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.