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  2. Distance Sales Contract
Distance Sales Contract

ARTICLE - 1 PARTIES

1.1 SELLER

Title: SEİR Örme San. Tic. Ltd. Şti.
Address: Laleli Caddesi Azimkar Sokak No: 35 Laleli / Istanbul (Europe) / TURKEY
Phone: +90 212 516 31 41
Fax: +90 212 516 31 43
E-Mail Address: info@serianno.com.tr

1.2 BUYER

Name, Surname / Title:
Address:
Phone:
Fax:
E-Mail Address:

1.3 PRODUCT SPECIFICATIONS

1.4 PRODUCT DELIVERY PRICE INCLUDING ALL TAXES

ARTICLE - 2 SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions the Law No.6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product with the following qualifications and sales price, which the BUYER has ordered electronically from the website serianno.com.tr of the SELLER.

ARTICLE 3 - PRODUCT SUBJECT TO THIS CONTRACT, PRICE, PAYMENT AND DELIVERY

The Type of the Products (goods / services), Quantity, Brand / Model / Color, Unit Price and Sales Price and Payment (collection) Information and Delivery Information including the place of delivery notified by the BUYER are as specified in the invoice.

ARTICLE 4 - GENERAL PROVISIONS

4.1. The BUYER accepts, declares and undertakes that s/he has read the preliminary information about the basic specifications of the product subject to the contract, the sales price and the payment method and the delivery on the website of the SELLER, and gives the necessary confirmation in electronic environment. BUYER's; Confirming the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic specifications of the products ordered, the price of the products including taxes, and the payment and delivery information are accepted, declared and committed.

4.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or to the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

4.3. The SELLER shall deliver the product subject to the contract complete, in accordance with the qualifications specified in the order and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work in accordance with the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.

4.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.

4.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.

4.6. The BUYER accepts, declares and undertakes that it will confirm this Contract electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.

4.7. After the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or to the BUYER, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card, the BUYER accepts, declares and undertakes that s/he will return it to the SELLER within 3 days, with the shipping costs borne by the SELLER.

4.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within the period due to force majeure situations such as the occurrence of unforeseen and unpredictable situations that prevent and / or delay the fulfillment of the debts of the parties. The BUYER also has the right to demand from the SELLER to cancel the order, replace the product subject to the contract with a precedent, and / or postpone the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the amount of the product is paid to him in cash and in lump sum within 14 days in the payments made by the BUYER in cash. For the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER accepts, declares and undertakes that it cannot be held responsible and that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process.

4.9. The SELLER has the right to reach the BUYER’s address, e-mail address, land lines and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him / her by letter, e-mail, SMS, phone call and other means of communication, for marketing, notification and for other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.

4.10. The BUYER will inspect the contractual goods / service before receiving it and shall not accept the crushed, broken, torn packaging, etc. damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / services should not be used. The invoice must be returned.

4.11. In the event that the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER to provide the identity and contact information of the credit card holder, the credit card used in the order or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

4.12. The BUYER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification of the SELLER.

4.13. The BUYER agrees and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.

4.14. The BUYER cannot use the website of the SELLER in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

4.15. On the website of the SELLER, links may be provided to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided to facilitate the orientation of the BUYER and do not support any website or the person operating the website and do not constitute any guarantee for the information contained in the linked website.

4.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation for non-compliance with the membership Contract against the member.

ARTICLE - 5 RIGHT OF WITHDRAWAL

5.1. RECEIVER; In case the distance contract is related to the sale of goods, can use the right of withdrawal from the contract by refusing the product without any legal and criminal liability and without any justification, provided that the SELLER is notified within 14 (fourteen) days from the date of delivery to the person / organization at the address indicated.

In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts whose service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.

5.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. If this right is exercised,

  • a) The invoice of the product delivered to the 3rd person or to the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
  • b) Return form,
  • c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
  • d) The SELLER is obliged to return the total amount and the documents that put the BUYER under obligation within 10 days from the receipt of the withdrawal notice to the BUYER and to return the goods within 20 days.
  • e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of his/her fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the right of withdrawal.
  • f) If the campaign limit amount set by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

ARTICLE - 6 PRODUCTS THAT CANNOT BE USED FOR THE RIGHT OF WITHDRAWAL

For the goods that are prepared in line with the BUYER's request or explicitly personal needs and that are not suitable for return, underwear bottom pieces, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of deterioration or that are likely to expire, Products that are not suitable for health and hygiene to be returned if the package is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription Contract, Immediate performance in electronic environment The return of the services provided or the intangible goods delivered to the consumer instantly, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if unpacked by the BUYER, the right of withdrawal cannot be used in accordance with the Regulation.

In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the consent of the consumer.

Cosmetics and personal care products, underwear, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) are to be returned if and only if they are unpacked, untried and undamaged and they are not used.

ARTICLE - 7 DEFAULT AND LEGAL RESULTS

The BUYER agrees, declares and undertakes that, in the event that s/he defaults in the case of payment by credit card, the cardholder will pay interest within the framework of the credit card Contract with the bank and be liable to the bank.

In this case, the relevant bank may apply for legal remedies; The BUYER accepts, declares and undertakes that in case the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

ARTICLE - 8 COMPETENT COURT

Complaints and objections in disputes arising from this contract will be made to the arbitration committee or consumer court for consumer problems in the place where the buyer is located.

In case the order is realized, the BUYER is deemed to have accepted all the terms of the contract.

This Contract has been made for commercial purposes.

ARTICLE - 9 ENFORCEMENT

When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is realized.

SELLER: SEİR Örme San. Tic. Ltd. Şti.

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