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Distant Sales Contract

Article 1 - Parties

1.1. Seller

NAME

: EUROSANTEX

ADDRESS

:

Ümraniye/İSTANBUL

TEL

:

E-MAIL

:

info@sportsafetyshoes.com

MERSIS NO

:


1.2. Buyer

Information about the person buying the product

Article 2 - Subject - Distant Sales Contract

The subject of this Contract is the determination of the rights and liabilities of the Parties related to the sales and delivery of the products/services, which the Buyer has ordered in the electronic environment via the Seller's website www.sportsafetyshoes.com, and of which the specifications and sales prices are stated hereunder, pursuant to the provisions of the Consumer Protection Law No. 4077 and the Regulation on the Contracts.

The Buyer agrees and declares that he/she was informed by the Seller in a clear and understandable manner in accordance with the internet environment about the 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, all preliminary information about the goods subject to sale, delivery conditions and costs etc., and exercising the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc., and confirms this preliminary information electronically and then ordered the goods, in accordance with the provisions of this Contract.

The preliminary information on the website www.sportsafetyshoes.com and the invoice issued upon the order placed by the Buyer are integral parts of this Contract.

Article 3 - Subject of the Contract - Payment/Delivery Information

The kind and type, quantity, brand/model, sales price, payment method, person to receive the delivery, delivery address, invoice information and shipping fee of the product/products purchased electronically are as follows. The person to be invoiced and the person concluding the Contract must be the same.  The information below must be accurate and complete. The Buyer agrees to fully cover any damages that may arise from situations where this information is incorrect or incomplete, and the Buyer also accepts any liability that may arise from this situation.

In cases where the Seller deems it necessary, if the information provided by the Buyer does not correspond to reality, the Seller reserves the right to stop the order. In cases where the Seller detects a problem with the order and cannot reach the Buyer through the telephone, e-mail and mail addresses given by the Buyer, the Seller freezes the execution of the order for 15 (fifteen) days. The Buyer is expected to contact the Seller regarding the issue during this period. If no response is received from the Buyer within this period, the Seller cancels the order to prevent damage to both parties. 

Products purchased at the time of order
Payment method information selected at the order stage

Article 4 - Date of the Contract and Force Majeure

The date of Contract is the date when the order is placed by the Buyer. 

Situations (such as natural disasters, warfare, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.) that do not exist or are not foreseen at the time of signing of the Contract, that progress beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfil their obligations and responsibilities within the scope of  the Contract or to fulfil them on time, shall be considered as force majeure. The party on which the force majeure occurs shall notify the other party immediately in written. 

During the continuation of the force majeure, the parties shall not have any liability due to their failure to fulfil their obligations. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate unilaterally.

Article 5 - Rights and Obligations of the Seller - Distant Sales Contract

5.1. The Seller agrees and undertakes to fully fulfil the obligations imposed on the Seller in the contract in accordance with the provisions of the Law on Consumer Protection No. 4077 and the Regulation on Distant Sales Contracts, except for cases of force majeure.

5.2. Persons under the age of 18 (eighteen) may not shop at www.sportsafetyshoes.com. The Seller shall assume that the age stated by the Buyer in the Contract is correct.  However, the Seller may not be held responsible in any way if the Buyer writes his/her age incorrectly.

5.2. EUROSANTEX shall not be responsible for price inaccuracies caused by system errors. Accordingly, the Seller shall not be responsible for any promotional or price errors that may occur due to the system, design or illegal interventions on the website. The Buyer may not make a claim against the Seller based on system errors. 

5.3. You can shop at www.sportsafetyshoes.com by credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which money transfer is failed to be made within one week from the order date shall be cancelled.  The time of taking orders into processing is not the moment when the order is placed, but the moment when the relevant collection is made from the credit card account or the transfer (EFT) is determined to reach the bank accounts.  Payment methods such as collect payment or postal check made without consulting customer services shall not be accepted.

Article 6 - Rights and Obligations of the Buyer - Distant Sales Contract

6.1. The Buyer agrees and undertakes to fully fulfil the obligations imposed on the Buyer in the Contract, except for cases of force majeure.

6.2. By placing an order, the Buyer accepts and undertakes that he/she is deemed to have accepted the terms of the business contract and shall make the payment in accordance with the payment method specified in the Contract.

6.3. The Buyer agrees and declares that he/she is informed via www.sportsafetyshoes.com in a clear and understandable manner in accordance with the internet environment about the 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, all preliminary information about the goods subject to sale, delivery conditions and costs etc., and exercising the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc., and confirms this preliminary information electronically in accordance with the provisions of this Contract. 

6.4. In accordance with the previous article, the Buyer declares that he/she has read and been informed of the order/payment/use procedure information, including product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made, and has given the necessary confirmation in electronical environment.

6.5. If the Buyer wishes to return the product he/she purchased, he/she agrees and undertakes not to damage the product and its packaging under any circumstances, as it would not be suitable for health and hygiene, and to return the original invoice and delivery note at the time of return.

