Article 1- Parties
1.1. Seller
Name :
Address
Telephone:
Email :
1.2. Recipient
Name – surname/TC.No
Address
Telephone
Article 2- Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the SELLER’s https://pellecures.com website.
The buyer, the seller’s name, title, open address, telephone and other access information, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of ‘withdrawal’ and how to use this right, the official authorities to which they can send their complaints and objections, etc. that they have been informed by the seller in a clear, understandable and internet environment, confirms this preliminary information electronically and then orders the goods. accepts and declares that he / she accepts and declares in accordance with the provisions of this contract.
The preliminary information on https://pellecures.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Product / Payment / Delivery Information Subject to the Contract
The type and type, quantity, brand / model, sales price, payment method, delivery address, delivery address, invoice information, shipping fee of the product / products purchased electronically are as follows. The person to be invoiced and the person who makes the contract must be the same. The buyer agrees to fully cover the damages arising from the situations where this information is not correct or incomplete, and also accepts any liability that may arise from this situation.
The SELLER reserves the right to stop the order when it deems necessary, when the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER at the telephone, e-mail and postal addresses provided by the BUYER, it 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 in order to prevent damage to both parties.
Product(s) Received
Name, code : … quantity
Total Sales Price : …. -TL
Payment Method : Credit Card/Bank Transfer (EFT)
Person to be delivered :
Telephone number :
Address to be delivered :
Person / Organisation to Invoice :
Invoice Address :
Tax Office :
Tax Registration Number :
Shipping Fee : … -TL
Article 4- Contract Date and Force Majeure
The date of the contract is the date ../../…., which is the date of placing the order by the buyer.
Situations that do not exist or were not foreseen on the date of signing the contract, that develop beyond the control of the parties, that make it impossible for one or both of the parties to fulfil their obligations and responsibilities assumed by the contract partially or completely or to fulfil them on time, will be accepted as force majeure (Natural disaster, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party to whom force majeure occurs shall notify the other party immediately and in writing.
During the continuation of force majeure, no liability shall arise due to the failure of the parties to fulfil their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fulfil the obligations imposed on him in the contract in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop at ……………. The seller shall be based on the correct age of the buyer specified in the contract. However, the seller will not be held responsible in any way due to the buyer’s age misspelling.
5.2. https://pellecures.com is not responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for promotional and price errors that may arise from the system, design or illegal interventions that may be made to the website. The buyer cannot claim rights from the seller based on system errors.
5.3. https://pellecures.com can be purchased by credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within one week from the order date are cancelled. The processing time of the orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the money order (EFT) is received in the bank accounts. Payment methods such as postal order or postal cheque are not accepted without contacting customer service.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fulfil the obligations imposed on him in the contract completely except for 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 contract and that he/she will make the payment in accordance with the payment method specified in the contract.
6.3. The buyer accepts and declares that the name, title, open address, telephone and other access information of the seller from the website https://pellecures.com, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. all preliminary information about the goods subject to sale and the use of the right of ‘withdrawal’ and how to use this right, the official authorities to which they can send their complaints and objections, etc. He accepts and declares that he has information about the goods subject to sale in a clear, understandable and internet environment and that he has confirmed this preliminary information electronically.
6.4. Depending on the previous article, the Buyer declares that he / she has read and informed the pellecures.com order / payment / usage procedure information, including product order and payment terms, product usage instructions, precautions and warnings against possible situations, and declares that he / she has given the necessary confirmation electronically.
6.5. The buyer accepts and undertakes not to damage the product and its packaging in any way if he / she wishes to return the product he / she has received, and to return the original invoice and delivery note at the time of return.
Article 7- Order/Payment Procedure
Order
After the TL amount including VAT (total instalment amounts in instalment transactions) of the products added to the shopping basket is approved by the buyer, it is processed through the pos of the relevant bank card. For this reason, orders are processed
order confirmation mail is sent to the customer first. Shipment is not made without sending the Order Confirmation mail.
Any disruption in the process or problems that may arise with the credit card are notified to the buyer by using one or more of the telephone / fax / e-mail ways specified in the contract. If necessary, the buyer may be asked to contact his/her bank. The time of processing the orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or it is determined that the transfer (EFT) has reached the seller accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justifiable reason and / or if a stock problem is encountered, if the buyer is immediately informed and approved in a clear and understandable manner, another good of equal quality and price can be sent to the buyer or in line with the buyer’s desire and choice; another new product can be sent, the product can be expected to enter the stocks or other obstacles to delivery to be eliminated and / or the order can be cancelled.
In cases where it is impossible to fulfil the obligation to deliver the goods subject to the contract, the buyer shall be notified of this situation and the total amount paid and any documents that put him under debt, if any, shall be returned to him within ten days at the latest and the contract shall be cancelled. In such a case, the buyer shall not claim any additional material and moral damage from the seller.
Payment:
In https://pellecures.com, ordering options with cash transfer are offered to buyers who do not want to use their credit card information in the internet environment. In payment by wire transfer, the buyer can choose the most suitable bank and make the transfer. If EFT is made, the date of receipt will be taken into account. When making a transfer and / or EFT, the ‘Sender Information’ must be the same as the Invoice Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card belonging to the Buyer by unauthorised persons in a way not caused by the fault of the Buyer, the Buyer is obliged to send the product delivered to him to the Seller within 10 days. In such cases, transport expenses belong to the Buyer.
