Distant Sales Agreement
Trade Name: Ameera Danışmanlık Dış Tic. Ltd. Şti.
Address: Harbiye Mahallesi, Tuncer Apt. No 29 Kat 3/10
TR / Şişli – İstanbul
Telephone: 0090 212 258 7799
In case of return of the Product the name of Courier to be used: Delivering Cargo Company.
Name/ Family Name/ Trade Name:
THE SUBJECT AND SCOPE OF THE AGREEMENT
This Distant Sales Agreement is concluded in accordance with provisions of the Law No.6502 on The Protection of the Consumer (the “Law”) and the Regulation on Distant Agreements (the “Regulation”). The Parties to this Agreement accept and declare that they know and understand their liability and responsibility under the said Law and Regulation.
The subject of this Agreement is to determine the rights and obligations of the Parties in accordance with the Law and Regulation regarding purchase and delivery of the services and goods, quality and specifications of which that have been accorded in the Agreement, electronically at the www.ameera.com.tr (the “Website”) which belongs to Ameera Danışmanlık Dış Tic. Ltd. Şti.
THE BASIC QUALIFICATIONS OF THE GOODS AND THEIR PRICE INDICATED IN THE AGREEMENT (INCLUSIVE VAT)
Goods’ Name Quantity Total Amount of the Goods
Total Amount :
The type and nature, amount, mark/model, colour and the sale price of the products are the same as indicated above.
The announced prices and promises are valid until updated and changed. The periodic announced prices are valid until the end of the announced period.
CONDITIONS OF PAYMENT AND DELIVERY
Type of Payment : Credit Card
Delivery Address :
Persons to Receive :
Total Amount with the Credit Card:
The delivery of …………………………………… shall commence within two working days after order of is given by the Buyer.
DELIVERY OF PRODUCTS AND METHOD OF DELIVERY
The Agreement enters into force on the date of its approval electronically and is fulfilled when the goods and services that have purchased from the Seller are delivered to the Buyer. The goods shall be delivered
to the address and to the authorized person(s) indicated in this Agreement.
DELIVERY COSTS AND EXECUTION
Unless otherwise provided, the delivery cost shall be borne by the Buyer. However, if the Seller declared on its Website that the delivery costs will be covered by the Seller then the delivery costs will be borne by the Seller.
The goods shall be delivered within the subscribed period after the payment of the Buyer. Keeping instances that are impossible for the goods and services to be delivered reserved, the goods and service shall be delivered to the Buyer or the person/entity within the address indicated in the advance information form. The delivery period shall not exceed 4 days, however the delivery might vary considering the range of distance of the place of delivery.
In case the Buyer fails pay the value of the goods or service for whatever reason or the payment is cancelled from the records of the Bank, the Seller shall not be obliged to deliver the goods and service.
If the order is cancelled by the Buyer after the ordered goods are shipped and before they are delivered to the Buyer, the payment for the shipment cost shall be the obligation of the the Buyer.
In cases where the delivery has become impossible, the Seller shall provide a notice to the Buyer within 3 (three) days after being informed of the impossibility of delivery and shall reimburse the Buyer all paid expenses, including the delivery costs if any within 14 (fourteen) days following the date of the said notice.
STATEMENTS AND COMMITMENTS OF THE BUYER
The Buyer declares that he/she has read the advance information downloaded in electronic environment and main qualifications of the goods and services that are the subject of this Agreement, sale price, type of payment, delivery and shipment costs that have been provided by the Seller and has electronically approved this information.
Buyers, as a consumer, may convey their requests and complaints via the communication information of the Seller and/or the “Contact” information on the Seller’s Website.
The electronic approval of this Agreement and the Advance Information by the Buyer before the execution of the Agreement shall also mean that the necessary information regarding address, main qualifications of the goods, its price including tax, the delivery and hand over costs of the good or service are all approved, and they are accurate and in full. However, during the time of delivery if the Buyer receives the blasted, broken, mashed package, damaged and defected goods that can clearly be observed then the Buyer will be kept wholly responsible.
If the Bank refrains to pay the amount to the Seller because the credit card is used by unauthorized persons unjustly and unlawfully but without the failure of the Buyer, in that case the Buyer if the goods or service are already delivered to the Buyer, then the Buyer must return the goods or service within 3 (three) days. In this case the delivery costs shall be borne by the Buyer.
THE STATEMENTS AND COMMITMENTS OF THE SELLER
The Seller is responsible to deliver the ordered goods and services that are the subject of this Agreement undamaged, in full and as identified in the order, together with guarantee certificate and operation manual and in conformity with the relevant legislation on consumers and.
In case the Seller is unable to deliver the goods on time as stipulate in the Agreement due to force majeure or other extraordinary events preventing delivery of the goods or services, the Seller is obliged to inform the Buyer within 3 (three) days after becoming aware of such situation.
In case the goods or service stipulated in the Agreement shall be delivered to another person rather than the Buyer, the Seller may not be held responsible if that person rejects to delivery.
THE RIGHT OF WITHDRAWAL
The Buyer without any civil or criminal responsibility and without indicating any justification may withdraw from the purchase of the goods or service within 14 days after the day of receipt. The Buyer may also exercise this right of withdrawal during the delivery period.
