Distance Selling Contract
Distance Selling Contract
This contract is regulated within the scope of Article 48 of the Consumer Protection Law No.6502 ("TKHK") and the Distance Contracts Regulation ("Regulation"), which entered into force after being published in the Official Gazette dated 27.11.2014 and numbered 29188, and For the buyers, instead of the provisions of the TKHK, the provisions of the contract to which the relevant articles of the Turkish Commercial Code ("TCC") and / or the Turkish Code of Obligations ("TBK") will be applied are as follows.
ARTICLE 1- PARTIES OF THE CONTRACT
1.1. This Distance Sales Contract ("Contract") has been concluded between ("SELLER") and ("BUYER") whose names, titles and addresses are given in Article (1.3.).
1.2. This Agreement signed between the SELLER and the BUYER replaces and replaces all previous written and verbal agreements between the parties regarding this Agreement.
1.3. SELLER:
Title: Şahin İNCEDEMİROĞLU Forestry Bureau
Address: Cebrail Mahallesi Simsar Sokak Ahmet BIYIKLI Business Center No: 11
Phone: 05333630668
Tax Office: Kastamonu
Tax Number: 757 081 7302
E-mail: sahin_incedemir@hotmail.com
BUYER: The person who places an order with the order form of the shopping site belonging to the seller and whose Name, Surname, Address and Phone are specified in this order form.
ARTICLE 2- SUBJECT OF THE CONTRACT
The subject of this contract is that the SELLER sells products to the BUYER electronically from the website www.antnaturalcure.com, and regarding the sale and delivery of the products whose qualities and sales price are specified below, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. and to regulate its obligations.
BUYER, SELLER's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the "withdrawal" right and how to use this right, official authorities etc. where they can submit their complaints and objections. It accepts and declares in accordance with the provisions of this contract that it is clearly, understandable and informed by the SELLER in accordance with the internet environment, confirms this preliminary information electronically and then orders the goods.
While shopping on www.antnaturalcure.com, the preliminary information and information form approved by the BUYER and sent to the e-mail address registered in the system and
ARTICLE 3- CONTRACT SUBJECT GOODS OR SERVICE / SALES PRICE / DELIVERY INFORMATION
The type and type, quantity, brand / model, sales price, payment method, recipient, delivery address, invoice information, shipping fee of products / products purchased electronically within the scope of this distance contract are as follows. The person to be invoiced and the person making the contract must be the same. The information below must be correct and complete. The BUYER accepts to cover the damages arising from the situations where this information is not correct or incomplete, and also any responsibility that may arise from this situation belongs to the BUYER.
The SELLER reserves the right to suspend the order in cases it deems necessary, when the information given by the BUYER does not match the truth. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER from the phone, e-mail and postal addresses given by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to communicate with the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order in order to prevent damage to both parties.
ARTICLE 4- CONTRACT DATE
The contract date is the order date, which is the date the order is placed by the BUYER.
ARTICLE 5- GENERAL PROVISIONS
The BUYER confirms that he / she has read and informed the preliminary information about the basic characteristics of the products shown on the website www.antnaturalcure.com, the sales price and payment method including all taxes, the delivery / delivery cost and the right of withdrawal and the terms of use, and that it is necessary for electronic sales. It accepts that it has given the approvals.
The color and number alternatives of the products shown on www.antnaturalcure.com are limited to the stock held by the SELLER. The color and number combination of the product, which the BUYER chooses, may have been ordered by another user before the BUYER's order. Orders will be evaluated according to the order sent to the SELLER. In parallel with this, the color and number combination of the product chosen by the BUYER may not be found in the stocks of the SELLER. In such a case, the BUYER can select alternative products or request a refund if the payment has been made.
The contractual product is sent to the information posted on www.antnaturalcure.com and to the e-mail address, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30 days (and additional 10 days with prior notification of the BUYER). It is delivered to the BUYER by the courier company with which the SELLER has an agreement, within the period described in the preliminary information and information form. The SELLER sends the products it sells to the BUYERS through CARGO companies and delivers them.
