DISTANCE SALES AGREEMENT

ARTICLE 1 - PARTIES

1.1. SELLER:

Name/Title: Simge Yapı Dekorasyon—Murat ATASOY

Address: İkitelli Organize Sanayi Bölgesi, Aykosan Sanayi Sitesi , 4 lü B Blok, No: 63

Phone: 0 212 671 82 84

Mobile : 0 533 957 46 43   (Whatsapp)

ARTICLE 2 - SUBJECT

The subject of this agreement is the sale and delivery of the product, whose characteristics and sales price are specified below, which the BUYER ordered electronically from the SELLER\\\\\\\\\\\\\\\'s online shopping sites \\\\\\\\\\\\\\\"Shopfittings.shop, \\\\\\\\\\\\\\\", and the determination of the rights and obligations of the parties in accordance with the provisions of the \\\\\\\\\\\\\\\"Law No. 4077 on the Protection of Consumers\\\\\\\\\\\\\\\" and the \\\\\\\\\\\\\\\"Regulation on the Procedures and Principles of Application of Distance Contracts\\\\\\\\\\\\\\\".

 

 

 

 

 

 

Credit Card Refund Procedure:

In cases where the buyer exercises their right of withdrawal, or if the product ordered cannot be supplied for various reasons, or if a refund is decided upon by an arbitration board, and the purchase was made with a credit card and in installments, the credit card refund procedure is as follows:

.

 

In the event of a return of goods or services purchased with a card, Shopfittings.Shop, in accordance with its agreement with the Bank, cannot make cash payments to the Customer. The merchant, Shopfittings.Shop, will process the refund through the relevant software, and since Shopfittings.Shop is obligated to pay the relevant amount to the Bank in cash or by offsetting, cash payment to the Customer is not possible according to the procedure described above. The refund to the credit card will be made by the Bank, according to the procedure described above, after Shopfittings.Shop have paid the full amount to the Bank in a single transaction.

 

The Buyer acknowledges and agrees that they have read and accepted this procedure.

3.4- Delivery Method and Address:

Delivery Address: a/Turkey-Adıyaman-

Recipient: A

 Delivery will be made by hand to the Buyer\\\\\\\\\\\\\\\'s address specified above via a cargo company. Even if the Buyer is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation completely and fully. Therefore, any damage resulting from the Buyer\\\\\\\\\\\\\\\'s delayed receipt of the product, as well as any expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the SELLER, shall be borne by the BUYER

Shipping Fee: This varies, and the shipping cost is added to the total order amount and paid by the customer. It is not included in the product price

 

ARTICLE 4 - GENERAL PROVISIONS

4.1. The BUYER declares that they have read and are aware of the \\\\\\\\\\\\\\\"information form\\\\\\\\\\\\\\\" prepared in accordance with the provisions of \\\\\\\\\\\\\\\"Law No. 4077\\\\\\\\\\\\\\\" and \\\\\\\\\\\\\\\"Regulation on the Procedures and Principles Regarding Door-to-Door Sales\\\\\\\\\\\\\\\" on the websites \\\\\\\\\\\\\\\" Shopfittings.Shop \\\\\\\\\\\\\\\", as well as all preliminary information regarding the basic characteristics of the product(s)/services subject to the contract, the sales price and payment method, and delivery, as stated in Article 3 of the contract, and that they have given the necessary confirmation electronically

 

4.2. The product subject to this contract will be delivered to the BUYER or the person/entity at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER\\\\\\\\\\\\\\\'s place of residence for each product, provided that this period does not exceed the legal 30-day limit.

4.3. If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.

4.4. The SELLER is responsible for delivering the product subject to this contract in good condition, complete, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable.

4.5. Delivery of the product subject to this contract is conditional upon the signed copy of this contract being delivered to the SELLER and the payment being made using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.

 

4.6- If, after delivery of the product, the buyer\\\\\\\\\\\\\\\'s credit card is used fraudulently or illegally by unauthorized persons due to no fault of the buyer, and the relevant bank or financial institution fails to pay the seller the product price, the buyer is obligated to return the product to the seller within 3 days, provided the product has been delivered to the buyer. In this case, the shipping costs shall be borne by the buyer.

4.7- Products sold with or without a warranty certificate that are found to be faulty or defective may be sent to the seller for repair by an authorized service center within the warranty conditions; in this case, the shipping costs will be covered by the seller.

