Distance Sales Agreement
1- PARTIES TO THE AGREEMENT
INFORMATION ABOUT THE SELLER
INFORMATION ABOUT THE BUYER
Regarding the Protection of Consumers numbered 6502, regarding the purchase/sale and delivery of the product(s) whose qualities and sales price are specified below, which the BUYER has ordered electronically from the SELLER's www.happyfolks.com.tr website (hereinafter referred to as the SITE) The subject of this agreement is to determine the mutual rights and obligations of the parties in accordance with the Law and the provisions of the Regulation on Distance Contracts published in the Official Gazette No. 27866 on 06.03.2011 and all other legal regulations and practices.
3- FEATURES OF THE GOOD/SERVICE
3.1 The type, type, quantity, model, color, sales price and delivery information of the product(s) are as follows. Namely;
The delivery of the Product/Products will be made to the BUYER's address specified above via the courier company. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, the BUYER shall bear all the costs incurred due to the late receipt of the product by the BUYER and the delay of the product in the cargo company and/or the return of the cargo to the SELLER.
Shipping Fee: Unless otherwise stated on the SITE, the shipping price is added to the total amount of the order and paid by the customer. It is not included in the product price.
3.2 Payment Method: Credit Card ………… in installments (Please read the explanations below)
In the above section, there is information about how many installments will be paid for the order total to be sent to your bank.
The BUYER accepts that since the forward sales are made only with the credit cards of the Banks, he will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER, in accordance with the provisions of the legislation in force, declares and undertakes. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank.
4.1. The BUYER declares that he/she has read and learned the basic features, sales price, payment method, delivery and other preliminary information of the product/s on the SITE and gives the necessary confirmation on these issues in electronic environment.
4.2. By confirming the preliminary information electronically, the BUYER confirms that the BUYER/Consumer, address, basic features of the ordered product/s, the price of the product/s in Turkish Lira including taxes, payment and delivery information are correct and complete before the conclusion of the distance contracts. .
4.3. The product/s subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within 3 working days, which is explained in the preliminary information on the SITE, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal period of 30 days. The SELLER reserves the right to extend an additional 10 (ten) days with written notification within the 30-day legal period for product delivery. If, for any reason, the Goods/Service price is not paid by the BUYER or the payment is canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the Goods/Services.
4.4. Shipping fee will be paid by the BUYER. If the SELLER has declared on the SITE that the delivery fee will be covered by himself, the delivery costs will belong to the SELLER. The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER, and for other reasons not caused by the SELLER, for the ordered product cannot be delivered to the BUYER under any name or name.
4.5. The SELLER is responsible for the delivery of the contracted product(s) intact, complete, with the qualifications specified in the order, with warranty documents and user manuals, if any.
4.6. The SELLER may supply different product/s of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
4.7. If the SELLER fails to fulfill its contractual obligations in the event that the delivery of the product(s) subject to the order becomes impossible, it shall notify the BUYER/Consumer before the contractual performance obligation expires and return the total amount collected to the BUYER in cash and in one form within 10 days.
4.8. For the delivery of the product/s, the preliminary information form must be confirmed electronically. If, for any reason, the price of the product/s is not paid or canceled in the bank records, the SELLER is relieved of its obligation to deliver the product.
4.9. In case the relevant bank or financial institution fails to pay the price of the product/s to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product/s, provided that the BUYER has been delivered to him/her. must return the product to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER. Otherwise, the BUYER accepts, declares and undertakes that he will resort to any means in order to compensate the SELLER for the amount of the product together with the interest.
4.10. If the SELLER cannot deliver the contractual product/s in due time due to force majeure, weather conditions preventing delivery, interruption of transportation and other extraordinary circumstances, it shall notify the BUYER. In this case, the BUYER may use one of the rights to (i) cancel the order, (ii) replace the product(s) subject to the contract with its precedent, and/or (iii) postpone the delivery time until the force majeure/blocking situation disappears. If the BUYER cancels the order, the total amount paid will be paid to him in cash and in full within 10 days. In the payments made by the BUYER by credit card, the product/s amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER assumes that it will not be possible for the SELLER to intervene in any way for possible delays and the SELLER is responsible for the time it will take for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account. He knows and accepts that it is not.
In cases where the BUYER uses his right of withdrawal, or when the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the Consumer by the decisions of the Arbitration Committee, if the shopping is made with a credit card and in installments, the procedure for returning to the credit card is as follows:
In product returns, only the product price is refunded, except for defective product returns, and there is no refund for the shipping fee paid at the time of order. In cases where your order amount falls below the free shipping limit as a result of product return, the shipping fee will be deducted from the refund amount and the remaining balance will be paid according to the total cost resulting from the return.
The bank can make the repayment to the BUYER in installments and with the number of installments in which the BUYER has purchased the product. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts can be transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and may be deducted from existing debts.
