Distance Sales Agreement
DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
1.1. SELLER:
Name/Title : CarbonArt Garage | ALIHAN OKE
Address : Inkilap Mh. 29 May Cd. No : 3 A / B Umraniye / Istanbul
M: 0532 300 82 83 | T: 0850 577 70 88 | info@crbnart.com
ARTICLE 2 - SUBJECT
The subject of this contract is the "4077 numbered product" regarding the sale and delivery of the product, which the BUYER has ordered electronically from the SELLER's "www.crbnart.com" internet shopping site. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers" and the "Regulation on Implementation Procedures and Principles of Distance Contracts".
3.2. Payment Method: Payment by Wire Transfer / EFT
3.3. On the other hand, due to the fact that the forward sales are made only with the credit cards of the banks, the buyer will confirm the relevant interest rates and the information about the default interest separately from the 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. accepts, declares and undertakes.
Credit card Return Procedure:
In cases where the buyer uses his right of withdrawal, or when the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the Consumer by the decisions of the Arbitration Committee, if the shopping is made with a credit card and in installments, the procedure for returning to the credit card is as follows:
In how many installments our customer bought the product, the Bank makes the repayment to the customer in installments. After crbnart.com has paid the entire product price to the bank in one go, in case the installment expenditures made from the Bank's POS are returned to our Customer's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. If the payment is made, if the return date and the card's account cut-off dates do not coincide, 1 refund will be reflected on the card each month, and the customer will receive a month more than the number of installments he has paid before the return, after the installments paid before the return is over, and will be deducted from his current debts.
In case of the return of goods and services purchased with a card, crbnart.com cannot pay the Customer with cash in accordance with the contract it has made with the Bank. In case of a refund, crbnart.com will make the refund through the relevant software. Since com is obliged to pay the relevant amount to the Bank in cash or on deduction, the Customer cannot be paid in cash in accordance with the procedure we have explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after crbnart.com pays the bank at once.
The buyer acknowledges and undertakes that he has read and accepted this procedure.
3.4- Delivery Method and Address:
Delivery address :
Delivery Person:
Billing Address :
The delivery will be hand-delivered at the Buyer's address specified above via the courier company. Even if the buyer is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, any damage caused by the buyer's late delivery of the product and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
Shipping Fee: Cargo belongs to the buyer, it is not included in the product price. The reason why the shipping fee is 0 is not because it is free, but because there is no charge related to the shipping. If the buyer returns the product he ordered without receiving the cargo from the cargo, or if the cargo cannot reach the other party, the buyer is obliged to cover the cargo fee due to the situation originating from the buyer.
ARTICLE 4 - GENERAL PROVISIONS
4.1. The BUYER, on the "crbnart.com" website, submits the "information form" prepared in accordance with the provisions of the "Law No. 4077" and "Regulation on Implementation Procedures and Principles Regarding Door-to-door Sales" and the product/products/services subject to the contract, which are also specified in the 3rd article of the contract. declares that he has read all the preliminary information about the basic qualifications of the sale price, payment method and delivery and has given the necessary confirmation in electronic environment.
4.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, 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 be delivered does not accept the delivery.
4.4. The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5- 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 in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, provided that the product has been delivered to the BUYER. It must be sent to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER.
4.7- Defective or damaged products of the products sold with or without a warranty certificate can be sent to the SELLER for the necessary repair to be made by the authorized service within the (defective) warranty conditions, in which case the shipping costs will be covered by the SELLER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw within 7 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the product must not be used in accordance with the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. The product price is returned 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 returned. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or the signing of the contract without any legal or criminal liability and without giving any reason, and to take back the goods from the date the withdrawal notification reaches the seller or supplier.
In accordance with the general communiqué of the tax procedure law numbered 385, in order for the refund to be processed, the relevant sections of the invoice that we have sent to you, which includes the return section, must be filled in completely and sent back to us together with the product after it has been signed.
However, since our customers do not pay VAT in their orders in the TRNC and abroad, they are obliged to pay the taxes of the products they have received at the customs. Customers do not have the right of withdrawal for the products that are not received from the customs in any way. Because, pursuant to Article 8 of the REGULATION ON DISTANCE CONTRACTS APPLICATION PROCEDURES AND PRINCIPLES, the Consumer has the right to withdraw from the contract by rejecting the goods within seven days from the date of receipt, without taking any legal or criminal responsibility and without giving any reason, in distance contracts regarding the sale of goods.
ARTICLE 6 - PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, and products whose expiration date has passed. The use of the right of withdrawal in the following products is subject to the condition that the packaging of the product is unopened, intact and the product has not been used.
- Products that cannot be returned due to their nature (except in cases where the product is defective or defective, products that may pose a health hazard after opening, e.g. products that require direct contact with the body during use (), disposable products, products that deteriorate quickly or expire, and returnable products are not possible. is not.
ARTICLE 7- PROVISIONS OF DEFAULT
In case the parties fail to fulfill their obligations under this contract from their resources, 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 without a justifiable reason, the other party will give the non-performing party a period of 7 days for the performance of the said act. In the event that it is fulfilled within this period, the party that does not fulfill its performance will be deemed to be in default and the creditor has the right to demand the delivery of the goods, and/or the termination of the contract and the refund of the price by demanding the performance of the performance.
Pursuant to the last paragraph of the 9th article of the Regulation on Distance Contracts, if the seller "crbnart.com" cannot fulfill his contractual obligations, claiming that it is impossible to fulfill the goods or services that are the subject of the order (the case that the product cannot be supplied in any way from the supplier Company), this situation is the responsibility of the performance arising from the contract. In this case, crbnart.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 that put him under debt, if any.
If "crbnart.com" cannot deliver the product subject to the contract in due time due to force majeure or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, In such cases, the Buyer "crbnart.com" .com" has no responsibility, can use one of the rights to cancel the order or delay the delivery time until the blocking situation disappears. If the BUYER cancels the order, the amount paid is paid to him within 10 days.
ARTICLE 8 - AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER's or SELLER's settlement are authorized up to the value declared by the Ministry of Industry and Trade.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.