In general, unless otherwise stated, delivery costs (shipping costs, etc.) may not be reflected to the BUYER in all or part of the delivery costs depending on the results of the campaigns carried out by the SELLER at the time of sale and declared on the website www.antnaturalcure.com.
In the event that the BUYER is not present at the time of cargo delivery, the SELLER will be deemed to have fulfilled his / her action completely and completely. If there is no one to receive delivery at the address, it will be the responsibility of the BUYER to contact the cargo company and follow the shipment of the products. In these cases, any damages arising from the late delivery of the Product by the BUYER and the expenses incurred due to the fact that the Product has waited at the cargo company and / or the cargo is returned to the SELLER shall also be borne by the BUYER.
The BUYER is responsible for checking the Product when it is received and when it sees a problem in the Product due to the cargo, not to accept the Product and to make a report to the CARGO company official. Otherwise, the SELLER will not accept any liability.
Invoice and waybill control: Invoice and waybill are sent outside the cargo parcel in a transparent adhesive tape. If the BUYER does not have the invoice and / or delivery note on the package, the cargo officer will report the situation to the SELLER via e-mail or phones registered on the site.
When the cargo is delivered to the BUYER, if there is crushing, deformation, wetness or any condition that may damage the product, the BUYER will open the parcel together with the cargo officer and check the status of all products. In case of damage to the products, the BUYER will not take delivery of the products and ask the cargo authority to keep a report. If the cargo has not been accepted and the report has been kept, the situation will be notified to the SELLER as soon as possible, using the communication tools specified in the contract, together with the remaining copy of the report in the BUYER. The cargo will not be checked and the products received by the PURCHASER from the cargo without the said report will be deemed undamaged and intact.
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The BUYER must have paid the price before receiving the Product, unless otherwise stipulated in writing by the SELLER. If the product price is not paid to the SELLER for any reason, the SELLER may unilaterally cancel the contract and not deliver the Product.
If, for any reason, after the delivery of the product, the Bank / financial institution to which the transaction credit card belongs does not pay the price of the Product to the SELLER, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest, all expenses belonging to the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the product price without accepting the return, are reserved separately and under all conditions.
The credit card, installment card etc., of which the BUYER owns the sales price. In cases where the card is paid with, all the possibilities provided by these cards are credit and / or installment payment options directly provided by the card issuer.
If the product cannot be delivered within the legal 30-day period due to extraordinary circumstances other than normal sales / delivery conditions (weather, heavy traffic, earthquake, flood, fire, epidemic disease) and the delay exceeds 10 days, the SELLER delivery informs the BUYER about the In this case, the BUYER may cancel the order, order a similar product or wait until the end of the disaster.
In order cancellations, if the product price has been collected, it is returned to the BUYER within 10 days of cancellation. Refunds are made by returning to the BUYER's credit card. Since the reflection of this amount on the BUYER accounts after the return to the bank is entirely related to the Bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and assume responsibility in any way for possible delays. If it is understood that the Product / service subject to the Contract cannot be supplied for a justified reason except in extraordinary circumstances, the SELLER may supply another good / service of equal quality and price by informing the BUYER and obtaining its approval, and it is deemed to have fulfilled the contractual commitment in this way. In cases where the BUYER does not give approval on the internet, the provisions regarding order cancellation are applied.
BUYER The SELLER may notify the SELLER through the communication channels shown in the article.
This Agreement, which is approved by the BUYER following the preliminary information and confirmation on the internet, is in effect until the parties fulfill their payment / delivery obligations arising from the Agreement, without prejudice to the relevant provisions.
If the BUYER intends to use its right of withdrawal, it should not use the product and return the invoice.
