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Sales Agreement

 

Pre-Information

ARTICLE 1: SELLER INFORMATION

ARTICLE 1.1 – SELLER
  • Title: *****
  • Address: XOKİDS.1TİCARET.COM
  • Phone: *****
  • Fax: ******
ARTICLE 1.2 - BUYER

The person who is a member of the xokids.1ticaret.com shopping site as a customer. The address and contact information used during registration are taken as a basis.

ARTICLE 2: FEATURES OF THE PRODUCT SUBJECT TO SALE

The main features of the goods or services are available at www.sefamerve.com. You can examine the main features of the product during the campaign period.

The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a limited period are valid until the end of the specified period.

The type, quantity, brand/model, color, quantity, selling price, payment method, and current information at the time the order is finalized are included in the product type, quantity, brand/model, color, quantity, selling price, payment method, and order.

The shipping cost of the product will be paid by the BUYER and is non-refundable.

ARTICLE 3: GENERAL PROVISIONS

3.1) The BUYER declares that they have read and are informed about the preliminary information regarding the basic characteristics, sale price, payment method, and delivery of the product subject to the contract on the xokids.1ticaret.com website and have given the necessary confirmation in the electronic environment. By confirming this Preliminary Information electronically, the BUYER confirms that they have obtained the correct and complete address, the basic features of the ordered products, the prices including taxes, payment and delivery information required to be given to the BUYER by the SELLER before the conclusion of the distance contracts.

3.2) The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal 30-day period for each product.

3.3) The SELLER cannot be held responsible for any issues that the cargo company may encounter during the delivery of the product to the BUYER, causing the ordered product not to be delivered to the BUYER.

3.4) The SELLER is responsible for delivering the product subject to the contract in a solid, complete, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.

3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance obligation arising from the contract expires.

3.6) If the SELLER cannot fulfill the contractual obligations due to the impossibility of fulfilling the order, they must inform the consumer before the expiration of the performance obligation arising from the contract and return the total price to the BUYER within 10 days.

3.7) For the delivery of the product, it is mandatory to confirm this Preliminary Information Form electronically. For any reason, if the product price is not paid or canceled in the bank records, the SELLER is deemed to have been released from the obligation to deliver the product.

3.8) If the product price is not paid or canceled in the bank records after the delivery of the product, due to unauthorized use of the BUYER's credit card by unauthorized persons in a manner not caused by the BUYER's fault, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs belong to the BUYER.

3.9) If the SELLER cannot deliver the product within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, etc., they are obliged to inform the BUYER of this 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 equivalent if any, and/or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in cash within 10 days. In payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. The reflection of this amount on the BUYER's accounts after its return to the bank is entirely related to the bank's transaction process. The BUYER accepts in advance that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account.

ARTICLE 4: RIGHT OF WITHDRAWAL

The BUYER may use the right to withdraw from the contract by rejecting the goods without any legal or penal liability and without any justification within 14 (fourteen) days from the delivery date of the product (excluding Concert and Event Tickets) to them or the person/organization at the address indicated by them for distance contracts related to the sale of goods. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the service is started with the approval of the consumer before the expiration of the withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER.

For the use of the right of withdrawal, it is mandatory to notify the SELLER in writing by registered mail, fax, or email within 14 days and that the product must not be used in accordance with the provisions of Article 5. In case of exercising this right:

a) The invoice of the product delivered to the third party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution when returning the product. Order returns whose invoices are issued on behalf of institutions cannot be completed without issuing a RETURN INVOICE.)

b) Return form,

c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and standard accessories, if any.

d) The SELLER is obliged to return the total amount and the documents putting the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to receive the goods within 20 days.

e) If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of their fault.

f) If the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the amount of the discount used within the scope of the campaign is canceled.

g) The shipping cost paid while returning the product due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders.

h) The SELLER does not refund the shipping fee collected from the BUYER while selling the product.

ARTICLE 5: PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

The return of goods prepared in line with the BUYER's requests or explicitly their personal needs, which are not suitable for return due to their nature, are in danger of rapid deterioration or may expire, and audio or video recordings, software programs, and computer consumables whose packaging has been opened by the BUYER is not possible as per the regulation.