In the event of the return of goods and services purchased with a Credit Card, the SELLER cannot pay the Customer in cash in accordance with the contract it has made with the Bank. Refund to the credit card can be made by the Bank in accordance with the above procedure, after the SELLER pays the amount to the Bank at once.
In the door-to-door transfer/EFT payment options, the refund will be made in the form of money transfer and /EFT to the account specified by the Consumer (the account must be in the name of the person whose name is written on the invoice) by requesting bank account information from the Consumer.
STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement that the bank has made with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER and in any case, in the event that the BUYER defaults due to its debt, the BUYER agrees to pay the damages and losses incurred by the Seller due to the delayed performance of the debt.
RIGHT OF WITHDRAWAL FROM AGREEMENT
BUYER; In the distance contracts regarding the sale of the product/s, he/she can use his/her right to withdraw from the contract by rejecting the product/s without taking any legal or criminal responsibility and without giving any reason, within 14 (Fourteen) days from the date of delivery of the product/s to himself or the person/organization at the address indicated. The costs arising from the exercise of the right of withdrawal from the contract belong to the SELLER.
If the BUYER uses his right of withdrawal because the product is defective, the shipping fee is covered by the SELLER, otherwise the return shipping fee belongs to the BUYER. In case the SELLER pays the shipping fee, the SELLER's contracted cargo company will receive the product from the BUYER, the shipping fee for product returns sent with other cargo companies belongs to the BUYER.
In order to exercise the right of withdrawal from the contract, the SELLER must be notified by registered mail or e-mail within 14 days and the product must not be used in accordance with the provisions of Article 6 below.
The BUYER must first inform the SELLER that he will use his right of withdrawal. In case of exercising the right of withdrawal from the contract:
The product(s) delivered to the BUYER or the person/organization indicated by the BUYER
Important notice: If the invoice of the product/s to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.
(ii) its box, packaging, standard accessories, if any
It must be delivered complete and undamaged.
The SELLER shall 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 withdrawal notification, and will receive the product/s within 20 days.
If there is a decrease in the value of the product(s) or the return becomes impossible due to the BUYER's fault, the BUYER shall compensate the SELLER's losses at the rate of the BUYER's fault.
In case of falling below the campaign limit amount, if any, set by the SELLER due to the exercise of the right of withdrawal from the contract, the discount amount used within the scope of this campaign will be cancelled.
PRODUCT/S THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
Products that cannot be returned due to their nature; Returns are not accepted for disposable products, copyable software and programs, products that deteriorate rapidly or have a potential to expire. In addition, the BUYER cannot use the right of withdrawal in the following contracts.
- a) Service contracts in which the performance of the service is started with the approval of the consumer, before the expiry of the right of withdrawal.
- b) Contracts regarding goods whose prices are determined in the stock exchange or other organized markets.
- c) Contracts for the delivery of goods, which are prepared according to the wishes of the consumer or clearly in line with his personal needs, which are not suitable for return due to their nature and which are in danger of spoiling quickly or whose expiration date is likely to expire.
ç) Contracts for audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.
- d) Contracts for the delivery of periodicals such as newspapers and magazines.
- e) Contracts for the performance of betting and lottery related services.
- f) Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer.
In order for the products listed below to be returned, the product must be (i) unopened, (ii) intact, (iii) unused and (iv) untested.
REPORT IN CASE OF DELIVERY OF MISSING PRODUCTS
“In cases where the BUYER has more than one product in his order, shipments can be made in parts by the SELLER. The BUYER is obliged to check that the number of Products and the number of products specified in the invoice issued by the SELLER are the same during the delivery of the Product by the courier. A separate invoice is issued by the SELLER for each partial shipment. If the number of products specified in the invoice is not in the package or is found to be missing, the BUYER is obliged to request a report from the cargo officer. Otherwise, it will be accepted that the number of Products in the invoice is fully and completely delivered by the SELLER to the BUYER and the Products are received completely and completely by the BUYER.
DISPUTE SETTLEMENT AND AUTHORIZED COURT
In the implementation of the contract, the Consumer Arbitration Committees and the Consumer Courts in the place where the BUYER purchased the product/s or where the residence is located are authorized up to the value declared by the TR Ministry of Customs and Trade.
The SELLER can make its applications regarding complaints and objections to the Consumer Arbitration Committee or the Consumer Court in the place where the product/s are purchased or where the residence is located, within the monetary limits determined by the TR Ministry of Customs and Trade in December each year.
Information on the monetary limit is below.
Effective from 28.05.2014:
Pursuant to Article 68 of the Consumer Protection Law No. 6502, district consumer arbitration committees in disputes with a value below two thousand Turkish liras, provincial consumer arbitration committees in disputes under three thousand Turkish liras, and between two thousand Turkish liras and three thousand Turkish liras in metropolitan provinces. It is obligatory to apply to the provincial consumer arbitration committees in disputes between the Turkish Lira. No application can be made to consumer arbitration committees for disputes above these values.
Cloth Concept Home Textile Industry and Trade. Ltd. Sti.