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ARTICLE 1 - THE PARTIES
SELLER
Commercial
Title:
Address:
Telephone :
Merchant
Mersis No:
Merchant
Email Address:
The Shipping
Company That the Buyer Will Send the Goods to the Seller on Return:
evatelekom.com:
Contact Tel: 0212 222 82 82
RECEIVER
Name and
surname :
Address:
Telephone :
Email:
ARTICLE 2 - SUBJECT AND SCOPE OF THE
AGREEMENT
This Distance Sales
Contract (“Contract”) has been prepared in accordance with the Law No. 6502 on
Consumer Protection and the Regulation on Distance Contracts. The parties of
this Agreement accept and declare that they know and understand their obligations
and responsibilities arising from the Law on the Protection of Consumers No.
6502 and the Regulation on Distance Contracts under this Agreement. The subject
of this Agreement is the subject of the Buyer's, Eva Telekom
[www.evatelekom.com] It establishes the determination of the rights and
obligations of the parties pursuant to the provisions of the Law No. 6502 on
the Protection of Consumers and the Regulation on the Distance Contracts for
the sale and delivery of the Goods / Services that are specified in the
Agreement electronically for the purchase of the Goods / Services of the
seller. .
ARTICLE 3 - BASIC QUALIFICATIONS AND
PRICE OF GOODS AND SERVICES (VAT INCLUDED)
Announced prices and promises are valid until updated and changed. The prices
announced for a period are valid until the end of the specified period.
Total product
price excluding shipping:
Shipping fee:
Total Price
Including Cargo:
Payment
Method and Plan:
Delivery
Conditions:
Delivery
address:
Person (s) to
be Delivered:
THE PRODUCT COST
IS SUBJECTED BY THE BUYER BY THE PAYMENT ORGANIZED BY THE SELLER'S AUTHORIZED
PAYMENT ORGANIZATION. THE PURCHASER WILL PAY THE FEE OF THE GOODS TO THE
PAYMENT ORGANIZATION AUTHORIZED BY THE SELLER AND THE PAYMENT OF THE PRODUCT
PAYMENT TO THE SELLER.
ARTICLE 4 - FINANCIAL DELIVERY AND
DELIVERY METHOD
The Contract entered into force by electronically approved by the Buyer and is
executed by the delivery of the Goods / Services purchased by the Buyer from
the Seller to the Buyer. The Goods / Service will be delivered to the address
specified in the Buyer's order form and this Agreement and to the authorized
person (s) specified.
ARTICLE 5 - DELIVERY EXPENSES AND
PERFORMANCE
Unlike delivery costs of the goods, if there is no provision, it belongs to the
Buyer. If the seller declares on the Web site that the delivery fee will be
borne by him, the delivery costs will belong to the Seller. Delivery of the
goods; If the Seller's stock is available and it is done within the committed
period after the payment is made. The Seller delivers the Goods / Service
within 30 (thirty) days of the Order by the Buyer, without prejudice to the
fulfillment of the performance of the Goods / Services subject to the order.
If, for any reason, the Goods / Services price is not paid by the Buyer or the
payment made is canceled in the bank records, the Seller is deemed free from
the obligation to deliver the Goods / Service.
In the order
cancellations made by the Buyer after the goods are shipped by the Seller but
before the delivery by the Buyer, the Buyer is responsible for the shipping
cost.
ARTICLE 6 - BUYER'S DECLARATION AND
COMMITMENTS
The Buyer declares that he has read and obtained the necessary confirmation in
electronic environment by reading the preliminary information loaded by the
Seller regarding the basic qualities, sales price and form of payment, delivery
and shipping price of the Contractual Goods / Service on the website. Buyers
may send their requests and complaints in the capacity of Consumer to the
contact information above and / or through the channels provided by the
website. By confirming this Agreement and the Preliminary Information Form
electronically, the Buyer is required to be given to the Buyer by the Seller
before the conclusion of the distance contracts, the basic features of the
ordered Goods / Services, the price of the Goods / Services, including taxes,
payment and delivery. confirms that it has acquired the delivery price
information correctly and completely. Without the inspection of the Buyer
before receiving the Goods / Service subject to the Contract; destroyed,
broken, torn packaging etc. In the event that it receives the damaged and
defective Goods / Services from the cargo company, it is entirely up to itself.
The Goods / Services received by the buyer from the cargo company officer shall
be deemed to be undamaged and intact. After delivery, the responsibility of the
Goods / Service and damages belong to the Buyer. In case the bank or financial
institution does not pay the Goods / Services fee to the Seller because the
credit card of the Buyer is used unfairly or illegally by unauthorized persons
after the delivery of the Goods / Service. provided that they return the Goods
/ Service to the Seller within 3 (three) days. In this case, delivery expenses
belong to the Buyer.
ARTICLE 7 - SELLER'S DECLARATION AND
COMMITMENTS
The Seller is responsible for the delivery of 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 certificates and user manuals, if any. If the seller cannot deliver
the contractual Goods / Service within the period due to force majeure or
extraordinary situations preventing the transportation, the seller is obliged
to notify the Buyer within 3 (three) days from the date of his knowledge. If the
Contracted Goods / Service is to be delivered to another person from the Buyer,
the Seller cannot be held responsible for the person not to accept the
delivery.