ARTICLE 6: DEFAULT OF THE DEBTOR

In cases where the BUYER defaults, the BUYER agrees to compensate the SELLER's damages and losses due to the delayed performance of the debt. In cases where the default of the BUYER is due to the SELLER's fault, the BUYER will not be obliged to compensate any damages or losses.

ARTICLE 7: COMPETENT COURT

In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and resides up to the value announced by the Ministry of Industry and Trade are authorized. The BUYER can submit their complaints and objections to the Consumer Arbitration Committee or the Consumer Court in the place where they purchased the goods or services or where they reside within the monetary limits determined by the Ministry of Industry and Trade in December each year. Information on the monetary limit is provided below:

Effective from 1/1/2012:

a) The upper monetary limit for binding decisions of consumer arbitration committees and the lower monetary limit for evidence in consumer courts in accordance with paragraphs 5 and 6 of Article 22 of the Consumer Protection Law No. 4077 is 1,161.67 TL, b) The lower monetary limit for provincial arbitration committees in provinces with metropolitan status to be responsible and authorized to handle disputes is 3,032.65 TL, according to paragraph three of Article 5 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186.

This Preliminary Information is made for commercial purposes.

DISTANCE SALES CONTRACT

ARTICLE 1 – PARTIES

1.1 – SELLER
  • Title: ******
  • Address: XOKİDS.1TİCARET.COM
  • Phone: ****
  • Fax: ****
  • Email address: *****
1.2 – BUYER

The person who is a member of the xokids.1ticaret.com shopping site as a customer.

The address and contact information used during registration are taken as a basis.

ARTICLE 2 – SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, whose qualities and sales price are specified below, ordered electronically by the BUYER from the SELLER's ******** website.

ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT

The type, quantity, brand/model, color, quantity, selling price, payment method, and current information at the time the order is finalized are included in the product type, quantity, brand/model, color, quantity, selling price, payment method, and order.

ARTICLE 4 – GENERAL PROVISIONS

4.1) The BUYER declares that they have read and are informed about the preliminary information regarding the basic characteristics, sale price including all taxes, and payment method, delivery, and that these costs will be covered by the BUYER, the period of delivery, and the full commercial title, clear address, and contact information of the SELLER on the xokids.1ticaret.com website, and has given the necessary confirmation in the electronic environment.

By confirming this contract electronically, the BUYER confirms that they have obtained the correct and complete address, the basic features of the ordered products, the prices including taxes, payment and delivery information required to be given to the BUYER by the SELLER before the conclusion of the distance contracts.

4.2) The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal 30-day period for each product. Any shipping fee related to the delivery shown in Article 3 will be paid by the BUYER and will be reflected on the invoice as "Shipping Fee".

4.3) If the product subject to the contract is to be delivered to another person/organization other than the BUYER, the SELLER cannot be held responsible for the non-acceptance of delivery by the person/organization to be delivered.

4.4) The SELLER cannot be held responsible for any issues that the cargo company may encounter during the delivery of the product to the BUYER, causing the ordered product not to be delivered to the BUYER.

4.5) The SELLER is responsible for delivering the product subject to the contract in a solid, complete, in accordance with the specifications 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 by informing the BUYER and obtaining their explicit approval before the performance obligation arising from the contract expires, provided there is a justified reason.

4.7) If the fulfillment of the order becomes impossible, the SELLER informs the consumer before the expiration of the performance obligation arising from the contract and may provide a different product of equal quality and price to the BUYER.

4.8) For the delivery of the product subject to the contract, it is mandatory to send the signed copy of this contract to the SELLER and to pay its price using the payment method preferred by the BUYER. For any reason, if the product price is not paid or canceled in the bank records, the SELLER is deemed to have been released from the obligation to deliver the product.

