Distance Selling Agreement
SIDES
This Agreement is between the person purchasing the product/service (“BUYER”). Forsit Office Systems Cons. Singing. and Tic. Ltd. Ltd. ("SELLER") within the framework of the terms and conditions stated below.
By accepting this contract, the BUYER accepts that if he/she approves the order subject to the contract, he/she will be obliged to pay the price subject to the order and additional fees, such as shipping fee and tax, if any, and that he/she has been informed about this.
DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below will express the written explanations opposite them.
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or on behalf of the offerer of goods,
BUYER: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The forsitdesign.com website belonging to the SELLER,
ORDERER: The real or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
PRODUCT: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.
SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically through the SITE.
SELLER INFORMATION
Title: Forsit Ofis Sistemleri İnş. Singing. and Tic. Ltd. Ltd.
Address: Gürsel Mh. Kağıthane Cd. Seğmen Sk. No: 30/A Kağıthane / Istanbul
Phone: 0212 233 04 82
Mersis Number: 03880057273200016
Email: info@forsit.com.tr
RECEIVER INFORMATIONS
The membership information of the real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes is taken as basis.
INFORMATION OF THE PERSON WHO PLACED THE ORDER
The membership information of the real or legal person requesting a PRODUCT through the SITE is taken as basis.
CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
7.1. The basic features of the PRODUCT (type, quantity, brand/model, color, quantity) are published on the SITE. If a campaign has been organized by the SELLER, the basic features of the relevant product can be reviewed on the SITE during the campaign. The campaign is valid until the end date announced on the SITE.
7.2. The prices listed and announced on the SITE are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
7.3. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER unless otherwise stated.
DELIVERY COSTS AND EXECUTION
8.1. Delivery costs of the goods belong to the BUYER unless there is a provision to the contrary. If the SELLER has declared on the SITE that the delivery fee will be covered by the SELLER, the delivery costs will be borne by the SELLER.
8.2. Delivery of goods; It is made within the promised time after the payment is made. The SELLER delivers the goods or services within 30 (thirty) days from the order of the goods or services by the BUYER, provided that the fulfillment of the goods or services subject to the order becomes impossible.
8.3. If, for any reason, the BUYER does not pay for the goods or services or the payment is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the goods or services.
8.4. In order cancellations made by the BUYER after the goods are shipped by the SELLER but before the BUYER receives them, the BUYER is responsible for the shipping cost.
8.5. In cases where it becomes impossible to fulfill the goods or services subject to the order, the SELLER will inform the BUYER within 3 (three) days from the date of learning of this situation and will make all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification. will refund within .
BUYER'S REPRESENTATIONS AND COMMITMENTS
9.1. BUYER declares that he/she has read and informed the preliminary information uploaded by the SELLER regarding the basic characteristics of the goods or services subject to the Contract on the SITE, the sales price and payment method, and the delivery and cargo cost, and has given the necessary confirmation electronically.
9.2. BUYER, as a consumer, can submit their requests and complaints using the SELLER contact information above and/or through the information on the SITE.
9.3. By confirming this Agreement electronically, the BUYER shall also ensure that the address, basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery price information that must be given to the BUYER by the SELLER before the conclusion of distance contracts are accurate and accurate. confirms that it has been acquired completely. The BUYER is responsible for any items that were damaged, broken, the packaging was torn, etc. at the time of delivery. In case of receiving the goods or services subject to the Contract, which are obviously damaged or defective, from the cargo company, the responsibility belongs entirely to him/her.
9.4. After the delivery of the goods or services, if the relevant bank or financial institution does not pay the price of the goods or services to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER will receive the goods, provided that the goods have been delivered to him. or is obliged to return the service to the SELLER within 3 (three) days. In this case, delivery expenses belong to the BUYER.
9.5. BUYER declares and undertakes that the personal and other information he/she provided while becoming a member of the SITE is accurate, and that he/she will compensate the SELLER for all damages that the SELLER may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER.
