1. SUBJECT
The subject of this Sales Contract Preliminary Information Form covers the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation (RG: 27.11.2014/29188) regarding the sale and delivery of the product/products, the characteristics and sales price of which are specified below, sold by the SELLER to the ORDERING PARTY/BUYER. By accepting this preliminary information form, the BUYER accepts in advance that if the order subject to the contract is approved, it will be obliged to pay the order price and additional fees specified, such as shipping fee, tax, if any, and that it has been informed about this.
2. SELLER INFORMATION
Title : Orka Promosyon Oyuncak Ltd. Şti.
Address : Kayabaşı Mah. Ulubatlı Hasan Cad. No:2-0 Girişkaya Şehir Sit. C7 Blok D:3, 34494 Başakşehir/İstanbul
Phone : (0212) 659 78 41
Fax : (0212) 659 78 41
Email : info@kindandtales.com
3. BUYER INFORMATION (Hereinafter referred to as BUYER.)
Delivery person : {_recipientname_} {_recipientsurname_}
Delivery Address : {_deliveryaddress_}
Phone : {_recipientphone_}
Email/username : {_recipientmail_}
4. PRODUCT/PRODUCTS INFORMATION SUBJECT TO CONTRACT
4.1 The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Service are available on the SELLER's website. You can review the basic features of the product during the campaign period. Until the campaign date
valid.
4.2 The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
4.3 The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
{_productinformation_}
Shipping Amount: {_cargo_}
Payment Method and Plan: {_paymentmethod_}
{_paymenttable_}
Delivery Address: {_deliveryaddress_}
Invoice Address: {_invoiceaddress_}
Order Date: {_date_}
5. GENERAL PROVISIONS
5.1. BUYER accepts, declares and undertakes that he/she has read the basic characteristics of the contracted product, sales price and payment method and preliminary information regarding delivery on the SELLER's website, that he/she is informed and that he/she has given the necessary confirmation in electronic environment. BUYER; confirms the Preliminary Information in electronic environment, the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, the basic characteristics of the ordered products,the SELLER accepts, declares and undertakes that it has obtained the price including taxes, payment and delivery information correctly and completely.
5.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
5.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any, free from any defects, in accordance with the requirements of the legal legislation, in accordance with the standards, to perform the work in accordance with the principles of honesty and integrity with the information and documents required by the work, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
5.4. SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
5.5. SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service ordered and cannot fulfill its obligations under the contract, it will notify the consumer in writing within 3 days from the date it learns of this situation and will return the total price to the BUYER within 14 days.
5.6. BUYER accepts, declares and undertakes that it will confirm this Preliminary Information Form electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the bank records, SELLER's obligation to deliver the product subject to the contract will end.
5.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
5.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that occur beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive event is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a lump sum within 14 days in payments made by the BUYER in cash. In the case of payments made by the BUYER by credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is completely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
6. INVOICE INFORMATION
Name/Surname/Title : {_recipientname_} {_recipientsurname_}
Address : {_deliveryaddress_}
Phone : {_recipientphone_}
Email/username : {_recipientmail_}
Invoice delivery : The invoice will be delivered to the invoice address with the order during order delivery.
7. RIGHT OF WITHDRAWAL
7.1. In distance contracts related to the sale of goods, the BUYER may exercise the right to reject the goods and withdraw from the contract without assuming any legal or criminal liability and without giving any reason, provided that he notifies the SELLER, within 14 (fourteen) days from the date of delivery of the product to him or to the person/institution at the address he indicated. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's approval before the end of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
7.2. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of exercising this right,
7.2.1 The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
7.2.2. Return form,
7.2.3. The products to be returned must be delivered complete and undamaged, together with their boxes, packaging, and standard accessories, if any.
7.2.4. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the notice of withdrawal, and to take back the goods within 20 days.
7.2.5. If the value of the goods decreases due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his/her fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to improper use of the goods or product during the right of withdrawal period.
7.2.6. If the campaign limit amount set by the SELLER falls below the amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
8.1. a) Contracts concerning goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts concerning goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts concerning the delivery of goods that are perishable or whose expiration date may have passed.
ç) Contracts concerning the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts concerning books, digital content, computer consumables, data recording and data storage devices presented in a physical medium if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.
g) Contracts for accommodation, goods transportation, car rental, food and beverage supply and leisure time for entertainment or recreation that must be made on a specific date or period.
ğ) Contracts for services performed instantly in an electronic environment or intangible goods delivered to the consumer instantly.
h) Contracts for services that begin to be performed with the consumer's approval before the end of the right of withdrawal period.
Cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, intact and unused in order to be returned.
8.2. The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:
As of 28/05/2014:
a) In accordance with Article 68 of the Law No. 6502 on the Protection of Consumers, in disputes with a value of less than 2,000.00 (two thousand) TL, to the district consumer arbitration committees,
b) In disputes with a value of less than 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are applied to the provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
SELLER:
BUYER: {_buyername_} {_buyersurname_}
DATE: {_date_}
Türkçe
Engilish