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DISTANCE SALE CONTRACT
THIS CONTRACT CONTAINS PROVISIONS RELATED TO THE PRODUCT YOU
HAVE PURCHASED FROM THE WEBSITES WWW.HAREMLIQUE.COM and WWW.HAREMLIQUEALAMER.COM. UPON YOUR APPROVAL OF THE
ORDER, YOU WILL HAVE ACCEPTED AND ACKNOWLEDGED TO BE BOUND BY THESE TERMS OF
SALE. PLEASE READ CAREFULLY.
Article 1.
SCOPE
This subject matter of this Contract is to determine the rights
and obligations of the parties under the provisions of the Law No. 6502 on the
Protection of Consumers and the Regulation on Distance Contracts announced in
the Official Gazette dated 27.11.2014 and numbered 29188 in relation to the
sale and delivery of the product, the qualifications and sales price of which
are specified below, and which the PURCHASER has ordered electronically through
the SELLER’s websites www.HAREMLIQUE.com and www.HAREMLIQUEALAMER.com.
Article 2.
PARTIES
INFORMATION ON SELLER:
Title: HAREMLİK TEKSTİL ÜRÜNLERİ SAN. VE TİC.LTD.ŞTİ.
Address: Kanlıca Mah. Mihrabat Cad. No: 90 34810 Beykoz-İstanbul
Phone: +90 (216) 693 10 40.
Fax: +90 (216) 693 10 41.
E-mail: HAREMLIQUE@HAREMLIQUE.com
Central Registration System No.: 0 4570 5150 7300018
INFORMATION ON PURCHASER:
Person to Take the Delivery:
Delivery Address:
Phone:
Fax:
E-mail/User Name:
INFORMATION ON ORDERER (hereinafter to be referred to as
“ORDERER”):
Name/Surname/Title:
Address:
Phone:
Fax:
E-mail/User Name:
The person who, as a customer, became a member of the websites www.HAREMLIQUE.com
and www.HAREMLIQUEALAMER.com. Address and contact
information have been provided during registration to the website.
Article 3.
INFORMATION ON CONTRACTUAL PRODUCT
- The type, quantity, model, color, number,
sales price and mode of payment of the product are comprised of the information as at
the finalization time of the order.
- The basic qualifications (type, quantity,
brand/model, color, number) of the Good/Product(s) are present in the
website of the SELLER.
- The prices listed and announced in the
website are sales prices. The announced prices and promises are valid
until updated and modified.
- The sales price of the contractual product
including all taxes are indicated in the following table.
Payment Mode and Plan:
Delivery Address:
Person to Take the Delivery:
Invoice Address:
Date of Order:
Delivery Date:
Delivery Mode:
Article 4.
GENERAL TERMS
- The PURCHASER accepts,
declares and undertakes that the PURCHASER has read the preliminary
information related to the basic qualifications, sales price, mode of
payment and delivery of the contractual product in the websites www.HAREMLIQUE.com
and www.HAREMLIQUEALAMER.com and
has knowledge and information on the same and has provided the
necessary confirmation electronically. Through the electronical
confirmation by the PURCHASER, the PURCHASER accepts, declares and
undertakes that it accurately and completely obtained information as to
the address, basic qualifications of the ordered products, price of the
products including taxes, payment and delivery information that are
required to be provided by the SELLER to the PURCHASER prior to the conclusion
of the Distance Sale Contract.
- For the deliveries to take place outside
Turkey, the delivery cost is not included in the product price. The
transportation cost of the product shall be paid by the PURCHASER
additionally. The SELLER shall spare its best commercial efforts to send
the product through an appropriate carrier and transporter.
- The SELLER may change the products and their
prices offered by the same in its website due to, including but not
limited to, the change in the market conditions, non-continuance of the
sale of the product, lack of product, change of prices by the producer or
errors in advertisements thereof.