ARTICLE 6- RIGHTS AND OBLIGATIONS OF THE SELLER
The SELLER accepts and undertakes to fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law on the Protection of Consumers No 6502 and the Regulation on Distance Contracts, except for force majeure.
Persons under the age of 18 (eighteen) and those with restrictions cannot shop at www.antnaturalcure.com. The SELLER shall be based on the correct age specified by the BUYER in the contract. However, the SELLER will not be liable in any way due to the misrepresentation of the BUYER's age.
The SELLER is not responsible for price errors caused by system errors. Based on this, the SELLER is not responsible for the advertising and price errors that may arise from the system, design or illegal interventions to the website. The BUYER cannot make a claim from the SELLER based on system errors.
You can shop at www.antnaturalcure.com by credit card, debit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within one week of the order date will be canceled. The processing time of the orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as paid delivery or postal check without consulting customer service are not accepted.
ARTICLE 7- RIGHTS AND OBLIGATIONS OF THE BUYER
The BUYER agrees and undertakes to fulfill the actions imposed on him in the contract, except for force majeure.
The BUYER accepts and undertakes that it is deemed to have accepted the terms of the employment contract and will make the payment in accordance with the payment method specified in the contract.
BUYER shall be informed about the name, title, full address, telephone and other access information of the SELLER, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs etc. All preliminary information about the goods subject to sale and the use of the "withdrawal" right and how to use this right, official authorities etc. where they can submit their complaints and objections. It accepts and declares that it has clear, understandable and appropriate information about the internet environment and confirms this preliminary information electronically.
Depending on the previous article, the PURCHASER declares that he has read and informed the www.antnaturalcure.com order / payment / usage procedure information, which includes product order and payment conditions, product usage instructions, measures taken and warnings made against possible situations, and gives the necessary confirmation electronically. .
The BUYER agrees and undertakes not to damage the product and its packaging in any way whatsoever, and to return the original invoice and delivery note at the time of return in case the BUYER wishes to return the product.
ARTICLE 8- ORDER / PAYMENT PROCEDURE
The TL amount including VAT (total installment amounts in installment transactions) of the products added to the shopping cart is processed through the POS of the relevant bank card after it is approved by the BUYER. For this reason, an order confirmation mail is sent to the customer before the orders are shipped. No shipment is made without sending an order confirmation mail.
Any disruption in the process or problems that may arise in relation to the credit card are notified to the BUYER by using one or more of the telephone / fax / e-mail routes specified in the contract. If necessary, the BUYER may be asked to meet with the bank. The processing time of the orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the SELLER accounts.
In the event that it is understood that the goods subject to the contract cannot be supplied for an exceptionally just cause and / or if there is a stock problem, the BUYER is immediately informed and approved by the BUYER, or another item of equal quality and price may be sent to the BUYER or in line with the BUYER's desire and choice. ; Another new product can be sent, the product can be expected to enter the stocks or the other obstacle that prevents delivery can be removed and / or the order may be canceled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the BUYER is informed of this situation and the total price paid and any documents that put him under debt, if any, are returned to him within ten days and the contract is canceled. In such a case, the BUYER agrees that it will not claim any additional material and moral damage from the SELLER.
At www.antnaturalcure.com, BUYERS who do not want to use their credit card information on the internet are provided with cash transfer order opportunities. In the payment by wire transfer, the BUYER can choose the most suitable bank and make the transfer. If EFT is made, the date of taking into account will be taken into account. When making money transfer and / or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.
If the bank or financial institution does not pay the price of the product to the SELLER due to the fact that the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons not due to the BUYER's fault after the delivery of the product, 3 (three) it must be sent to the SELLER within the day. In such cases, shipping costs belong to the BUYER.
If the BUYER chooses to pay with a credit card, the BUYER agrees that it will also confirm the relevant interest rates and the information regarding default interest 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 current legislation, declares and undertakes.
ARTICLE 9- SHIPMENT / DELIVERY PROCEDURE
With the sending of the order confirmation e-mail, the product / products are delivered to the courier company with which the SELLER has an agreement.
