.08.2003 and numbered 25186, the lower monetary limit for provincial arbitration boards operating in provinces with metropolitan status and responsible and authorized to review disputes is 3.032,65 TL.
ARTICLE 11) PRICE OF GOODS/SERVICES
The cash or installment price of the goods/services, the down payment price is included in the order form, and is the price contained in the sample invoice sent by email at the end of the order and in the invoice sent to the customer with the product. Discounts made by ebruarte, coupons, and other items are reflected in the sales price.
ARTICLE 12) DEFAULT AND ITS LEGAL CONSEQUENCES
If the Buyer defaults on transactions made with a credit card, he/she will pay interest within the framework of the credit card agreement made with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal proceedings; may request the Buyer to cover the resulting costs and attorney fees; and in all cases, if the Buyer defaults on payment of the debt, the Buyer agrees to pay the Seller for the damages and losses incurred from the delayed performance of the obligation.
ARTICLE 13) NOTIFICATIONS AND EVIDENCE AGREEMENT
All correspondence between the Parties under this Agreement shall be made via email, except in mandatory cases provided in the Law. The Buyer acknowledges, declares, and undertakes that the official records and business records of the Seller and ebruarte, and the electronic information and computer records held in his/her database and servers, shall constitute binding, definitive, and exclusive evidence in disputes arising from this Agreement, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 14) ENTRY INTO FORCE
This Agreement, consisting of (14) articles, has been concluded by being read by the Parties and approved by the Buyer in electronic form, and has entered into force immediately.