- If the contractual product will be
delivered to a person/institution other than the PURCHASER, the SELLER
cannot be held responsible for the non-acceptance of the delivery by the person/institution
to which the product would be delivered.
- The SELLER is responsible for the delivery
of the contractual product in a sound and complete manner and in
accordance with the qualifications specified in the order.
- For the delivery of the contractual
product, it is requisite that the signed copy of the Contract has been
received by the SELLER and the product price has been paid through the
payment mode selected by the PURCHASER. If, for any reasons whatsoever,
the product price is not paid or is cancelled in the bank records, the
SELLER is deemed to have been relieved from the liability to deliver the
product.
- If, after the delivery of the product, the
relevant bank or finance institution does not pay the product price to the
SELLER due to the unjust or illegal use of the PURCHASER’s credit card by
unauthorized persons in a manner not attributable to the fault of the
PURCHASER, it is obligatory to send the product to the SELLER within 3
days provided that the product was delivered to the PURCHASER itself. In
such a case, the transportation costs belong to the SELLER.
- If the SELLER cannot deliver the contractual
product in due of time because of force majeure or extraordinary
circumstances such as adverse weather conditions preventing
transportation, cut of transportation, the SELLER is liable to notify the
PURCHASER accordingly within 3 days. In such a case, the PURCHASER may exercise
one of its rights of the cancellation of order, replacement of the contractual
product with its equal qualification, if any, and/or adjournment of the
delivery term until the removal of the preventive situation. In case where
the PURCHASER cancels the order, the amount paid by the PURCHASER will be
paid to it within 14 days.
- The PURCHASER should examine the product during
its delivery from the carrier to the PURCHASER. In case of the existence
of a visible defect in the product, the delivery of the product should not
be taken and the product should be sent to the SELLER.
- The defective product is the one that is
contrary to the Contract due to the fact that at the time of the delivery
to the PURCHASER, it is not in compliance with the sample or model agreed
by the Parties or it does not bear the qualifications that should be
possessed objectively. Also the products that do not possess one or more
than one of the qualifications included in its package, label,
introductory guide and users’ manual, internet portal or advertisement and
announcement, that are contrary to the qualification declared by the
SELLER or designated in its technical arrangement, that do not meet the
intended use of the equivalent goods, that decrease or remove the benefits
reasonably expected by the PURCHASER and that include material, legal or
economical deficiencies are deemed as defective product. In case the
product is defective, the PURCHASER is liable to immediately notify the
SELLER. In such a case, the PURCHASER is entitled to claim rescission of
contract also including the return of the price, the replacement of the
product with a non-defective and fungible one if possible or price
reduction pro rata to the defect or free-of-charge repair. The SELLER is
liable to fulfil such claim preferred by the PURCHASER.
- The Contract is deemed to have been concluded
between the PURCHASER and the SELLER at the time the PURCHASER inserts its
credit card information to the form included in the Website and places the
order. The PURCHASER has, at all times, the right to access to the Preliminary
Information Form and Distance Sale Contract through the Website.
- The PURCHASER may make its claims and
complaints related to the granted services to the mail or electronic mail
address of the SELLER specified above.
The contractual product(s) shall be delivered to the PURCHASER
or the person/institution at the address designated by the PURCHASER within the
term explained in the preliminary information based upon the distance of the
residential area of the PURCHASER for each and every product on the condition
that the legal term of 15 days is not exceeded.
Article 5.