The product / products will be delivered to the address of the BUYER by courier with which the SELLER has an agreement. The delivery time is 30 days from the sending of the order confirmation e-mail and the establishment of the contract. This period may be extended for a maximum of ten days, provided that the BUYER is notified in advance in writing or through a continuous data carrier.
The products are sent to the regions where the cargo companies do not deliver the address by phone notification.
In regions where the Cargo Company delivers once a week, in cases of inaccuracies and deficiencies in the shipping information, some social events and natural disasters may be delayed in the specified day. The BUYER will not claim any rights from the SELLER due to these delays. If the product is to be delivered to another person / organization from the BUYER, the SELLER is not responsible for the extra shipping costs that may arise from the person / organization not accepting the delivery, inaccuracies in the shipping information and / or the BUYER's absence. If the product / products did not reach the customer within the specified days, delivery problems should be reported immediately to the customer service by using the contact sahin_incedemiroglu@hotmail.com e-mail address.
In case of damaged package; Damaged packages should not be received and a report should be submitted to the Cargo Company official. If the Cargo Company official thinks that the package is not damaged, the PURCHASER has the right to open the package there and check that the products have been delivered undamaged and to request that the situation be determined with a report. After the package is received by the BUYER, it is accepted that the Cargo Company has fulfilled its duty. If the package has not been accepted and the report has been kept, the situation must be reported to the SELLER Customer Service as soon as possible, together with the remaining copy of the report in the BUYER.
ARTICLE 10- PROCEDURE FOR RETURN AND WITHDRAWAL
10.1. In cases where the BUYER is a consumer according to the legal legislation, it has the right to withdraw from the contract within 14 (fourteen) days after receiving the goods without any justification and without penal terms. In order to be able to carry out the return transactions in accordance with the general notification of the tax procedure law numbered 385, the BUYER must fill in the return sections at the bottom of the 2 invoices of the SELLER delivered with the goods completely and correctly, and sign and send a copy to the SELLER with the other copy. He must keep it in his mind. The right of withdrawal starts from the day the goods are delivered to the BUYER. The cost of returning the returned product or products will be covered by the BUYER.
10.2. It is not possible to use the right of withdrawal for the following goods:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
ç) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts regarding the books, digital content and computer consumables, data recording and data storage devices provided in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement.
g) Contracts for the use of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be made on a specific date or period.
ğ) Contracts for services rendered instantly in electronic environment or for intangible goods delivered immediately to the consumer.
h) Contracts regarding the services started with the approval of the consumer before the right of withdrawal expires.
10.3. In the event that the BUYER exercises his right of withdrawal, the SELLER shall return the total price received within ten days from the receipt of the invoice with the product and any document that puts the BUYER under debt, at no cost to the BUYER.
10.4. The decrease in the value of the delivered goods or the existence of a reason that makes it impossible to return does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of the return is due to the BUYER's fault, the SELLER must compensate the value or decrease in the value of the goods.
10.5. The general return period for each product purchased inadvertently is 14 (fourteen) days. During this period, the return of products that have been opened, used, destroyed and so on are not accepted. Returns must be made in original packaging. In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging, and if the product cannot be returned in the state it was delivered to the BUYER, the product will not be returned and the price will not be refunded.
10.6. For product returns, the situation should first be communicated to customer service. The information about the return of the product is sent to the customer by the SELLER. After this meeting, the invoice containing the information about the product return must be delivered to the SELLER via the courier company delivering to the address of the BUYER. The returned product that reaches the SELLER is accepted as a return if it meets the conditions specified in this Agreement, and the refund is made to the credit card / account of the BUYER. No refund will be made until the product is returned. Refunds made to credit cards are at the disposal of the relevant bank.