The Buyer may withdraw by clicking the “Return Back” link located under My Account >Present Order>Orders www.ameera.com.tr. The Buyer must return the goods by completing the Return Request Form located at the relevant page and obtaining the Seller’s return address within 14 (fourteen) days starting from the date of withdrawal has been rejected. The return must include the invoice, package box, wrappings, standard accessories and the gifts given with the goods. The goods must be returned in full, undamaged and without any defect. During the withdrawal period the Buyer should use the goods in conformity with its technical specialities and operation manual. The detailed information on the Right of Withdrawal can be found at www.ameera.com.tr.
The shipment cost for the return shall be paid by the Seller as long as the Buyer returns the goods via the contracted courier set forth in the Advance Information Form. However, if the return is shipped with a courier other than the contracted courier, the Seller shall not be liable for the shipment cost of the return or for damages incurred during shipment.
The Buyer must reimburse all costs related to all purchased goods in lumpsum, (via the same payment used during purchase and with the contracted courier of the Seller) and without any deduction or imposing further expenses to the Consumer within 14 (fourteen) days from the date the Buyer has exercised his/her withdrawal right.
In case there are justified reasons for rejecting the return of the goods, the Seller – if the performance period is not completed – may provide the Buyer similar goods/service with the equal price and quality. However, if the Seller considers the impossibility of providing the similar goods/service, he shall inform the Buyer within 3 (three) days after getting aware of such impossibility. In this case the Seller shall pay back to the Buyer the value of the goods/service within 14 (fourteen) days. The return shipment costs belong to the Seller, if the return is done by the Seller’s contracted courier entity stipulated in “Preliminary Information Form”. If the return is shipped with a courier other than the contracted courier, the Seller shall not be liable for the shipment cost of the return or for damages incurred during shipment
CASES WHERE THE RIGHT OF WITHDRAWAL MAY NOY BE USED
Those Agreements concerning the products or the services of which their values change in connection with the financial market turbulences and are beyond the Seller’s control (such as jewellery and the products under gold and silver category);
Those Agreements enacted with the Buyer containing special requests or personal requirements if they are incapable to return due to its nature, good that are quickly perishable or goods that have expiry dates which may recently expire;
Those Agreements at which the protecting elements of package, such as band, seal are opened and if the return of the good is not suitable for the health or hygiene.
Those Agreements at which the delivery of the product when such product is mixed with another products and cannot be separated with each other.
Those agreements enacted on tangible items like books, sound and video recordings, software programmes and consumable computer equipments, and if their protective elements such as package, band, seal are opened.
Unless the subscribed items are stated in the Agreement, the delivery of those Agreements regarding periodically published Newspaper, Magazine;
Those Agreements, enacted to accommodate for a certain time and period, such as home wore transportation, rent a car, providing food and beverage and entertain the free time for fun and rest;
Those Service Agreements before the withdrawal period if the service providing has started with the approval of the Consumer; and
Those Agreements enacted to provide Instant services on incorporated property under electronic environment (such as gift cards and gift checks, coupons resembling money and similar).
The right of withdrawal may not be used on goods and services which do not exist in the Distant Agreement Regulation (such as the food staff, beverages or daily consumed staff regularly delivered to the resident of the Buyer as well as travelling, accommodation, running restaurants, entertainment sector).
The conditions of cancellation of goods and services offered for sale under the Holiday Category are subject to the rules of operation of the Sellers.
SETTLEMENT OF DISPUTES
The Seller is Personally responsible concerning the sale of the goods or services in accordance the Law and the regulation on Distant Agreements. However, Buyers may inform their complaints regarding their purchased goods or services directly to the Seller or to Ameera Danışmanlık Dış Tic. Ltd. Şti.
Disputes arising from this Agreement that are up to the value announced each year by the Ministry of Customs and Trade shall be resolved by the City or Town Arbitration Committee for Consumer Problems located at the place where the product is bought by the Buyer or the Buyer’s residence address. If the value is above the announced value of the Ministry, then Consumer Courts are authorized.
THE PRICE OF THE GOODS / SERVICE
Although the price of the good mentioned in the order form to be paid either in cash or with instalment, he actual price is the price written in the invoice sent to the Buyer with the product and information form. The discounts, coupons, cost of cargo and other implications shall be reflected to the selling price.
EVENTS OF DEFAULT AND LEGAL CONSEQUENCES
In case of default of the Buyer paid with his Credit Card, the Buyer will pay interest in accordance with the Credit Card Contract signed with the Bank and will be kept responsible to the concerned Bank. In such cases the concerned Bank may take legal actions and demand the expenses that will occur and lawyer fees from the Buyer and the Buyer will be responsible from the loss and damages of the Seller for late payment.
NOTICES AND EVIDENTIAL CONTRACTS
All kind messages should be mailed to “Contact” link on the Website, obligatory cases mentioned under the Legislation are reserved. On the other hand, the Buyer accepts, agrees and undertakes that the official books, commercial registries of the Seller and the electronic information, the computerized records shall mean exclusive and fixed evidences on Evidential Agreement under article 193 of Civil Procedural Law.
ENTERING IN FORCE
This Agreement consisting 14 (fourteen) Articles after being read by the parties and after the approval on electronic approval of the Buyer entered into force on ………………………………………………………….
Ameera Danışmanlık Dış Tic. Ltd. Şti.