4.9) The BUYER agrees and undertakes that the credit card information defined in the system during the shopping process is correct and that they are legally and criminally responsible for any issues arising from the use of this credit card. If the product price is not paid or canceled in the bank records after the delivery of the product, due to unauthorized use of the BUYER's credit card by unauthorized persons in a manner not caused by the BUYER's fault, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs belong to the BUYER. If the BUYER does not return the product, they agree and undertake that the product price will be transferred to the SELLER's bank accounts without any warning if the product price is not collected for any reason or if the product price is refunded to the credit card.

4.10) If the SELLER cannot deliver the product within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, etc., they are obliged to inform the BUYER of this 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 equivalent if any, and/or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in cash within 10 days.

4.11) Points given to the customer by the SELLER through a campaign are valid for a single purchase. These points are non-refundable even if the product is returned.

In payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. The reflection of this amount on the BUYER's accounts after its return to the bank is entirely related to the bank's transaction process. The BUYER accepts in advance that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account and that the SELLER cannot intervene in any way for possible delays.

ARTICLE 5 – RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract without showing any reason and without bearing any legal or penal liability within 14 days from the delivery of the product to them or to the person/organization at the address they indicated.

However, for products specially prepared for the BUYER on specific days such as New Year, holidays, Mother's Day, and for campaign and promotion products, the product cannot be returned, and the BUYER accepts these conditions and completes their purchase accordingly.

For the use of the right of withdrawal, it is mandatory to notify the SELLER in writing by fax or email within 14 days and that the product must not be used in accordance with the provisions of Article 6. In case of exercising this right:

a) The invoice of the product delivered to the third party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution when returning the product. Order returns whose invoices are issued on behalf of institutions cannot be completed without issuing a RETURN INVOICE)

b) Return form,

c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and standard accessories, if any, within the 14-day period. The product price will be refunded to the BUYER within 10 days following the receipt of these documents by the SELLER.

The shipping cost paid while returning the product due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international 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 at the time of delivery must also be returned (to ensure consistency in our accounting records), and if the invoice is not sent to the SELLER with the product or at the latest within 5 days from the return of the product, the return process will not be completed, and the product will be returned to the BUYER with the payment on delivery. The invoice to be returned with the product must be marked "return invoice" and signed by the BUYER.

ARTICLE 6 – PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

Due to their nature, the return of single-use products, software and programs that can be copied, products that deteriorate quickly or are likely to expire, is not accepted.

ARTICLE 7 – DEFAULT OF THE DEBTOR

In cases where the BUYER defaults, the BUYER agrees to compensate the SELLER's damages and losses due to the delayed performance of the debt. In cases where the default of the BUYER is due to the SELLER's fault, the BUYER will not be obliged to compensate any damages or losses.

ARTICLE 8 – COMPETENT COURT

In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and resides up to the value announced by the Ministry of Industry and Trade are authorized. The BUYER can submit their complaints and objections to the Consumer Arbitration Committee or the Consumer Court in the place where they purchased the goods or services or where they reside within the monetary limits determined by the Ministry of Industry and Trade in December each year. Information on the monetary limit is provided below:

Effective from 28/05/2014:

a) According to Article 68 of the Law on the Protection of Consumers No. 6502, it is mandatory to apply to district consumer arbitration committees for disputes below two thousand Turkish Liras, provincial consumer arbitration committees for disputes below three thousand Turkish Liras, and provincial consumer arbitration committees in provinces with metropolitan status for disputes between two thousand and three thousand Turkish Liras. Applications cannot be made to consumer arbitration committees for disputes above these values.

b) For disputes above the specified value, it is necessary to apply to the Consumer Court, and in places where there is no Consumer Court, to the Civil Court of First Instance acting as the Consumer Court.

This preliminary information is made for commercial purposes.

Please Note: Before signing the cargo receipt, please check if your cargo package is damaged due to transportation. If there is any damage to the cargo package, please return your cargo to the cargo officer without signing any documents related to the delivery and request a report. Your new products will be sent to you immediately by us. If the cargo package is damaged and the products inside are received, sefamerve.com is not responsible for any damage or missing products.

All these terms and conditions are subject to Turkish Law.

Prepared by  T-Soft E-Commerce.