9.6. Communication by letter, e-mail, SMS, telephone call and other means through the SELLER's address, e-mail address, landline and mobile telephone lines and other contact information specified by the BUYER in the registration form for the SITE or updated by him later, has the right to reach the BUYER for marketing, notification and other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards him/her.
9.7. BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services should not be used and the invoice should be returned.
9.8. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SITE. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.
9.9. BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that prevents or complicates the use of the services by others.
SELLER'S REPRESENTATIONS AND COMMITMENTS
10.1. The SELLER is responsible for delivering the goods or services subject to the contract to the BUYER in accordance with the consumer legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
10.2. If the SELLER cannot deliver the goods or services subject to the contract within the deadline due to force majeure or extraordinary circumstances that prevent transportation, it is obliged to notify the BUYER within 3 (three) days from the date of learning of the situation.
10.3. The SELLER accepts, declares and undertakes that if it becomes impossible to fulfill the product or service subject to the order and cannot fulfill its contractual obligations, it will notify the consumer within 3 (three) days from the date of learning of this situation and will refund the total price to the BUYER within 14 days.
10.4. If the goods or services subject to the contract are to be delivered to a person other than the BUYER, the SELLER cannot be held responsible if the person to be delivered does not accept the delivery.
10.5. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the SITE, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
10.6. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the time limit due to force majeure situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with a similar one, if any, and/or postpone the delivery period until the hindering situation disappears. In case the order is canceled by the BUYER, for the payments made by the BUYER in cash, the product amount will be paid to him/her in cash and in lump sum within 14 days. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER warns that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take up to 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after it is returned to the bank is entirely related to the bank transaction process, the BUYER should contact the SELLER for possible delays. accepts, declares and undertakes that it cannot be held responsible.
10.7. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order. or may request the BUYER to submit a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
10.8. Links may be provided through the SITE to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties. These links are placed to provide ease of navigation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained on the linked website.
10.9. The BUYER who violates one or more of the articles listed in this contract will be personally and criminally and legally responsible for this violation. SELLER cannot be held responsible in any way for the aforementioned violation of the BUYER. SELLER reserves the right to claim compensation due to BUYER's violation of the Agreement.
RIGHT OF WITHDRAWAL
11.1. BUYER; In case the distance contract is related to the sale of goods, the person may exercise his right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization at the address indicated, without assuming any legal or criminal liability and without giving any justification, provided that he notifies the SELLER. In distance contracts for service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the approval of the consumer before the right of withdrawal expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
11.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail or e-mail through the SELLER's contact information on the SITE within a period of 14 (fourteen) days and the product must be unused within the framework of the "Products for which the Right of Withdrawal cannot be Exercised" provisions set out in this contract. It is a must. If this right is exercised:
a) The invoice of the product delivered to the person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of institutions cannot be completed unless the return invoice is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including their box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER within a period of 10 days at the latest after receiving the notice of withdrawal, and to receive the goods back within 20 days.
e) If there is a decrease in the value of the goods or a return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
12.1. Products that cannot be returned due to their nature; Returns of disposable products, products that deteriorate quickly or are likely to expire are not accepted.
12.2. The BUYER cannot exercise his right of withdrawal in the case of a product that is produced in accordance with the BUYER's special requests and demands, or that has been personalized by making changes or additions, or that cannot be returned due to its nature, that is likely to deteriorate rapidly or expire.
12.3. The ability to return products is subject to the condition that the product's packaging is unopened, intact and the product is unused and untested.
DEFAULT AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that in case of default when making payment transactions by credit card, the card holder will pay interest within the framework of the credit card agreement with the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees that may arise from the BUYER, and in any case, in case of default due to the BUYER's debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.
AUTHORIZED COURT
In the implementation of this Agreement, Consumer Arbitration Committees are authorized within the monetary limits declared by the MINISTRY, and in cases exceeding them, Consumer Courts and Enforcement Offices in the place of residence of the BUYER and SELLER are authorized.
When the BUYER makes the payment for the order placed on the SITE, he/she is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the SITE before the order is placed.