 

Article 7 - Order/Payment Procedure

Order: Distant Sales Contract

Once the VAT included amount of the products added to the shopping cart (total instalment amounts in instalment transactions) is approved by the Buyer, it is processed through the POS of the relevant bank card.
Therefore, before orders are shipped, an order confirmation e-mail is sent to the customer first. No shipment shall be made until an Order Confirmation e-mail is sent.

Any disruption in the process or problems that may arise with the credit card shall be notified to the Buyer by using one or more of the phone/fax/e-mail methods specified in the Contract. If necessary, the Buyer may be asked to contact his/her bank. The time of taking orders into processing is not the moment when the order is placed, but the moment when the relevant collection is made from the credit card account or the transfer (EFT) is determined to reach the bank accounts.

Exceptionally, if it is understood that the goods subject to the Contract cannot be supplied for a justified reason and/or a stock problem is encountered, provided that the Buyer is immediately informed clearly and understandably and gives approval, another good of equal quality and price may be sent to the Buyer, or in line with the Buyer's desire and choice, a new product may be sent, it may be waited for the product to enter the stock or for the other obstacle to delivery to be eliminated and/or the order may be cancelled.

In cases where it becomes impossible to fulfil the delivery obligation of the goods subject matter of the contract, the Buyer shall be informed of this situation, the total price paid and any documents that put the Buyer in debt, if any, shall be returned to the Buyer within ten days at the latest and the Contract shall be cancelled. In such case, the Buyer shall not claim any additional material or moral damage from the Seller. 

Payment: Distant Sales Contract

At www.sportsafetyshoes.com, buyers who do not want to use their credit card information online are offered the opportunity to order via cash transfer. When paying by bank transfer, the Buyer can choose the bank that best suits him/her and make the transfer. If EFT has been made, the date of transfer to the account shall be taken into account. When making a bank transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written. 

If, not due to the Buyer's fault but the unfair or unlawful use of the Buyer's credit card by unauthorised persons after the delivery of the product, the relevant bank or financial institution does not pay the price of the product to the Seller, the Buyer shall be obliged to send the product delivered to him/her back to the Seller within 10 days. In such cases, the shipping costs shall be borne by the Buyer.

If the Buyer has chosen to pay by credit card, the Buyer agrees, declares and undertakes that it shall confirm from its bank the relevant interest rates and the information on relevant default interest, and that the provisions related to the interest and default interest shall be applied within the scope of the "Credit Card Contract" between the Bank and the Buyer pursuant to provisions of legislation in force.

Article 8 - Shipment/Delivery Procedure

Shipment: Distant Sales Contract

Once the order confirmation e-mail is sent, the product/products are delivered to the Seller's contracted cargo company.

Delivery: Distant Sales Contract

The product/products shall be delivered to the Buyer's address by the Seller's contracted cargo company.  The delivery time shall be 30 days from the sending of the Order Confirmation e-mail and establishment of the Contract. Provided that the Buyer is notified in advance in written or via a permanent data carrier, this period may be extended by ten days in maximum. 

Products are sent to regions where cargo companies do not do delivery to the address, with telephone notification.

In regions where the cargo companies do delivery once a week, in cases such as inaccuracies and omissions in the shipping information, particular social events and natural disasters, there may be a delay in the specified period of delivery. The Buyer may not impose any liability on the Seller due to such delays.  If the product is to be delivered to a person/organisation other than the Buyer, the Seller shall not be responsible for extra shipping costs that may arise from the person/organisation to be delivered not accepting the delivery, inaccuracy in the shipping information and/or the absence of the Buyer. If the product/products have not reached the customer within the specified days, delivery problems must be reported immediately to customer services with the e-mail address info@sportsafetyshoes.com.

In case of damaged packages, the packages which have been damaged must not be accepted, and a report must be issued by the cargo officer. If the cargo company's officer has the opinion that the package is not damaged, the Buyer shall have 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. Once the package is received by the Buyer, it is accepted that the Cargo Company has completely fulfilled its duty. If the package is not accepted and a report is issued, the situation must be reported to the Seller's Customer Services as soon as possible, with the copy of the report remaining with the Buyer. 

Article 9 - Procedure for Product Return and Right of Withdrawal

Product Return: Distant Sales Contract

The Buyer has the right to withdraw from the Contract within fourteen days after receiving the goods, without giving any reason and without paying any penalty. In order to carry out the refund transactions in accordance with the General Communiqué of the Tax Procedure Law No. 385, the Buyer must complete and accurately fill in the return sections at the bottom of the two invoices issued by the Seller and delivered with the goods, sign them, send one copy to the Seller along with the product, and keep the counter-copy. The right of withdrawal period starts from the day the products are delivered to the Buyer. The shipping cost of the returned product/products must be borne by the Buyer.

There is no right of withdrawal for goods prepared in line with the Buyer's requests and/or personal needs.

If the Buyer exercises his/her right of withdrawal, the Seller shall return the total price received and any documents that put the consumer in debt, if any, within ten days from the receipt of the invoice containing the withdrawal notification together with the product, without incurring any costs to the consumer.

The decrease in the value of the delivered goods or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the Seller must compensate the value of the goods or the decrease in value. 