If the Buyer has preferred to pay by credit card, the BUYER agrees, declares and undertakes that the relevant interest rates and information about the default interest will be confirmed separately from the bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the ‘Credit Card Agreement’ between the Bank and the BUYER.
Article 8- Shipment/Delivery Procedure
Shipment
With the sending of the order confirmation e-mail, the product / products are given to the shipping company contracted by the seller.
Delivery:
The product / products will be delivered to the buyer’s address by the cargo contracted by the seller. The delivery period is 30 days from the sending of the order confirmation mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the buyer is notified in advance in writing or by a continuous data carrier.
The products are sent with telephone notification to the regions where the Cargo companies do not deliver to the address.
In the regions where the Cargo Company delivers one day a week, in case of inaccuracies and deficiencies in the dispatch information, in cases such as some social events and natural disasters, there may be a sagging in the specified day period. The buyer cannot impose any responsibility on the seller due to these sags.
If the product will be delivered to a person/organisation other than the Buyer, the seller is not responsible for the extra shipping costs that may arise from the person/organisation to be delivered not accepting the delivery, inaccuracy in the dispatch information and / or the Buyer’s absence. If the product / products have not reached the customer within the specified days, delivery problems should be reported to customer service immediately by using the e-mail address iletişim@…………….com.
In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to have the package opened there to check that the products are delivered undamaged and to request that the situation be determined by a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fully fulfilled its duty. If the package is not accepted and a report is made, the situation must be reported to the seller Customer Service 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 Returns:
The buyer has the right to withdraw from the contract within seven days after receiving the goods without any justification and without penalty. In accordance with the 385 numbered general communiqué of the tax procedure law, in order to make the return transactions in accordance with the general communiqué of the tax procedure law, the buyer must fill in the return sections at the bottom of the 2 invoices of the seller delivered with the goods completely and correctly, sign and send one copy to the seller with the product and keep the other copy in his possession. The cost of returning the returned product or products must be borne by the buyer.
There is no right of withdrawal for goods prepared in accordance with the wishes of the buyer and / or clearly in line with his personal needs.
In the event that the buyer exercises the right of withdrawal, the seller shall return the total price received and any documents that put the consumer under debt, if any, within ten days at the latest from the receipt of the invoice containing the withdrawal notification together with the product, without any expense to the consumer.
The decrease in the value of the delivered goods or the existence of a reason that makes the 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 seller for the value or decrease in the value of the goods.
The general return period is 7 days for each product purchased by mistake. Within this period, the return of unpacked, used, destroyed, etc. products is not accepted. The return must be made with the original packaging.
In cases where any opening, deterioration, breakage, breakage, destruction, destruction, tearing, use and other situations are detected in the product and its packaging, and if the product cannot be returned in the state in which it was delivered to the buyer, the product is not returned and the price is not refunded.
For the return of the product, the situation must first be communicated to customer service. The information about sending the product as a return is forwarded to the customer by the seller. After this meeting, the product must be delivered to the seller through the Cargo company that delivers to the buyer’s address together with the invoice containing information about the return. If the returned product reaching the seller meets the conditions specified in this contract, it is accepted as a return, and the refund is made to the buyer’s credit card / account. No refund is made without returning the product. The period of reflection of the returns made to the Credit Card to the credit card accounts is at the disposal of the relevant bank.
If the purchase is made by credit card and in instalments, the credit card refund procedure will be applied as follows: If the buyer has requested to purchase the product in instalments, the Bank shall refund the buyer in instalments. After the seller pays the full amount of the product price to the bank in one go, in case of the refund of the instalment expenditures made from the Bank’s poses to the buyer’s credit card, the requested refund amounts are transferred to the bearer party accounts by the Bank in instalments in order to prevent the parties involved in the matter from being aggrieved. The instalment amounts paid by the buyer until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month, and the buyer will receive the instalments paid before the return after the instalments of the sale are over, as many months as the number of instalments paid before the return and will be deducted from the existing debts.
In case of the return of the goods and services purchased with the card, the seller cannot pay the buyer in cash in accordance with the contract with the Bank. In case of a return transaction, the merchant, i.e. the seller, will make the return through the relevant software, and since the merchant, i.e. the seller, is obliged to pay the relevant amount to the Bank in cash or in offset, the buyer cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer pays the price to the Bank in one go.
Article 10-Guarantee
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against all kinds of production defects under the following conditions: The warranty responsibility of the seller is only valid for consumers within the scope of the law numbered 4077. The provisions of the Turkish Commercial Code shall apply for commercial works.
Article 11- Confidentiality
The information specified by the buyer in this contract and the information notified to the seller for the purpose of making payment will not be shared by the seller with third parties.
The seller will be able to disclose this information only within the framework of the existence of administrative / legal obligation. Within the scope of any judicial investigation with documented research capacity, the seller may provide the relevant authority if he / she has the information requested from him / her.
Credit Card information is never stored, Credit Card information is only used for obtaining a provision by securely transmitting it to the relevant banks during the collection process and is deleted from the system after the provision.
Information such as e-mail address, postal address and telephone of the buyer is only used by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information may be sent to the buyer after approval.
Article 12- Authorised Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the application of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the Buyer or the Seller are authorised up to the value announced by the Ministry of Industry and Trade in December each year.
In case the order is realised, the Buyer is deemed to have accepted all the terms of this contract. …/…/…
