ARTICLE 1 – PARTIES
(Commercial) Title: CANTO 21 İÇ MİMARİ VE TASARIM LTD. ŞTİ.
Address: KURUÇEŞME MAH. ARNAVUTKÖY KURUÇEŞME CAD. NO:57/4 BEŞİKTAŞ İSTANBUL
Name – Surname / Title:
ARTICLE 2 – SUBJECT AND SCOPE OF THE CONTRACT
The Distance Sales Contract herein (“Contract”) has been issued in accordance with the Law on the Protection of Consumer No. 6502 (“Law”) and the Regulation on Distance Sales Contracts. The parties of this Contract (“Parties”) hereby accept and declare that they acknowledge and understand their obligations and liabilities arising from the Law and the Regulation on Distance Sales Contracts under this Contract.
The subject of the Contract is to determine the mutual rights and obligations of the Parties as per the Law and the Regulation on Distance Sales Contracts regarding the sale and delivery of the products (“Product(s)”) indicated below and ordered by the Buyer via the website www.canto21.com (“Website”) belonging to Canto 21 ( “Seller”).
After the Buyer approves the Contract on the Website, the price and expenses of the Product(s) ordered are collected by the chosen payment method.
ARTICLE 3 – PRODUCT(S) SUBJECT TO CONTRACT, PRICE (VAT INCLUDED), PAYMENT AND DELIVERY METHOD
|PRODUCT||UNIT PRICE (TL)||QUANTITY||TOTAL AMOUNT (TL)|
|Trademark, Product, Colour, Size etc.||____ TL||_||___ TL|
|Total gift cards used||___ TL|
|Order processing and delivery costs||___ TL|
|ORDER TOTAL VALUE (VAT INCLUDED)||_____ TL|
Payment Method: (Payment by credit card / Payment at the door with credit card or cash payment)
[Card type Visa …
Card number …
Payment credit card …
Installment on credit card / One shot …
Total amount …]
|Delivery Information :|
|Name Surname/ Title :|
|Invoice Information :|
|Name, Surname/ Title :|
The announced prices are valid until they are updated and modified.
The cash or the forward sale price of the Product(s), stated in the order form, is the price indicated in the information e-mail sent after the order and in the invoice sent to the customer with the product. Discounts, delivery fees and other practices made by the Seller are reflected in the sale price.
ARTICLE 4 – DELIVERY OF THE PRODUCT(S), DELIVERY METHOD AND DELIVERY COSTS
The delivery of the Product(s) is made within the stipulated time after the payment is made. The Seller, without prejudice to the cases where it is impossible to fulfill obligations related to the Product(s) subject to the order, will deliver the Product(s) to the address and to the authorized person(s) specified by the Buyer in the order form and in this Contract within the specified time period written on the Product’s information page.
If, for any reason, the price of the Product(s) is not paid by the Buyer or the payment made is canceled in the bank records, then the Seller is discharged from his/her obligation to deliver the Product(s).
In the event that the Buyer or the authorized person(s) specified by the Buyer is not present in his/her address at the time of delivery, the Seller is deemed to have fully and completely fulfilled its obligations under this Contract.
In general, and unless otherwise stated, delivery costs of the Product(s) shall be borne by the Buyer.
If the Buyer cancels the order after the products are dispatched from the Seller and but before they are received by the Buyer, the Buyer shall bear the delivery costs.
ARTICLE 5 – BUYER’S DECLARATIONS AND WARRANTIES
By confirming the Contract and the Preliminary Information Form in the electronic environment, the Buyer also confirms that he/she has completely and accurately obtained the information, which should be given to the Buyer by the Seller before the conclusion of the distance sale contracts, about the address, main features of the Product(s) ordered, the price of the Product(s) (including taxes), payment, delivery and delivery price.
With this Contract, the Buyer agrees, declares and undertakes that he/she has revealed his/her will to electronically purchase the Product(s) indicated in the article 3 of the Contract and understands that he/she will enter into obligation to pay the price of Product(s) subject to the Contract. If the price is not paid by the Buyer or cancelled by the bank, the Seller shall be discharged from the obligation to deliver the Product(s) and this agreement shall be deemed to be terminated.
In the event that the Product/Products is received by the Buyer from the delivery company in an apparently defective condition, such as the Product/Products has been broken or the packaging has been lacerated, the product liability lies with the Buyer.
Following the delivery of the product, if the relevant bank or financial institution does not transmit the payment made by the Buyer to the Seller, due to unlawful use of the Buyer’s credit card by unauthorized people, the Buyer shall return the product within 3 days to the Seller and the delivery costs shall be borne by the buyer.
The Buyer, as a consumer, can notify the Seller of his/her demands and complaints using the Seller’s contact information mentioned above.
ARTICLE 6 – SELLER’S DECLARATIONS AND WARRANTIES
The Seller is responsible for delivering the Product(s) subject to the Contract in a good condition, complete manner, in accordance with the specifications indicated in the order and if any, with the user guides.