ARTICLE 8 - RIGHT TO WITHDRAWAL
The Buyer may return the Goods / Services purchased by using his right of
withdrawal within 14 (fourteen) days from the date of delivery, without taking
any legal or criminal liability and without any justification. Notice of
withdrawal and other notices regarding the Contract will be sent through the
communication channels of the Seller and / or specified on the Website. In
order to exercise the right of withdrawal, it is mandatory to notify the Seller
in accordance with the provisions of the legislation and the option of the
right of withdrawal on the Website. In case of exercising the right of
withdrawal: a) The Buyer sends the Goods back to the Seller within 10 (ten)
days of using the right of withdrawal. b) Goods box, packaging to be returned
under the right of withdrawal,
If there are standard accessories, other products that are gifted with the
Goods must be returned in a complete and undamaged manner. In 14 (fourteen)
days following the exercise of the right of withdrawal, the cost of the Goods
shall be returned to the Buyer as it has paid. When returning the Goods to the
Seller, the original invoice submitted to the Buyer during the delivery of the
Goods must also be returned by the Buyer. As long as the buyer sends the Goods
to the Seller with the contracted cargo company specified in the preliminary
information form, the return shipping fee will be returned to the Seller.
belongs to. If the Seller specified in the preliminary information form to be
returned by the Buyer, the Seller is not responsible for the return shipping
cost and the damage to be incurred in the cargo process if the Seller sends it
with a cargo company other than the contracted cargo company. In case the buyer
sends the returned product with a cargo company other than the seller specified
by the seller, the price of the product will be returned to the buyer after the
damage caused by the buyer is compensated.
ARTICLE 9 - CONDITIONS WHICH THE RIGHT OF
WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used if:
a) In contracts regarding goods or services whose price varies depending on the
fluctuations in the financial markets and which are not under the control of
the seller (Products in the category of jewelery, gold and silver)
b) In
contracts relating to the delivery of goods that are prepared in line with the
wishes of the consumer or clearly his personal needs, that are not suitable for
return in nature and are at risk of deterioration or may expire.
c) From the
goods whose protective elements such as packaging, tape, seal, package are
opened after delivery; In contracts regarding the delivery of those whose
return is not suitable for health and hygiene
d) In
contracts for goods that are mixed with other products after delivery and
cannot be separated by their nature.
e) In
contracts related to books, audio or video recordings, software programs and
computer consumables provided in material environment provided that the
protective elements such as packaging, tape, seal, package are opened by the
consumer.
f) In
contracts related to the delivery of periodicals such as newspapers and magazines,
other than those provided under the subscription contract.
g) In
contracts for accommodation, goods transport, car rental, food and beverage
supply and for the evaluation of leisure time for entertainment or rest, which
must be made on a specific date or period.
h) In
contracts concerning the performance of services related to betting and lottery
ı) Before the
end of the right of withdrawal, in the contracts regarding the services that
started to be performed with the approval of the consumer.
i) In the
contracts regarding intangible goods delivered instantly to the consumer with
the services performed instantly in the electronic environment and the Distance
Contracts Regulation of the Goods / Services subject to the contract (regular
delivery of the seller, Also, other daily consumption items and services in
areas such as travel, accommodation, restaurant, entertainment sector) In the
event that it is composed of goods / service types, the right of withdrawal
will not be exercised because the provisions of the Distance Contracts
Regulation cannot be applied to the legal relationship between the Buyer and
the Seller. Cancellation and return conditions of such Goods / Services offered
for sale in the holiday category are subject to Seller practices and rules.
ARTICLE 10 - SOLUTION OF DISPUTES
In the implementation of this Distance Sales Agreement, the Consumer
Arbitration Committees and the Consumer Courts in the place where the Buyer
purchased the Goods or Services and where the residence is located is
authorized up to the value announced by the Ministry of Customs and Trade. 68th
Law of the Law No. 6502 on Consumer Protection. District / provincial consumer
arbitration committees are authorized about the consumer demands in line with
the lower and upper limits specified in paragraph 1 of the article.
ARTICLE 11 - PRICE OF THE GOOD /
SERVICE
The cash or forward sales price of the goods is included in the order form, but
the price that is present in the invoice content sent to the customer along
with the information mail sent to the end of the order. Discounts, coupons,
shipping costs and other applications made by the seller are reflected in the
sales price.
ARTICLE 12 - DEFAULT AND LEGAL RESULTS
In the event that the Buyer defaults on transactions with his credit card, the
cardholder will pay interest and be liable to the bank within the framework of
the credit card agreement made with the bank himself. In this case, the bank
may apply to legal means; The Buyer shall charge the costs and the proxy fee arising
from the Buyer, and in all cases, the Buyer will be responsible for the loss
and loss suffered by the Seller due to the delayed performance of the Buyer's
debt.