 

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract within 7 days of the delivery of the product to himself or to the person/organization at the address indicated. To exercise the right of withdrawal, notification must be given to the SELLER by fax, email or telephone within this period, and the product must be unused in accordance with the provisions of Article 6. If this right is exercised, it is mandatory to return the original invoice and a copy of the cargo delivery receipt showing that the product delivered to the third party or the BUYER has been sent back to the SELLER. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded. The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER.

The consumer has the right to withdraw from the contract within seven days of receiving the goods or signing the contract, without incurring any legal or criminal liability and without giving any reason. We undertake to take back the goods from the date the withdrawal notification reaches the seller or provider.

In accordance with the general circular of the Tax Procedure Law No. 385, in order for return transactions to be processed, the relevant sections on the invoice with the return section that we sent to you must be completely filled out and signed, and then returned to us along with the product.

 

However, for shipments to the TRNC (Turkish Republic of Northern Cyprus) and abroad, since our customers do not pay VAT on their orders, they are obligated to pay taxes on the products they receive at customs. Customers do not have the right to withdraw from orders for products not received from customs for any reason whatsoever. This is because, according to Article 8 of the Regulation on the Implementation Procedures and Principles of Distance Contracts, the consumer has the right to withdraw from a distance contract relating to the sale of goods within seven days from the date of delivery, without incurring any legal or criminal liability and without giving any reason.

 

ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for products that are non-returnable due to their nature, single-use products, and products past their expiration date. For the following products, the right of withdrawal is subject to the condition that the product\\\\\\\\\\\\\\\'s packaging is unopened, undamaged, and the product has not been used:

- Herbal Tablet Products

 

Products that are non-returnable due to their nature (except in cases where the product is found to be defective or faulty, products that may pose a health risk after being opened, e.g., products requiring direct contact with the body during use), single-use products, perishable products, or products past their expiration date, and cannot be returned.

 

ARTICLE 7 - DEFAULT PROVISIONS

In the event that either party fails to fulfill its obligations arising from this contract, the provisions of Articles 106-108 of the Turkish Code of Obligations concerning Debtor\\\\\\\\\\\\\\\'s Default shall apply. In cases of default, if either party fails to fulfill its obligations within the stipulated time without a justifiable reason, the other party shall give the defaulting party a 7-day period to fulfill the obligation. If the obligation is not fulfilled within this period, the defaulting party shall be deemed in default, and the creditor shall have the right to demand performance of the obligation, delivery of the goods, and/or termination of the contract and return of the payment.

In accordance with the last paragraph of Article 9 of the Regulation on Distance Contracts, the seller, \\\\\\\\\\\\\\\" Shopfittings.Shop,\\\\\\\\\\\\\\\" undertakes to inform the consumer before the expiration of the performance obligation arising from the contract if it claims that the fulfillment of the order for the goods or services has become impossible (due to the inability to obtain the product from the supplier company). In this case, Shopfittings.Shop have the right to immediately terminate the contract and undertake to refund the price of the product ordered by the customer and any documents that may have created a debt obligation.

If \\\\\\\\\\\\\\\"Shopfittings.Shop\\\\\\\\\\\\\\\" is unable to deliver the product within the specified time due to force majeure or extraordinary events such as adverse weather conditions, transportation disruptions, fire, earthquake, or flood, the Buyer acknowledges that \\\\\\\\\\\\\\\" Shopfittings.Shop \\\\\\\\\\\\\\\" bears no responsibility in such cases and may choose to cancel the order or postpone delivery until the hindering situation is resolved. If the Buyer cancels the order, the amount paid will be refunded within 10 days. (For installment purchases made with a credit card, the Buyer accepts the above procedure for refunding to the credit card.)

 

ARTICLE 8 - COMPETENT COURT

In the implementation of this agreement, Consumer Arbitration Boards and Consumer Courts in the place of residence of the BUYER or SELLER, up to the value declared by the Ministry of Industry and Trade, shall have jurisdiction. If the order is placed, the BUYER shall be deemed to have accepted all the terms and conditions of this agreement.

In the implementation of this agreement, Consumer Arbitration Boards and Consumer Courts in the place of residence of the BUYER or SELLER, up to the value declared by the Ministry of Industry and Trade, shall have jurisdiction. If the order is placed, the BUYER shall be deemed to have accepted all the terms and conditions of this agreement.