ARTICLE 1-SELLER INFORMATION AND BUYER INFORMATION
Trade Name: Güray Dental - Yaşar Enis Güray
Telephone: +90 312 441 23 83
Order E-Mail: email@example.com
Information E-Mail: firstname.lastname@example.org
Address: Cinnah Caddesi 37/3-4 06680 Çankaya/ANKARA
ARTICLE 2 - SUBJECT and SCOPE OF THE CONTRACT
This Long Distance Sale Agreement (the "Agreement") is regulated pursuant to the Consumer Protection Law and the Regulation on Distance Contracts. The parties to this Agreement hereby agree and acknowledge their understanding of the obligations and responsibilities stated in this Agreement arising from the Consumer Protection Law Numbered 6502 and the Regulation on Long Distance Sales Contracts. The subject of this Agreement is the determination of the rights and obligations of the parties pursuant to the provisions of the Consumer Protection Law and the Regulation on Long Distance Contracts relating to the sale and delivery of goods/services with the qualifications specified in the agreement which are ordered electronically by the Buyer for the purchase of products of the Seller over www.drgurayortho.com or through other domain names ("Web Site")linked to the service provided owned by Güray Dental-Yaşar Enis Güray .
The execution of this Agreement shall not prevent the parties from the fulfillment of the provisions of the website membership agreements separately signed with www.drgurayortho.com and the parties agree and declare that www.drgurayortho.com is not a party to the sale of the product which is the subject matter of this Agreement and it does not have any responsibility and undertaking with regard to the fulfillment of the obligations of the parties under the Agreement.
ARTICLE 3 - ESSENTIAL FEATURES AND PRICE OF THE GOOD SUBJECT MATTER OF THE AGREEMENT
The type and quantity and amount, brand/model, color and sale price including taxes and delivery information of the product/products are as follows:
Payment Method and Schedule:
It is the payment method that you make with your credit card via the online virtual POS application. In our website, the POS infrastructure of ........................ is used.
Delay interest received:
The interest rate used for the calculation of the delay interest is: 0% or the amount of the installment that you have chosen is the corresponding amount.
The delivery shall be commenced within 3 business days following the order. Delivery can be completed within seven (7) business days.
ARTICLE 4 - DELIVERY OF THE GOODS AND TYPE OF DELIVERY
The agreement has been entered into force upon the approval of the Buyer and it is fulfilled once the Good/Service, which is purchased by the Buyer from the Seller, is delivered to the Buyer. The goods/services shall be delivered to the person/persons at the address specified in the Buyer's order form and in this agreement.
ARTICLE 5: DELIVERY COSTS AND PERFORMANCE
The delivery costs of the Goods/Services belong to the Buyer. If the Seller declares on the website that the delivery costs shall be covered by the Seller, the delivery costs shall be borne by the Seller. The delivery of the goods; shall be made in the case of availability of the Seller's stock and in the period committed after the payment is made. The Seller shall deliver the Goods/Service within 7 (seven) days from the date of ordering the Goods/Services by the Buyer and reserves the right to extend the additional period of ten (ten) days by a written notice within this duration. If the fee of Goods/Service is not paid by the Buyer for any reason or the payment made is canceled in the bank records, the Seller shall be deemed to have been liberated from the obligation of the delivery of the Goods/Services.
ARTICLE IV - DECLARATIONS AND UNDERTAKINGS OF THE BUYER
The Buyer declares that s/he has read and informed about the preliminary information, on the essential features of the contractual product given on the website, the sales price and the method of payment and delivery, uploaded by the Seller and has given the necessary confirmation in electronic environment. The Buyers, as a Consumer, may submit their requests and complaints with the channels provided by the contact details of the Seller given above.
The Buyer, by confirming this Agreement and Preliminary Information Form electronically, confirms that the address required to be given by the Seller to the consumer prior to the establishment of the distance agreement, the essential features of the products ordered, the price including the taxes, payment and delivery information of the products are obtained accurately and completely.
The Buyer shall examine the goods/services, subject matter of this Agreement, prior to their receipt, in case s/he takes the delivery of the destroyed and defective goods/services such as the damaged, broken, torn packaging etc. from the cargo firm, the responsibility belongs fully to the Buyer. The Goods/Services received by the Buyer from the officer of the cargo firm shall be deemed to be undamaged and solid. Following the delivery, the responsibility of the Goods/Services and damages shall be borne by the Buyer. Following the delivery of the goods/services, if the bank or the financial institution does not pay the price of the goods/services for the reason that the credit card belonging to the Buyer is unfairly or unlawfully used by unauthorized persons, which is not caused by the Buyer's fault, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days provided that such Goods/Services are delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.
ARTICLE 7: STATEMENTS AND UNDERTAKINGS OF THE SELLER
The Seller is responsible for the delivery of the Goods/Services which is subject matter of the Agreement in accordance with the Consumer Legislation, in a sound, complete manner, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if there is any, to the Buyer. The Seller is obliged to notify the Buyer of the situation as soon as possible if he fails to deliver the product which is the subject matter of the Agreement within the term due to force majeure or extraordinary circumstances that prevent the transport. The Seller shall not be held responsible in case the Goods/Services which are the subject matter of the Agreement, are to be delivered to another person other than the Buyer, are not taken delivery by such person.
Article 8 – RIGHT OF WITHDRAWAL
The Seller warrants that Buyer has the right of withdrawal from the agreement by refusing the goods or services within 14 (fourteen) days as of signing the agreement and taken delivery of goods without carrying out any civil and criminal liability and without stating any reason and the Seller shall take back the goods upon receiving the notice of withdrawal. The notice of withdrawal and other notices related to the the agreement shall be sent to the seller with the communication information channels of the seller provided above.
