Distance Sales Agreement
ARTICLE 1- PARTIES
1.1- SELLER:
NAME/TITLE: Rugselling (rugselling.com)
Kiltepe Mah. Defterdar Sok. No:5/A Yeşilyurt/MALATYA
EMAIL: support@rugselling.com
TEL: +90 554 475 23 52
1.2- BUYER:
Name/Surname/Title: _____________________
Address:_______________________________________________________________________________________________________________________________________________________________________
Telephone:_________________________________________
Email:_________________________________________
TR No:___________________________________________
ARTICLE 2- SUBJECT
The subject of this contract is in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER’s website rugselling.com the determination of the rights and obligations of the parties.
ARTICLE 3- THE PRODUCT SUBJECT TO THE AGREEMENT
History :___
Shipping Amount : ___
The type and type, quantity, brand/model color of the products are as stated above.
Payment method: _____________________________________
Delivery address: ____________________________________________________________________________________________________________
Pay chart
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares on the rugselling.com website that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract and has given the necessary confirmation in electronic environment.
4.2- The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s 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- If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In case the BUYER cancels the order, the amount paid is paid to him in cash and in full within 10 days.
4.8- Defective or damaged products of the products sold or not with the warranty certificate can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER.
5- RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts;
5.1. Consumer; has the right to withdraw from the contract within 14 (Fourteen) days from the date of receipt of the goods, without giving any reason and without paying any penal clause, in distance contracts for the sale of goods.
5.2. Can make the withdrawal notification in writing to support@rugselling.com. However, the buyer may use his right to withdraw from the contract under the same conditions, within the period between the conclusion of the contract and the delivery of the product. The notification that the right of withdrawal has been exercised must be in writing, and the proof of this notification belongs to the consumer.
5.3. In case the Buyer’s right of withdrawal is exercised, the original invoice regarding the goods/services delivered to the 3rd party or the Buyer must be returned to the Seller, and in case the invoice is not sent to the SELLER’s address specified in Article 1, VAT and other legal obligations, if any, are paid to the BUYER non refundable. The buyer shall sign the phrase “return invoice” on the invoice along with the product to be returned by taking advantage of this right.
5.4. In the determination of the right of withdrawal, the provisions of the law numbered 6502 and the regulation on distance contracts are valid. According to this; For products that are the subject of a single order and delivered separately, the day on which the consumer or a third person determined by the consumer receives the last item, for products consisting of more than one piece, the day on which the consumer or a third person determined by the consumer receives the last item.
5.5. The cases in which the consumer cannot use the right of withdrawal are as follows;
Products prepared in line with the wishes or personal needs of the consumer, products presented in material environment in case the protective elements such as packaging, tape seal package are opened after the delivery of the goods, products counted as periodicals such as newspapers and magazines, excluding those provided under the subscription agreement.
5.6. In the event that the consumer uses his right of withdrawal and makes this notification to the seller, the seller is obliged to return all the costs, including the costs, received for the product within 3 working days from the date of receipt of this notification in writing.
5.7. The consumer will not be responsible for any changes and deteriorations that occur when he/she returns the product within the withdrawal period, but only if he/she uses the product in accordance with its operation, technical specifications and usage instructions. However, if there is any damage or any defect in the product due to non-compliance with the instructions for use, contrary to the natural use of the product, the seller is not responsible for returning or changing the product.
5.8. If the consumer sends the goods back through the carrier, which the seller has indicated in the preliminary notification, that he has used his right of withdrawal, he will not have to pay any costs for the return. However, if it is sent with a different company other than the carrier company specified in the preliminary information, the shipping costs belong to the buyer. If the carrier company is not specified for the return in the preliminary information form, in this case, the carrier company preferred for the delivery of the product is considered to be preferred. However, if the said carrier company does not have a branch in the location of the buyer, no expense can be claimed from the buyer.
5.9. The consumer has to send the product back to the seller within ten (10) days at the latest from the date on which the right of withdrawal is directed to the seller. For products not sent within this period and for products sent after this period, the buyer will be deemed to have waived the return request and the return request will not be accepted. However, if the seller has declared that he will buy the product himself, then this provision does not apply.
- FINAL PROVISIONS
6.1. The BUYER, on the (rugselling.com) website, states that the basic characteristics of the product subject to the contract, the sales price including all taxes, the method of payment and the delivery and its costs will be covered by (rugselling.com), the delivery period and the full trade name of the SELLER, clear declares that he has read the preliminary information about the address and contact information and has the correct and complete information and gives the necessary confirmation in the electronic environment. The preliminary information form on the (rugselling.com) Website and the invoice for the sale are annexes and integral parts of this Agreement.
6.2. The distance sales contract concluded with you will be kept electronically by the Seller for 3 (three) years from the date of the contract. After the conclusion of this contract, the text of the contract will be sent to your e-mail.
6.3. 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.
6.4. In the event that the BUYER is in default in fulfilling its obligations, the BUYER accepts, declares and undertakes to pay all kinds of losses of the SELLER, except for the cases where the default due to the delayed performance is caused by the fault of the SELLER.
6.5. The Seller reserves the right to stop or cancel the order, provided that the buyer is informed if the information regarding the order is found to be incomplete, fake, inaccurate, or if it is determined that the order was made against good faith and/or for commercial gain, or if there is reasonable doubt. If the order is canceled, the payment will be refunded by notifying the buyer.
6.6. Due to force majeure circumstances that develop beyond the will of the seller, are unpredictable and prevent or delay the fulfillment of the debts of the seller, the product may not be delivered within the time limit. In these cases, the seller undertakes to inform the buyer. In this case, the buyer has the right to demand from the seller the cancellation of the order, the replacement of the product subject to the order with its precedent, and/or the postponement of the delivery until the situation that prevents it from being made within the time limit is eliminated.
6.7. For the delivery of the product subject to the contract, the sales price must be paid with the payment method 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. If for any reason the price of the delivered product is not paid to the Seller, the Buyer is obliged to return this product to the Seller’s address above within 3 days.
6.8. If a prescription is required for the delivery of the product subject to the contract, according to Law No. 5193. The BUYER is obliged to send the prescription before and after the order (rugselling.com) or to support@rugselling.com e-mail address. If the BUYER does not send the prescription, he is obliged to accept all financial penalties. The BUYER is responsible for delivering the prescription to the SELLER.
ARTICLE 7- AUTHORIZED COURT
All kinds of complaints and objections arising from the implementation of this contract are made to the Arbitration Committee for Consumer Problems at the place of residence of the Buyer or the place where the goods were purchased, according to the monetary value limits determined by the Ministry of Customs and Trade in December of each year. In so far, in cases where the Consumer Courts are in charge as the monetary limit, an application is made to the authorized Consumer Courts.
All Sellers are obliged to act in accordance with this regulation. It is a result of this regulation that all shipping costs and bank collection costs are left on the seller in case of withdrawal.
The law limits the refund to 14 days. A 3-day arrangement is legal, but an extension to 14 days would be in your favour.
This regulation is in compliance with the legislation and it is not possible to leave any of these obligations on the Consumer due to the legislation.
The law and the regulation make this regulation mandatory.
If a carrier company is not specified for the return in the preliminary information form, the return cost cannot be requested.
In such a case, the reasonable period and conditions of the refund should be written in advance payments.
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.
SELLER
Rugselling
RECEIVER