1. CONTRACT PARTIES
1.1 SELLER:
Title : Ömür Gültepe
Central Registration : 10725003682 – Maslak
Address : Yeşilce Mah. Dalgıç Sok. No:6 D:1 Seyrantepe Kağıthane İstanbul, Turkey
Telephone : +90 532 677 70 00
Email : hello@fuutursuz.com
1.2 BUYER:
Name/Surname: [fatura-isim]
Company Name: [fatura-firma]
Address: [fatura-adres]
Telephone: [telefon]
Email: [eposta]
2. SUBJECT OF AGREEMENT
The subject of this agreement is the determination of the rights and obligations of the parties related to sales and delivery of the goods/service that the Buyer places and order from fuutursuz.com website of the Seller in the electronic environment, have characteristics mentioned in the agreement and also its price is mentioned in the agreement in accordance with the provisions of Consumer Protection Law No. 4077 and Regulation on Implementation Principles and Procedures of Distance Agreements.
The Buyer accepts and declares that he has knowledge of basic characteristic of the goods/services subject to sale, sales price, mode of payment, delivery conditions etc. and all preliminary information regarding the goods/service and “right of withdrawal”, he confirms this preliminary information in the electronic environment and then he place order for these goods/service in accordance with the provisions of this agreement.
The preliminary information in the payment page of the fuutursuz.com website and invoice are integral part of this agreement.
3. AGREEMENT DATE
These two copies of the contract previously approved by the seller have been accepted by approving by the buyer on [date] and a copy of it shall be sent to the mail address of the buyer.
4. DELIVERY OF GOODS/SERVİCES, PLACE OF EXECUTION OF THE AGREEMENT AND MODE OF DELIVERY
The goods/service shall be delivered to the to the [cargo-address] address requested by the buyer through contracted cargo company of the seller.
5. COST AND EXECUTION OF DELIVERY
If the Seller has announced on its website that the delivery charge of those who shop above the amount announced will be covered by itself or that it will make free delivery within the scope of the campaign, the delivery charge is covered by the seller. The delivery is made via contracted cargo company as soon as possible after the stock is available and the cost of the product is transferred to the seller’s account. The Seller delivers the goods/services within 30 (thirty) days as of the date of placing order and reserves the right to extend an additional 10 (ten) days with written notification within this period. If the goods/services are not paid due to any reason or is cancelled in the bank records, the seller is deemed to be released of the obligation to deliver the goods/services.
6. RIGHTS AND OBLIGATIONS OF THE BUYER
The buyer shall inspect the contract goods/services before receiving them and shall not receive crush, broken, torn packaging etc. damages and defective goods/service from the cargo company. The received goods/service shall be deemed as to be undamaged and in good state. The obligation to meticulously protect the goods /service after delivery is pertaining to the buyer. If the right of withdrawal will be used, the goods/service should not be used. The invoice should be returned. If the relevant bank or financial institution does not pay the goods/services to the seller due to the unfair or unlawful use of the credit card of the buyer by unauthorized persons with the reason not caused by the fault of buyer after the delivery of the goods / service, the Buyer is obliged to send the goods/service to the seller within 3 (three) days provided it has been delivered to him. In this case, the delivery charge is pertaining to the buyer.
7. RIGHTS AND OBLIGATIONS OF THE SELLER
The Seller is obliged to deliver the contract goods/service as solid, complete, conforming to the specifications mentioned in the order and if any, with warranty certificate and user manuals. If the contract goods/service will be delivered to another person/institution other than the buyer, the seller may not be held responsible from not accepting the delivery by the person/institution to whom the goods/service will be delivered.
The Seller returns the cost of goods/service and if any, the valuable papers to the buyer within 14 (fourteen) days after the notification of withdrawal is received.
The Buyer is obliged to send the goods to the seller back within 10 (ten) days as of the date on which the notification regarding the right of withdrawal is submitted to the seller.
With reasonable grounds, the Seller may supply the goods with same quality and price to the buyer before expiry of the agreement. If the Seller deems that the fulfillment of the goods/service is impossible, he informs the buyer before expiry of the agreement.
The defective or broken goods/service sold regardless without or without warranty may be sent to the seller for necessary repair within the warranty period, in this case, the delivery charges shall be covered by the seller.
