Distant Sales Contract
Article 1 – Parties of the Contract
Address: Esentepe Mah 2383 sok NO 10/A. Sultangazi / İstanbul
Phone: +90 212 664 8673
Article 2 – Subject Matter of the Contract
The subject matter of this contract is the determination of rights and liabilities of the parties with regard to the sale and delivery of the product/service ordered by Buyer online via www.eymina.com website owned by Seller and having the qualities and sale price specified in the contract, pursuant to the provisions of Law no. 4077 on Consumer Protection and Regulation on Distant Sales Contract Rules and Codes of Practice. The buyer hereby agrees and declares that it is informed about the basic qualities, sale price, payment method, delivery conditions, etc. of the product/service sold, about all the preliminary information regarding the product/service sold and its "right of withdrawal", that it has confirmed such preliminary information online and then ordered the product/service. The preliminary information provided on the payment page on www.eymina.com and the invoice are integral parts of this contract.
Article 3 - Date of the Contract
Issued in two copies and signed by the Seller beforehand,this Contract has been agreed to and signed by the buyer on ............... A copy of the contract shall be sent to the e-mail of the buyer.
Article 4 – Delivery of the Product or Service, Delivery Method and Place of Performance of the Contract
The product/service ordered by the buyer shall be delivered to the recipient ......... at the address of ...........
Article 5 – Delivery Costs and Their Discharge
The delivery costs shall be paid by the buyer. If the seller has stated on its website that delivery costs of the products above a specific price shall be covered by itself or that the shipping of the promotional item shall be free, then the delivery cost shall be paid by the seller. The delivery shall be made according to stock availability and within the shortest time possible after the payment is made to the seller. The seller shall deliver the product/service within 30 (thirty) days following the order, and it reserves the right to extend this period for 10 (ten) more days by giving a written notice. If the payment for the product/service is not made or canceled in the bank records, the seller shall not be liable to deliver the product/service.
Article 6 – Cash on Delivery Cost
Cash on delivery service is a payment method offered by the courier company. The courier company charges 5.00 TRY for this service. The service cost shall be paid to the courier company and shall not be refunded if the product is returned. If you do not want to pay any extra charges when buying your product, you may select the option of secure payment with Credit card and make your payment safely without paying any extra service costs.
Article 7 – Buyer's Statements and Commitments
The buyer shall examine the product/service within the scope of the contract before accepting the delivery; shall not accept the delivery from courier company if the product/service has a defect or damage such as damaged, broken or ripped package. The accepted products shall be considered as non-damaged and intact. After the delivery, the buyer shall be responsible for maintaining the service/product with caution. If the right of withdrawal shall be exercised, then the product/service should not be used. The invoice should be returned. If the price of the product/service is not paid to the seller by the concerned bank or financial institution due to an unlawful or illegal use of the credit card of the buyer by unauthorized persons after the delivery of the product/service resulted from a reason other than the buyer's negligence, the Buyer shall be liable to return the product/service to the seller within 3 (three) days. In such cases, the delivery costs shall be paid by the buyer.
Article 8 – Seller's Statements and Commitments
The seller shall be liable to deliver the product/service covered by the contract in full, without any damage, conforming to the qualities specified in the order and if any, with warranty documents and user manuals. If the product/service covered by the contract is to be delivered to another person/institution than the buyer, the seller may not be held responsible if the person/institution concerned do not accept the delivery. The buyer shall return the price of the product/service and if any, valuable papers within 10 (ten) days after receiving the withdrawal statement. It shall accept the return of the product/service within 20 (twenty) days. If there are valid grounds, the seller may deliver an equal quality and cost item to the buyer before the expiry of fulfillment period specified in the contract. If the seller has a reason to think that the fulfillment of the product/service delivery is not possible, it shall inform the buyer in this regard before the expiry of the contractual fulfillment period. The price paid and if any, the documents
shall be returned within 10 (ten) days. Broken or damaged products/services that are sold with or without a warranty certificate may be sent to the seller for repair pursuant to the terms of the warranty, in this case, the delivery costs shall be covered by the seller.
Article 9 – Characteristics of the Product or Service Covered by the Contract
The class, type, quantity, brand/model, color and tax-included sale price of the product/service shall comply with the information provided in the product/service promotion page on www.eymina.com website and specified in the invoice that is an integral part of this contract.
Article 10 – Cash Price of the Product or Service
The cash price of the product/service shall be included in the sample invoice e-mailed after the order is complete and the invoice delivered to the customer along with the product.
Article 11 – Forward Price
The forward price of the product/service shall be included in the sample invoice e-mailed after the order is complete and the invoice delivered to the customer along with the product.
Article 12 – Interest
The interest may not be more than the interest rate determined by the Government of the Republic of Turkey annually and in any case more than 30%. The buyer shall be responsible against its bank.
Article 13 - Down Payment Price
The down payment price of the product/service shall be included in the sample invoice e-mailed after the order is complete and the invoice delivered to the customer along with the product.
Article 14 – Payment Plan
If the buyer uses a credit card and buys the product/service on installment, the installment type selected on the website shall apply.
The installment procedures shall be subjected to the provisions of the agreement executed between the buyer and the bank providing the credit card. The credit card due date is specified in the provisions of the agreement between the bank and the buyer. The buyer may also see the number of installments and payments in the bank statement.
Article 15 – Right of Withdrawal
The buyer may exercise its right of withdrawal within 7 (seven) days after the delivery of the product/service covered by the contract to itself or to the person/institution specified by it. The right of withdrawal may be exercised on the condition that the seller is informed via e-mail or phone within the same period and that the product/service is not used pursuant to the provisions of article 15 and the preliminary information presented on www.eymina.com, which is an integral part of this contract. If this right is exercised, the original invoice of the product/service delivered to a 3rd party or the buyer needs to be returned. The price of the product/service shall be returned to the buyer within 7 days after the withdrawal notice is received, and the product/service shall be returned within 20 (twenty) days. If the original invoice is not returned, the VAT and if any, other legal obligations shall not be refunded to the buyer. The delivery cost of the product/service returned due to the exercise of the right of withdrawal shall be covered by the seller.
Article 16 – The Products and Services For Which The Right of Withdrawal Shall Not Apply
The products/services that may not be returned due to their nature include perishables and expired products/services, single-use products/services, hygienic products/services, evening wear products/services and all duplicable software and programs. In addition, for all software and programs, various media (dvd, cd, etc.), computer and stationery consumables (toner, cartridge, tape, etc.) and cosmetic products, the right of withdrawal may only be exercised provided that the package of the product/service is intact, not damaged and product/service is not used.
Article 17 – Default and Legal Consequences
If the buyer goes into default in its credit card transactions, it shall pay interest and be liable to the bank providing the credit card pursuant to the credit card agreement in effect. In such cases, the concerned bank may take legal action; may claim the expenses and attorney fees from the buyer. If the buyer goes into default due to its debts, it hereby accepts to compensate any damage or loss that the seller may incur due to the late discharge of the debt.
Article 18 – Jurisdiction
Any disputes that may arise in connection with this contract shall be settled by Arbitration Committee for Consumers if the amount in question is under the limit announced by the Ministry of Industry and Commerce, by Consumer Courts if it is above the specified amount, and by Civil Courts of First Instance if none is applicable.