DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
Commercial Title: El Crea Designs – Evren KAPLAN
Address: Gazi Osman Paşa Mahallesi 2209. Sokak No: 5/A Gölbaşı / ANKARA
Phone: +90 536 201 71 48
Name and surname:
ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts under this Agreement. The subject of this contract is the goods/products with the qualifications specified in the contract, which the Buyer has ordered electronically for the purchase of the Seller's products, through www.elcreadesigns.com or domain names connected to the service provided ("Website") of El Crea Designs. The determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the service.
The conclusion of this contract will not prevent the performance of the provisions of the website membership agreements that the parties have individually concluded with El Crea Designs, and the parties do not assume that El Crea Designs is in any way a party in the sale of the product subject to this Agreement and that they have no responsibility and commitment regarding the fulfillment of the obligations of the parties under the Agreement. They acknowledge and declare that they do not exist.
ARTICLE 3 – CONTRACTUAL PROPERTY BASIS AND FOUNDATION
The type and type of product/products, quantity, brand/model, color and sales price and delivery information including taxes are as follows:
Payment Method and Plan: Via online virtual POS application with ……….Bank credit card …. moon …. (in writing …………………………………………….) TL monthly payment / cash ……….. TL payment
Maturity Difference Taken: …….
Interest rate used in the Maturity Difference account: % …
Shipments will start within 3 working days following the order. Shipment will be completed within (7) business days.
Persons to be Delivered:
ARTICLE 4 – DELIVERY AND DELIVERY OF GOODS
The contract has entered into force upon approval by the Buyer and is executed upon delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The goods/services will be delivered to the person(s) at the address specified by the Buyer in the order form and in this contract.
ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE
The delivery costs of the Goods/Services belong to the Buyer. If the Seller has declared on its website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; It is done in the promised time after the seller's stock is available and the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the order of the Goods/Services by the Buyer and reserves the right to extend an additional 10 (ten) days within this period with a written notification. If for any reason the Goods/Services fee is not paid by the Buyer or the payment made is canceled in the bank records, the Seller shall be deemed to be relieved of its obligation to deliver the Goods/Services.
ARTICLE 6 – BUYER'S REPRESENTATIONS AND COMMITMENTS
The Buyer declares that he has read the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the Website and has given the necessary confirmation in electronic environment. Buyers, as Consumers, can deliver their requests and complaints through the channels provided by the Seller contact information above.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer has confirmed that he has obtained the correct and complete information about the address to be given to the consumer by the Seller before the conclusion of the distance contracts, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information. It is possible.
Damaged, broken, torn packaging, etc., which will inspect the Contractual Goods/Services before the Buyer receives them. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the goods/services 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 Goods/Services, the Buyer must have been delivered to the Seller. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery expenses belong to the Buyer.
ARTICLE 7 – SELLER'S REPRESENTATIONS AND COMMITMENTS
The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the Seller is unable to deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, the Seller is obliged to notify the Buyer as soon as possible. Seller cannot be held responsible for not accepting delivery.
ARTICLE 8 – RIGHT TO REACH
The Buyer has the right to withdraw from the contract by refusing the goods or services within 7 (seven) days from the date of receipt or signing of the contract without any legal or penal liability and without giving any reason, and that the Seller will take back the goods from the date the withdrawal notification reaches the Seller. Seller commits. Notification of the right of withdrawal and other notifications regarding the contract can be sent through the seller's contact information, which belongs to the seller and is specified above.
BECAUSE EL CREA DESIGNS IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT, THE RIGHT OF WITHDRAWAL CANNOT BE USED AGAINST EL CREA DESIGNS OR A REFUND CANNOT BE REQUESTED FROM ELCREADEIGNS.COM.
In order to exercise the right of withdrawal, it is obligatory to notify the Seller within this period in accordance with the provisions of the legislation. In case of exercising the right of withdrawal:
a) It is obligatory to return the product delivered to the Buyer or the third party with the above information.
b) The box, packaging, standard accessories, if any, of the products to be returned within 7 (seven) days must be delivered complete and undamaged. Within 10 (ten) days following the exercise of the right of withdrawal and the access of the information, the product price is returned to the Buyer as paid. When returning the product to the Seller, the original invoice submitted to the Buyer during the delivery of the product must also be returned. Return shipping cost belongs to the Seller. The return section of the invoice to be returned with the product will be filled in and signed by the Buyer.
ARTICLE 9 – CIRCUMSTANCES OF THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be used in the following cases:
Before the expiration of the right of withdrawal, the service contracts in which the performance of the service has started with the approval of the Consumer.
Contracts for goods whose prices are determined on the stock exchange or other organized markets
Contracts for the delivery of goods that 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 pass.
Contracts for audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.
Contracts for the delivery of periodicals such as newspapers and magazines
Contracts for the performance of betting and lottery services
Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer.
ARTICLE 10 – DISPUTE RESOLUTION
If the consumers have problems with the Seller, if the Seller cannot solve the problem, they can submit their applications to the Arbitration Committee for Consumer Problems in the place where they purchased the product or where they reside; They will be able to apply to the Consumer Court in the place where they purchased the product or where their residence is located, regarding complaints and objections related to transactions with a product price of more than 1,161.67 TL.
In the third paragraph of Article 5 of the Regulation on Arbitration Committees for Consumer Problems published in the Official Gazette dated 01.08.2003 and numbered 25186, the lower monetary limit for the provincial arbitration committees operating in metropolitan provinces to be responsible and authorized to deal with disputes is 3.032.65 TL. .
ARTICLE 11 – PRICE OF GOODS/SERVICE
The cash or deferred price of the goods/services, the down payment price is included in the order form, but it is the price included in the invoice sent to the customer together with the sample invoice sent at the end of the order and the product. Discounts, coupons and other items made by the seller or by El Crea Designs are reflected in the selling price.
ARTICLE 11 – DEADLINE AND LEGAL RESULT
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 Seller's loss and damage due to the delayed performance of the debt.
ARTICLE 12 – NOTICES AND EVIDENCE AGREEMENT
All kinds of correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the Law. The Buyer agrees that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and El Crea Designs, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, final and exclusive evidence, and that this article will be in accordance with the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of Article 193.
ARTICLE 13 – EFFECT
This Agreement, which consists of 13 (thirteen) articles, was read by the Parties and concluded by being approved by the Buyer electronically and entered into force immediately.