In order to use the right of withdrawal, it must be in accordance with the provisions of the legislation and notified within this period to the seller.
In case the right of withdrawal is used:
a) The return of the product, delivered to the Buyer or to the third party who has been informed by the Buyer as stated above, is obligatory.
b) Products to be returned within a period of 14 (fourteen) days shall be delivered in complete and undamaged status together their boxes, packaging and standard accessories, if they have any, including the gifted products, if there are any. Within the following 10 days after the notice of withdrawal and information are received, the product price shall fully refunded to the Buyer in the method of payment used by the Buyer. While the products are returned to the Seller, the original invoice submitted to the Buyer upon the delivery of the product, must also be returned. Return cargo fee shall be paid by the Seller. The return section of the invoice, which shall be returned with the product, shall be filled in and signed by the Buyer when returning.
ARTICLE 9 - CASES WHEN THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal can not be used in the following cases:
a) Service agreements that are being performed due to the confirmation of the Consumer prior to the expiration of the right of withdrawal,
b) Agreements relating to the goods of which price specified in the stock exchange or other organized markets,
c) Agreements regarding the delivery of goods prepared towards the personal requests of the Consumer, specifically for the personal needs of her/him, by nature not appropriate to return, goods with a possibility of deterioration easily or expiration of use,
d) Provided that the package was unwrapped by the Consumer, Agreement for the audio or video recordings, software programs and computer consumables,
e) Agreements for the delivery of periodicals such as newspapers,magazines,
f) Agreements for the performance of services of betting and lottery,
g) Agreements relating to the services that are executed instantly in the electronic environment and non tangible goods delivered instantly to the consumer.
ARTICLE 10- SETTLEMENT OF DISPUTES
In case Consumers have disputes with the Seller and the dispute can not be solved by the Seller, the applications for complaints and objections regarding the transactions of products with a price up to 1.161,67 TL shall be made to the Arbitration Committee for Consumer Issues at the place of purchase of the product or their residence addresses; the applications for complaints and objections regarding transactions of products with a price more than 1.161,67 TL shall be made to the Consumer Court at the place of purchase of the product or their residence addresses.
In the paragraph three of Article 5 of the Regulation on Arbitration Committee for Consumer Issues, published in the Official Gazette dated 01.08.2003 and numbered 25186, the sub-monetary limit for the provincial arbitration committees operating in the provinces having the metropolitan status are authorized to have jurisdiction for the disputes is 3.032,65 TL.
ARTICLE 11 - PRICE OF GOODS / SERVICE
Cash or forward price of the goods/services is the price that is included in the sample invoice e-mailed to the customer at the end of the order and in the invoice sent along with the product, although down payment priceis included in the order form. Discounts, coupons and others made by the Seller or by ........ are reflected in the sales price.
ARTICLE 11 - DEFAULT AND LEGAL CONSEQUENCES:
The Buyer shall pay interest and be liable to the bank in the framework of the credit card agreement which has signed between the Buyer and the bank owning the credit card in case he fails into default in the transactions realized with the credit card. In this case, the concerned bank may apply for legal remedies, may request the costs incurred and attorney fees from the Buyer, and if the Buyer fails into default due to the its debt in any circumstances, the Buyer agrees to pay the Seller's loss or damage due to delayed performance of debt.
ARTICLE 12 – NOTIFICATIONS and EVIDENTIAL AGREEMENT
All kinds of correspondence between the Parties under this Agreement shall be made by e-mail, except for obligatory cases stipulated in law. The Buyer hereby agrees and undertakes that in the event of any dispute arising out of this Agreement, the Seller's official books and commercial records as well as the electronic data and computer records held by the Seller and ...... in its own database and servers shall constitute binding, final and exclusive evidence and that this article is in the nature of evidential agreement in accordance with article 193 of the Code of Civil Procedure.
Article 13- ENFORCEMENT;
This Agreement consisting of 13 (thirteen) articles were read by both Parties, confirmed by the Buyer in the electronic form and is enforced forthwith.
THE SELLER: Güray Dental-Yaşar Enis Güray
Information on the Agreement - FAQ (Frequently Asked Questions)
- When did the Consumer Protection Law Numbered 6502 come into force?
The Protection of Consumers Law Numbered 6502 came into force on 28.05.2014.
- How to use the right of withdrawal in the products purchased before 28.05.2014?
For products purchased before 28.05.2014, the Law no. 4077 on Consumer Protection is applicable. According to this law, buyers have the right to return the products within 7 days as of the date of delivery, without giving any reason for using their right of withdrawal and "without paying the cargo fee". The valid period for the refund requests outside the right of withdrawal is 30 days.
- What products do not exercise the right of withdrawal?
- The buyer shall not exercise his/her right to withdrawal for the products that are produced according to the special desires of the buyer or that are made special with making changes or additions,
- Products that are not appropriate for being returned in terms of quality (Conditions of returning the product such as underwear, swimsuits, cosmetics which are products that are sensitive due to the hygienic status are to be unwrapped and untested.)
- Audio or video recordings (DVD, CD and Cassette, etc.), printed products (Books, magazines, etc.), software programs and computer supplies which are unwrapped by the Buyer,
- Products with danger of rapid deterioration or with the possibility of extension the expiry date,
- Products of which price specified in the stock exchange or other organized markets (all products in the category of Bullion, Gold and Silver, etc.)
- Products and services such as hotels, domestic / international tours, excursions and flight tickets purchased from holiday category. Cancellation/return of these products and services is carried out in accordance with the vendor agency principles.
- Who is responsible for the return cargo fee during the process of the right of withdrawal?
- The return cargo fee for the returns of the products under the right of withdrawal belongs to the sellers. Buyers have the right to return the products without paying the cargo fee, even if the buyers return the products for personal reasons.