The general period of return for each product is 14 days. During this period, since the products whose packaging has been opened, used, destroyed, etc. may not be suitable for health and hygiene, they shall not be accepted. Returns must be made with the original packaging.

Due to the fact that it may be unsuitable for health and hygiene, in cases where any opening, deterioration, breakage, destruction, tearing, use or other situations are detected in the purchased product and its packaging, and if the product cannot be returned in the same condition as when it was delivered to the Buyer, the product shall not be returned and the price shall not be refunded. 

For product returns, the situation must first be reported to the customer services. Information about sending the product for return is communicated to the customer by the Seller. After this meeting, the product must be delivered to the Seller, together with the invoice containing information regarding the return, through the cargo company that delivered the product to the Buyer's address. If the returned product delivered to the Seller meets the conditions specified in this Contract, it shall be accepted as a refund and the refund shall be made to the Buyer's credit card/account. No refund shall be made unless the product is returned.  The period of time for refunds made to the Credit Card to be deposited to the credit card accounts is at the discretion of the relevant bank. 

If the purchase is made by credit card and in instalments, the refund procedure to the credit card shall be applied as follows:  The number of instalments that the Buyer requests the purchase of the product shall be the number of instalments that the Bank shall make the refund to the Buyer. After the Seller pays the entire product price to the bank in a lump sum, if the instalment expenditures made through Bank POS devices are refunded to the Buyer's credit card, the requested amounts of refund shall be transferred by the Bank to the holder's accounts in instalments in order to prevent the parties involved from suffering the situation. Unless the refund date and the card's cut-off dates coincide, 1 (one) refund shall be deposited on the card every month for the instalment amounts paid by the Buyer until the cancellation of the sale. After the instalments of the sale are completed, the Buyer shall receive the instalments he/she paid before the return, for an additional month equal to the number of instalments he/she paid before the return, and such amounts shall be deducted from the current debts.

In case of return of goods and services purchased by card, in accordance with the Contract concluded with the Bank, the Seller may not pay the Buyer in cash. In case of a refund transaction, the member business (the Seller) shall make the refund through the relevant software, and since the member business (the Seller) is obliged to pay the relevant amount to the Bank in cash or on account, in accordance with the procedure detailed above, the payment may not be made to the Buyer in cash. The refund to the credit card shall be made by the Bank in accordance with the above procedure, after the Buyer pays the amount to the Bank in one lump sum.

You can return the products you want to the address specified on the website www.sportsafetyshoes.com.

Exceptions to the right of withdrawal

Unless otherwise agreed by the parties, the consumer may not exercise its right of withdrawal in the following contracts:

a) Contracts related to the goods or services, the prices of which vary depending on the fluctuations in financial markets and which are not under the control of the Seller or provider,

b) Contracts related to the goods prepared in line with the consumer's wishes or personal needs,

c) Contracts related to the goods that can quickly deteriorate or expire,

c) Contracts related to the goods, the protective elements such as packages, tapes, seals of which are opened after delivery, and which are not suitable to return in terms of health and hygiene,

d) Contracts related to the goods which are mixed with other products after delivery and which are not possible to be separated by their nature,

e) Contracts related to books, audio or video recordings, software programs and computer consumables provided in material environment provided that the protective elements such as packages, tapes, seals and boxes of the product are opened by consumers,

f) Contracts related to the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement,

g) Contracts to be concluded on a specific date or period for accommodation, transport of goods, car rental, food and beverage supply and the use of leisure time for fun or recreational purposes,

h) Contracts related to the services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,

i) In contracts related to the services, the performance of which has been started upon the confirmation of the consumer before the period of right of withdrawal is over.

Distant Sales Contract

Article 10 - Guarantee - Distant Sales Agreement

Products that are used and cleaned in accordance with the instructions for use are under guarantee for 2 years against all kinds of manufacturing defects under the following conditions:  The Seller's guarantee liability is valid only for consumers falling within the scope of Law No. 4077. For works of commercial nature, the provisions of the Turkish Commercial Code shall apply.
Article 11 - Warranty - Distant Sales Agreement

The information specified by the Buyer in this Contract and the information provided to the Seller for payment purposes shall not be shared by the Seller with third parties.
The Seller will be able to disclose this information only within the scope of administrative/legal obligation. If the Seller has the information requested within the scope of any judicial investigation with documented research capacity, it may provide it to the relevant authority.

Credit Card information shall never be stored. Credit Card information is only used to obtain authorisation by being transmitted securely to the relevant banks during the collection process and is deleted from the system after the provision.
Information such as the Buyer's e-mail address, postal address and telephone are used only by the Seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the Buyer upon his/her approval. 

Article 12- Courts and Enforcement Offices of Competent Jurisdiction

In case of disputes arising from the execution of this Contract, the Consumer Arbitration Committees and the Consumer Courts at the regions of residence of the Buyer and Seller shall govern up to the value declared by the Ministry of Industry and Commerce every year in December.

Upon execution of the order, the Buyer shall be deemed to have accepted all terms of this Contract. It is the date of acceptance of the Contract.