In the event that the fulfillment of the Product(s) subject to order becomes impossible, the Seller will notify the Buyer within three days from the date of learning of this situation and the payments collected, including the delivery costs, if any, shall be returned within fourteen (14) days following the date of notification.
If the goods or services subject to the Contract are to be delivered to another person than the Buyer, and if this person does not accept the delivery, the Seller shall not be held liable.
The Seller will keep the information and documents of each transaction regarding the right of withdrawal, information, delivery and other obligations for three years. In addition, electronic records regarding e-commerce transactions will be kept for 6 months and these records must be submitted to the Ministry of Customs and Trade upon request.
ARTICLE 7 – THE RIGHT OF WITHDRAWAL
The Buyer may use his/her the right of withdrawal within 14 (fourteen) days from the date of delivery in transactions related to the sale of goods without showing any reason and taking any civil or criminal responsibility. the Buyer may also use his/her right of withdrawal within the period until the delivery of the Product(s).
The Buyer should direct to the Seller a clear notification indicating that he/she has exercised his/her right of withdrawal within the legal 14-day period (It must be sent in writing to the above-mentioned contact addresses).
The Buyer should send the Product(s) to be returned to the Seller within 10 (ten) days from the date of exercise of withdrawal right. The Buyer must also return the invoice, box, packaging, standard accessories, if any, and other products gifted with the products in a complete and undamaged manner.
The Buyer shall not be liable for any changes or distortions in the Product(s) if he/she uses the Product(s) in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Otherwise, the Buyer shall be liable by law. Accordingly, the Buyer may forfeit the right of withdrawal if there is a change or distortion in the Product(s) as the Products not being used in accordance with the operation, technical specifications and usage instructions until the date of withdrawal.
If the contracted delivery company is indicated on the Seller’s Website for returns, the Buyer shall not be liable for return related expenses so long as he/she returns the Product(s) through the contracted delivery company. In the event that the Buyer returns the Product(s) with a delivery company other than the contracted one, the Seller shall not be liable for the return delivery costs and if the product is damaged during the delivery process.
Provided that the above-mentioned conditions are fulfilled by the Buyer, the price of the Product(s) and the delivery costs, if any, shall be returned to the Buyer within 14 days from the date of receipt of the withdrawal notification to the Seller, through the payment method used when purchasing the Product(s).
ARTICLE 8 – CIRCUMSTANCES THAT THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
In accordance with the legislation, the Buyer cannot exercise the right of withdrawal in the following situations:
– Contracts regarding the goods and services of which prices are changing depending on the fluctuations in the financial markets and out of the control of the Seller; (e.g jewelry, gold, and silver);
– Contracts regarding the delivery of goods which are prepared in accordance with the Buyer’s requests or his/her personal needs, which are not suitable for return due to their nature and that are in danger of rapid distortion or are likely to expire;
– Contracts regarding the delivery of the goods of which protective element such as package, tape, and seal is opened provided that it is inappropriate to return them due to health and hygiene concerns;
– Contracts regarding the goods which are mixed with other goods and impossible to separate intrinsically;
– Contracts regarding the books, sound and video records, software and computer consumable materials which offered in the physical environment provided that their protective elements such as package, tape, and seal opened by the Buyer;
– Contracts regarding the delivery of the periodical publications such as journals and magazines except for the ones provided within the scope of the subscription agreement;
– Contracts regarding accommodation, moving, rent a car, supply of foods and beverages, and recreational activities which have to complete within a certain date or period;
– Contracts regarding the fulfillment of betting and lottery-related services;
– Contracts regarding the services which started to be provided with the approval of the consumer before the expiry date of the right of withdrawal;
– Contracts regarding the services fulfilled immediately in the electronic environment and incorporeal property that are delivered to the consumer immediately (gift card, gift voucher, coupon, etc.).
ARTICLE 9 – SETTLEMENT OF DISPUTES
In the settlement of any and all disputes that may arise from this Contract, Consumer Issues Arbitration Boards are authorized up to the value declared annually by the Ministry of Industry and Trade; and Consumer Courts are authorized for the values exceeding it. The Buyer, in this context, may apply to the Arbitration Boards and Consumer Courts in his/her or the Seller’s place of residence.
ARTICLE 10 –NOTIFICATIONS AND EVIDENTIAL CONTRACT
Any correspondence between the Parties in respect of this Contract shall be made by way of e-mail, except obligatory cases stated by the legislation. In any and all disputes that may arise from this Contract, the Buyer agrees, declares, and undertakes that the Seller’s official books and commercial records, as well as electronic information and computer records stored in its database and servers, will constitute a binding, final and exclusive evidence, and this article has the characteristics of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 11 – ENFORCEMENT
This Contract consisting of 11(eleven) articles, has been read by the Parties, signed and entered into force on x/x/2021 with the electronic approval of the Buyer.