8. FEATURES OF CONTRACT GOODS/SERVICE
The name, model, type, quantity, brand/model, colur, sales value and mode of payment and other sales characteristics of the of the product purchased are as mentioned in the information on the goods/service introduction page on the fuutursuz.com website, this agreement and on the invoice, which is considered an integral part of this agreement.
Products:
[urun-listesi]
Cart amount: [sepet-tutar]
Tax amount: [vergi-tutar]
Total Amount: [toplam-tutar]
9. CASH PRICE OF THE GOODS /SERVICE
The key features of the goods or services are available in fuutursuz.com. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a while are also valid until the end of the specified time. All taxes of contract goods or service are included in the sales price.
The cash price of the goods /service is available in the sample invoice sent via mail at the end of the order and in the content of the invoice sent to the customer with the product.
10. FORWARD PRICE
The forward price of the goods/service according to the installments made is available in the sample invoice sent via mail at the end of the order and in the content of the invoice sent to the customer with the product.
11. INTEREST
It may not be more than interest rate determined by the Republic of Turkey and under all circumstances, cannot be more than 0. The Buyer is accountable to the bank that he works.
12. ADVANCE PAYMENT
The down payment amount is available in the sample invoice sent via mail at the end of the order and in the content of the invoice sent to the customer with the product.
13. PAYMENT PLAN
In case the buyer makes installment shopping by credit card, the installment method chosen from the site is valid. In installment transactions, the relevant provisions of the agreement signed between the buyer and the cardholder bank are applied. The payment date of the credit card is determined by the provisions of the agreement between the bank and buyer. The Buyer also may follow up the number of installments and his payments from the bank statement sent by the bank.
14. RIGHT OF WITHDRAWAL
The Buyer may use the right of withdrawal within 14 (fourteen) days as of the date of delivery of the contract goods /service to him or the person / institution at the address indicated by him.
In order able to use the right of withdrawal, it is essential to notify to the customer service of the service by e-mail or telephone within the same period and the goods/services have not been used within the framework of the provisions of Article 15 and in accordance with the preliminary information published on the fuutursuz.com website which is an integral part of this agreement.
If this right is exercised, it is obligatory to return the original invoice of the goods/service delivered to the 3rd party or buyer.
The goods/service charge is returned to the buyer within 14 days following the receipt of the notice regarding the right of withdrawal and the return of the goods/service is accepted within 10 (ten) days. If the original invoice is not sent, VAT and other legal obligations are not returned to the buyer. The delivery charge of the goods/service returned due to right of withdrawal is covered by the seller.
15. GOODS/SERVICES THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
15.1. Goods/service that their price changes depending on the fluctuations in the financial markets and not under control of the seller or provider.
15.2. Goods that are prepared in line with the consumer wishes or personal needs.
15.3. Goods that may be decayed easily or may expire.
15.4. From the goods that their protective elements such as packaging, tape, seal, package have been opened after delivery; those that their return is not appropriate in terms of health and hygiene.
15.5. Goods that are mixed with other products after delivery and may not be separated due to their nature.
15.6. In case of the protective elements such as packaging, tape, seal, package is opened after delivery of the goods, books, digital content and computer consumables offered in material form.
15.7. Except for those provided under the subscription agreement, services related to the delivery of periodical publication such as newspapers and magazines.
15.8. Services related to accommodation, transportation of goods, car rental, food and beverage supply, and leisure time for entertainment or rest that should be done on a certain date or period.
15.9. Services instantly provided in the electronic environment or intangible goods instantly delivered to the consumer.
15.10. Services that have been started to be provided with the approval of the consumer before expiry of the right of withdrawal.
16. STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the buyer goes into defaults on his credit card transactions, he shall pay interest pursuant to the credit card agreement that the card owner bank has signed with him and shall be accountable to the bank. In this case, the relevant bank may take legal action; may claim the court expenses and attorney’s fees from the buyer and under all circumstances, in case of the buyer goes into default due to his debt, the buyer accepts to pay the damages of the seller due to delayed performance of obligation.
17. COMPETENT COURT
İstanbul Courts, Enforcement Offices and arbitration committee are authorized for the dispute that may be arisen from this agreement. Moreover, the Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade, the Consumer Courts is authorized over designated value; Civil Courts of First Instance are in charge in places where there is no Consumer Courts.