10.7. If the shopping is made by credit card and in installments, the credit card refund procedure will be applied as follows: If the BUYER has sent the purchase request in the number of installments, the Bank makes the refund to the BUYER in installments. After the SELLER pays the entire price of the product to the bank at once, in case the installment expenses made from the Bank POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the bearer accounts in installments, in order to prevent the parties involved in the matter from falling into disadvantage. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month and the installments paid by the BUYER before the return are over the same month as the number of installments paid before the return. will be credited and deducted from existing debts.
10.8. In the event of the return of goods and services purchased with a card, the SELLER cannot make a cash payment to the BUYER in accordance with the contract made with the Bank. In the case of a refund transaction, the merchant, namely the SELLER, will make the refund via the relevant software, and since the merchant, the SELLER, is obliged to pay the relevant amount to the Bank in cash or on account, the BUYER cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the BUYER has paid the bank the amount in one time.
ARTICLE 11- FORCE MAJEURE
Situations that do not exist or are not foreseen at the date of signing the contract, that develop outside the control of the parties, that make it impossible for one or both of the parties to fulfill their obligations and responsibilities imposed by the contract, or to fulfill them on time, force majeure (natural disaster, war , terrorism, uprising, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, epidemic disease etc.). The party taking place in the person of force majeure will notify the other party immediately and in writing.
During the continuation of the force majeure, the parties will not have any responsibilities due to their failure to fulfill their actions. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
ARTICLE 12- CONFIDENTIALITY
The information provided by the BUYER to the SELLER for the purpose of making payment with the information specified in this Agreement will not be shared by the SELLER with third parties. The SELLER will be able to disclose this information only in the presence of administrative / legal obligations. If the SELLER holds the information requested from him within the scope of any judicial investigation with documented research capacity, he can provide it to the relevant authority.
Credit Card information is never stored, Credit Card information is only used to securely transmit to the relevant banks during the collection process and is deleted from the system after the provision.
Information such as the e-mail address, postal address and telephone number of the BUYER are used only by the SELLER for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information may be sent to the BUYER after its approval.
ARTICLE 13- AUTHORIZED COURT AND EXECUTIVE OFFICES IN CASE OF DISPUTE
13.1. In the event of a dispute arising from the implementation of this contract, the BUYER may apply for complaints and objections to the arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the following law. . Information on the monetary limit is below:
Its value in applications to consumer arbitration committees for 2020:
a) District consumer arbitration committees in disputes under 6.920 (six thousand nine hundred and twenty) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 6.920 (six thousand nine hundred and twenty) Turkish Liras and 10.390 (ten thousand three hundred ninety) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 10.390 (ten thousand three hundred and ninety) Turkish Liras in the centers of provinces that are not in metropolitan status,
ç) Provincial consumer arbitration committees have been assigned in the disputes between 6.920 (six thousand nine hundred and twenty) Turkish Liras and 10.390 (ten thousand three hundred ninety) Turkish Liras in the districts of the provinces that do not have metropolitan status.
In cases where the BUYER is not a legal consumer, the competent court is determined according to general provisions.
ARTICLE 14- EVIDENCE CONTRACT
BUYER, in the disputes that may arise from this Agreement, the SELLER's official books and commercial records and the e-archive records kept in the database, servers of the SELLER, electronic information and computer records will constitute binding, final and exclusive evidence and It accepts that it qualifies as an evidential contract within the meaning of Article 193 of the Law of Trials.
ARTICLE 15- SEVERABILITY, TRANSFER OF THE CONTRACT AND WAIVER
This Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Agreement is determined by any competent court, arbitration tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Agreement shall be deemed severable to the extent of such invalidity, inapplicability or unreasonableness and other provisions. It will remain in full force and effect.
The Member will not be able to assign all or part of the rights or obligations in this Agreement without the prior written consent of the SELLER.
Failure of either of the Parties to use or to execute any right granted to it in the Contract will not mean that the said right is waived or it will not prevent the use or execution of that right later.
In case the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
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