Distance Sales Contract
ARTICLE 1 – PARTIES
1.1.SELLER:
Name/Title : Cool Sandalye
Address: Seyhan, 659/5 No:25 inner door No:1, 35380 Buca/İzmir
Phone: 0533 597 22 23
ARTICLE 2 – SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the “Law No. 4077 on the Protection of Consumers” and the “Regulation on the Application Procedures and Principles of Distance Contracts” regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the “coolsandalye.com” internet shopping site belonging to the SELLER.
Article 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE OF THE CONTRACT AND METHODS OF DELIVERY
3.1. Payment Method: Payment by Money Order / EFT
3.2. On the other hand, since the forward sales are made only with credit cards belonging to banks, the buyer accepts, declares and undertakes that he/she will also confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the buyer in accordance with the provisions of the legislation in force.
Credit Card Refund Procedure:
In cases where the Buyer exercises his/her right of withdrawal or the product in question cannot be supplied for various reasons or the arbitration committee decides to refund the amount to the Consumer, if the purchase was made by credit card and in installments, the procedure for refunding the amount to the credit card is stated below:
The Bank makes the refund to the customer in installments, regardless of the number of installments our customer purchased the product. After coolsandalye.com pays the entire product price to the bank in one go, in case the installment expenses made from the bank POS are refunded to our customer's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the customer until the cancellation of the sale, if the refund date does not coincide with the card's statement closing dates, will be reflected on the card as 1 refund each month and the customer will receive the installments he/she paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments he/she paid before the refund, and will be deducted from his/her current debts.
In case of return of goods and services purchased with a card, coolsandalye.com cannot make cash payments to the customer due to the contract it has made with the bank. In case of a return transaction, the member business, namely coolsandalye.com, will make the refund through the relevant software, and since the member business, namely coolsandalye.com, is obliged to pay the relevant amount to the bank in cash or on account, cash payment cannot be made to the customer according to the procedure we have explained above. Refund to credit card will be made by the bank according to the procedure above after coolsandalye.com makes a one-time payment to the bank.
The buyer acknowledges and undertakes that he/she has read and accepted this procedure.
3.3. Delivery Method and Address:
Delivery Address: a/Türkiye-Adıyaman-
Person to be Delivered:
Billing Address: a/Türkiye-Adıyaman-
The delivery will be hand-delivered to the Buyer's address specified above via the cargo company. Even if the Buyer is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. Therefore, all kinds of damages arising from the Buyer receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
Shipping Fee: Shipping fee is added to the total amount of the order and paid by the customer. It is not included in the product price.
ARTICLE 4 – GENERAL PROVISIONS
4.1.BUYER declares that he/she has read and is informed about the "information form" prepared in accordance with the provisions of "Law No. 4077" and "Regulation on the Application Methods and Principles Regarding Door-to-Door Sales" on the "coolsandalye.com" website and all preliminary information regarding the basic characteristics, sales price and payment method of the product/services subject to the contract and delivery specified in Article 3 of the contract, and that he/she has given the necessary confirmation electronically.
4.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period.
4.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
4.4.SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4.5- In order for the product subject to the contract to be delivered, the signed copy of this contract must be delivered to the SELLER and the price must be paid using the payment method preferred by the BUYER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
4.7- Products that are defective or broken, whether sold with or without a warranty certificate, can be sent to the SELLER to have the necessary repairs made by an authorized service within the warranty conditions. In this case, the shipping costs will be covered by the SELLER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 7 days from the delivery of the contractual product to him/her or to the person/institution at the address he/she has indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, email or telephone within this period and the product must not have been used within the framework of the provisions of Article 6. In the event of exercise of this right, the original invoice and the copy of the cargo delivery report stating that the product delivered to a 3rd party or the BUYER was sent to the SELLER must be returned. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The cargo cost of the product returned due to the right of withdrawal will be covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of receipt of the goods or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and to take back the goods as of the date the withdrawal notice reaches the seller or provider.
In order for the refund procedures to be carried out in accordance with the general circular of the tax procedure law numbered 385, the relevant sections of the invoice that includes the refund section that we have sent to you must be filled in completely and sent back to us together with the product after being signed.
However, since our Customers do not pay VAT on their orders for TRNC and international shipments, they are responsible for paying the taxes on the products they receive at customs. Customers do not have the right of withdrawal for products that are not received from customs in any way. Because, in accordance with Article 8 of the REGULATION ON THE APPLICATION PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS, the Consumer has the right to reject the goods and withdraw from the contract within seven days from the date of receipt without assuming any legal or criminal liability and without giving any reason in distance contracts related to the sale of goods.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, and products that have passed their expiration date. The exercise of the right of withdrawal for the following products is subject to the condition that the packaging of the product is unopened, undamaged, and the product is unused.
– Herbal Tablet Products
– Products that cannot be returned due to their nature (except in cases where the product is faulty or defective, products that pose a health hazard after being opened, e.g. products that require direct contact with the body during use), single-use products, products that deteriorate quickly or have expired, and products that cannot be returned.
ARTICLE 7 - DEFAULT PROVISIONS
In the event that the parties fail to fulfill their obligations arising from this contract, the provisions of the Debtor's Default in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations within the time limit without a justified reason, the other party shall grant the party that has failed to fulfill its obligation a period of 7 days to fulfill the obligation in question. If fulfillment is made within this period, the party that has failed to fulfill its obligation shall be deemed to be in default and the creditor shall have the right to demand the delivery of the goods, and/or the termination of the contract and the return of the price by demanding the performance of the obligation.
In accordance with the last paragraph of Article 9 of the Regulation on Distance Contracts, if the seller "websitesi.com" cannot fulfill its contractual obligations by claiming that the fulfillment of the ordered goods or services has become impossible (the product cannot be supplied from the supplier company at all), it undertakes to notify the consumer of this situation before the expiration of the performance obligation arising from the contract. In this case, websitesi.com has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents, if any, that impose debt.
If "coolsandalye.com" cannot deliver the product subject to the contract within the specified time due to force majeure or extraordinary events such as adverse weather conditions, interruption of transportation, fire, earthquake, flood that may prevent it from fulfilling this obligation, the Buyer accepts that "websitesi.com" has no responsibility in such cases and may use one of its rights to cancel the order or postpone the delivery period until the preventive situation is eliminated. If the BUYER cancels the order, the amount paid will be paid to the BUYER within 10 days. (For purchases made in installments with a credit card, the above procedure for refund to the credit card is accepted by the BUYER)
ARTICLE 8 – COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Industry and Trade.
If the order is placed, the BUYER is deemed to have accepted all the terms of this contract.
