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DISTANCE SALES AGREEMENT ARTICLE 1 - PARTIES 1.1 - SELLER Title: BASAK CANKEŞ - BASHAQUES
Address : Kahramanlar Mah. 1417 Sokak No:24 D:3 Konak/İzmir
Tax Administration: KORDON VERGİ DAİRESİ / 29248912906
Mersis No : 2924891290600024
E-mail address : [email protected]
1.2 - BUYER If there is no invoice information given during the completion of the shopping made on the www.bashaques.com shopping site as a customer, the delivery information is taken as basis. ARTICLE 2 - SUBJECT The subject of this contract is the Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are stated below,
which the BUYER has ordered electronically from the SELLER's www.bashaques.com website.
It is the determination of the rights and obligations of the parties in accordance with its provisions. ARTICLE 3 – CONTRACTING PRODUCT It consists of the type, quantity, brand/model, color, quantity, sales price, payment method, and information at the time the order is finalized. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period. It consists of the type, quantity, brand/model, color, number of goods/products/services, sales price, payment method, information at the time the order is finalized. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER, unless otherwise stated in writing, and the said shipping fee is non-refundable.
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER, on the website www.bashaques.com, pre-empts the basic characteristics of the product subject to the contract, the sales price including all taxes and the payment method, as well as the delivery and its costs, the time of delivery and the full trade name, full address and contact information of the SELLER. declares that he has read the information and has the knowledge and gives the necessary confirmation in electronic environment. BUYER; By confirming this contract electronically, it confirms that before the conclusion of the distance contracts, the address to be given by the Seller to the Consumer, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete.
4.2 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period. Any shipping fee regarding the delivery shown in Article 3 will be borne by the BUYER and will be reflected in the invoice for the order under the name of "Shipping Fee".
4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4 The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.
4.7 If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it notifies the consumer of this situation and may supply the BUYER with a different product of equal quality and price.
4.8 For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.9The BUYER accepts and undertakes that the credit card information he has defined in the system during shopping is correct, and that he bears all legal and penal liability arising from the use of this credit card. After the delivery of the product, if the relevant bank or financial institution fails to pay the product price 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, provided that the product has been delivered to the BUYER within 3 days. It must be sent to the SELLER in In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, in case the product price is not charged to the credit card for any reason or the product price is returned to the credit card, the product price will be transferred to the SELLER bank accounts without any warning.
4.10 If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER within 3 days from the date of learning about the situation. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In case the BUYER cancels the order, the amount paid is paid to him in cash and in full within 10 days.
4.11The points given to the customer by the SELLER through a campaign are valid for only one shopping. These points are non-refundable even if the product is returned. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, the BUYER may not be able to intervene in any way for the SELLER for possible delays and it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. already accepting.
4.12 The invalidity or invalidation of any provision of this agreement does not affect the validity of the remaining provisions, and the invalid provision(s) will be replaced by a new provision(s) agreed in writing by the parties in the most appropriate manner for the ultimate purpose of the relevant provision. This Agreement together with its annexes constitutes a whole. Any amendment to the contract is void unless it is in writing and signed by both parties. The parties cannot transfer their rights and obligations arising from this contract to a third natural or legal person, even partially, without the prior written consent of each other.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw without having to show any reason within 14 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by registered mail, fax or e-mail within 14 days and the product has not been used in accordance with the provisions of Article 6. If this right is exercised, a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued) b) Return form, c) The products to be returned within 14 days must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any. The product price is returned to the BUYER within 10 days following the receipt of these documents by the SELLER. The shipping cost of the product returned due to the right of withdrawal shall be borne by the SELLER for domestic orders and by the BUYER for overseas orders. The SELLER does not refund the shipping fee collected from the BUYER while selling the product. When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned (to ensure consistency in our accounting records). will not be carried out, the product will be sent back to the BUYER in the same way, against payment.
On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the BUYER.
ARTICLE 6 – PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL For goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier, for the goods prepared in line with the wishes or personal needs of the consumer, for the delivery of the goods that are perishable or whose expiration date may expire, for the products whose protective elements such as packaging, tape, seal, package have been opened after delivery.
from the goods; for the delivery of those whose return is not suitable in terms of health and hygiene; It is not possible to exercise the right of withdrawal within the scope of the Regulation on Distance Contracts, in the contracts regarding the evaluation of the services and the contracts regarding the services that are started to be performed with the approval of the consumer before the right of withdrawal expires.
ARTICLE 7 - DEBT DEBT
In case of default of the BUYER, the BUYER agrees to pay the loss and damage of the SELLER due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any claim for loss or damage. ARTICLE 8 – AUTHORIZED COURT In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where the residence is located, are authorized up to the value announced by the Ministry of Industry and Trade. The SELLER submits its applications regarding complaints and objections to the T.C. Within the monetary limits determined by the Ministry of Industry and Trade every year in December, the consumer's problems in the place where the consumer is located or where the consumer transaction is made can be brought to the arbitral tribunal or the consumer court. Information on the monetary limit is below: (1) In applications to be made to the Consumer Arbitration Committees for 2021, its value is:
District Consumer Arbitration Committees in disputes under 7.550 (seven thousand five hundred and fifty) Turkish Liras,
Provincial Consumer Arbitration Committees in disputes between 7.550 (seven thousand five hundred and fifty) Turkish Liras and 11.330 (eleven thousand three hundred and thirty) Turkish Liras in provinces with metropolitan status,
Provincial Consumer Arbitration Committees in disputes under 11.330 (eleventhousandthreehundredthirty) Turkish Liras in the centers of provinces that are not in metropolitan status,
Provincial Consumer Arbitration Committees are responsible for disputes between 7.550 (seven thousand five hundred and fifty) Turkish Liras and 11.330 (eleven thousand three hundred thirty) Turkish Liras in districts of provinces that are not metropolitan.
b)In case of disputes above the specified value, it is necessary to apply to the Consumer Court, and in places where there is no Consumer Court, it is necessary to apply to the Civil Courts of First Instance as a Consumer Court.
Please Note: Before signing the cargo report, please check if your cargo package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo to the cargo authority without signing any documents related to the delivery. Your new products will be sent by us immediately. www.bashaques.com is not responsible for the damage or deficiency of the products in the case of receiving the products with damaged cargo packages.
15. All of these terms and conditions are subject to Turkish Law.