DISTANCE SALES CONTRACT
1: PARTIES OF THE CONTRACT
This contract has been drawn up in accordance with the Regulation on the Implementation Procedures and Principles of Distance Contracts published in the Official Gazette dated 13.06.2003 and numbered 25137, in accordance with the obligation to conclude a contract for sales made over the web, and the articles are as follows.
1.1 - SELLER
Title : UTKAN EMEK SEÇGÄ°N US MÄ°MARLIK Ä°NÅžAAT DIÅž TÄ°CARET
Address : Küçükbahçe Mahallesi, Mercankoy Sitesi Sok., No:7-136/6, P.K.35960 Karaburun - Ä°ZMÄ°R
GSM: +90 530 823 52 05 / +90 532 170 14 81
e-mail : info@usmimarlik.com
e-commerce mail : info@elephantscraft.com
MERSIS : 2377753794400019
1.2 - BUYER
The personal information given on www.elephantscraft.com during the purchase order, is considered as the BUYER information.
2: SUBJECT OF THE CONTRACT
The subject of this Contract is to determine the mutual rights and obligations of the Parties hereto as per the provisions of the Act on the Protection of the Consumers and the Regulation on Distance Sales Contracts as well as all other applicable regulations and applications related to the sales/ purchase and delivery of the product(s) with the below stated properties and the sales price ordered by the BUYER via the electronic environment via the website www.elephantscraft.com of the SELLER. BUYER will be deemed to have accepted all the articles of this contract when the order occures.
3: GENERAL CONDITIONS
3.1- The BUYER accepts she/he has knowledge by reading about the basic specifications of the product, vat included sale price and payment terms and gives confirmation in electronic environment.
3.2- The product subject to the contract shall be delivered to the BUYER or to the person/company in the period claimed in the general terms not exceeding 30 days based on the location where the BUYER is located.
3.3- If the delivery is addressed to third party other than the BUYER, the SELLER is not responsible for non-acceptance of the delivery.
3.4- The SELLER is responsible for delivering the product in question unharmed, complete and as specified in the order.
3.5- This contract should be electronically accepted, signed and returned to the SELLER and the payment should be done by the BUYER, as chosen accordingly, for the delivery of the product. The SELLER is not responsible for delivery if the payment is not done or cancelled in bank records.
3.6- After the delivery of the product, if the BUYER's credit card is used illegally by third parties without the BUYER's knowledge and thus the bank refuse to pay the amount to the SELLER, the BUYER has to return the goods to the SELLER within three days. In this case, all cargo costs belong to the BUYER.
3.7- The SELLER need to inform the BUYER, if the SELLER can not make the delivery of the product within the specified period due to extraordinary conditions like natural disasters, weather conditions preventing the delivery. In this case, the BUYER has the right to cancel the order, change the product and/or postpone the delivery till the extraordinary effect is over. If the BUYER cancels the order, the cost of shopping will be paid in 10 days in cash at once.
3.8- This contract is valid after the “I read the agreement and I accept the terms” box is marked by the BUYER.
4: RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw without any legal or penal liability within 14 (fourteen) days from the delivery of the product subject to the contract to himself/herself or the person / organization at the address indicated.
For any use of right of withdrawal, it is required to send a notice to the SELLER "www.elephantscraft.com" by e-mail or phone within 14 (fourteen) days , and the relevant product should be unused/unopened, matching all package content, with all tags, labels in place and without any missing items as per the provisions of this article.
For the right of withdrawal to be accepted, It is necessary to return the original invoice with a copy of the cargo delivery document stating that the product delivered to the 3rd party or the BUYER has been sent to the SELLER.
If the invoice of the products was issued to a legal entity/company, it should be returned with the return invoice issued by the returning entity. The SELLER shall deliver the cost of the product to the BUYER within 15 days from the date of the notice of withdrawal.
If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The BUYER is responsible for the cargo costs of the products that are returned due to the right of withdrawal (the cargo costs on campaigns and gifts are included).
The right of withdrawal cannot be used for products that cannot be returned due to their nature; textiles, threads, ropes, disposable products, clothing, copyable software and programs, products that are quickly deteriorated or expired, the goods produced in accordance with the special requests and demands of the consumer or made personal by making changes or additions.
The use of the right of withdrawal is subject to the condition that the packaging of the product is unopened, intact and the product has not been used. If any decrease will occur in the value of the products for any reason attributable to the BUYER or if it will become impossible to return the product, the BUYER will indemnify the SELLER in line with its default.
5: FORCE MAJEURE
Circumstances that make it impossible to fulfill the responsibilities of the parties on time will be considered as force majeure (natural disasters, wars, terrorism, uprising, legislative provisions, seizures or strikes, lockouts, major malfunctions in production and communication facilities, power cuts...).The party facing force majeure shall notify the other party immediately with a letter. During the continuation of the force majeure, the parties will not be liable for failure to fulfill their obligations. If this force majeure situation continues for 10 (ten) days, each party will have the right to terminate unilaterally.
6: COURTS IN CHARGE
In the application of this contract, the Consumer Referee Committee or the Consumer Courts in SELLER's location are authorized.
7: ENFORCEMENT
This contract and its all articles shall be deemed to have accepted by the BUYER, once the payment for the order is placed on the relevant website "www.elephantscraft.com". The SELLER is obliged to make software arrangements to ensure that the BUYER cannot make an order or the payment without obtaining confirmation that it has been read and accepted by the BUYER.
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