RIGHT OF WITHDRAWAL
The PURCHASER has the right of withdrawal within (14) days as of
the delivery of the contractual product to the PURCHASER itself or the
person/institution at the address designated by the PURCHASER, without the
designation of any reasons and without the payment of penal sum. It is
obligatory that for the exercise of the right of withdrawal, notification
should be made to the SELLER to its following electronic mail address within
the referred period of time or a written notification should be made and the
product should not have been used within the framework of the provisions of the
relevant article and its package should not have been opened. In case of the
exercise of such right, it is obligatory to return the copy of the courier
delivery report substantiating that the product delivered to the PURCHASER or
third party has been sent to the SELLER
as well as the original invoice. The SELLER is liable to return the received
price, valuable paper and all and any kind of documents encumbering the
consumer based upon such legal transaction within 14 days as of the date the
withdrawal notice is received by the SELLER
and to take the product back within 10 days. If the original invoice is not
sent, VAT and other legal liabilities, if any, cannot be returned. The courier
cost of the product returned on account of right of withdrawal shall be borne
by the SELLER. Furthermore, the PURCHASER cannot exercise right of withdrawal in
respect of products which were produced as per the special requests and demands
of the consumer or which were turned into tailor-made through changes or
additions thereon or products that are perishable by nature or products whose
use age has passed and products related to food products, or, out of the products
whose protective elements such as package, tape, seal, packing have been opened,
the products whose return is not convenient in respect of health and hygiene.
The carrier prescribed within the scope of right of withdrawal is Yurtiçi
Kargo.
The PURCHASER can exercise right of withdrawal as follows.
Address: Kanlıca Mah. Mihrabat Cad. No: 90 34810 Beykoz-Istanbul
or e-mail: HAREMLIQUE@HAREMLIQUE.com
Article 6.
MISCALLENOUS
- If the payment is effected via credit card
or a similar payment card, the PURCHASER may claim the cancellation of the
payment transaction on the ground that its card has been used without its
consent and illegally. Therefore, the institution that has issued the card
shall return the payment amount to the PURCHASER within 10 days as of the
notification of the objection to such institution.
- If the PURCHASER has any complaint in
relation to its order and/or the product constituting the subject matter
of the order and/or in any respect related to the order, it may notify its complaint to the
SELLER by means of the aforementioned contact information or by means of
the contact information specified in websites www.HAREMLIQUE.com and www.HAREMLIQUEALAMER.com. The applications
covering the complaint made by the PURCHASER shall be immediately recorded
and the authorized units shall evaluate and endeavor to solve the same and
shall revert back to the PURCHASER within the shortest period of time.
- As to the implementation of this Contract,
the Consumer Arbitration Committees, up to the value announced by the
Ministry of Customs and Commerce, as well as the Consumer Courts at the
residential area of the SELLER or PURCHASER have jurisdiction.
- The SELLER is liable for the losses and
damages to occur until the delivery of the product to the PURCHASER or a
third party to be designated by the PURCHASER other than the carrier. In
case the PURCHASER requests for the shipment of the product through a
carrier other than the carrier designated by the SELLER, the SELLER is not
responsible for the losses or damages that may occur as of the delivery of
the product to the carrier designated by the SELLER.
- The member violating one or few of the
articles enumerated in this Contract is personally liable for such
violation both criminally and legally and shall hold the SELLER harmless
from the legal and criminal consequences of such violations. Furthermore,
if any event based upon such violation is made subject to any legal act,
the right of the SELLER to claim compensation from the member due to
acting against the membership agreement is reserved.
YOU WILL BE BOUND ALSO BY THE FOLLOWING TERMS AND CONDITIONS IN
RESPECT OF THE INTERNATIONAL PURCHASES YOU WILL MAKE THROUGH THE WEBSITES WWW.HAREMLIQUE.COM
and WWW.HAREMLIQUEALAMER.COM. SINCE THE CONFIRMATION OF YOUR ORDER BY YOUR
PARTY WILL IMPLY THAT YOU HAVE ACCEPTED THESE CONDITIONS, PLEASE READ THE SAME
CAREFULLY.
- DELIVERY
Transportation and customs expenses are not included in the
product prices. For the deliveries to be made outside Turkey, all
transportation and customs expenses shall belong to the PURCHASER.
- TAXES
All and any type of taxes including VAT arising from the sale of
product shall belong to the PURCHASER.
- DELAYS DURING RETURN
The PURCHASER is personally liable for exceeding the return
period due to the delays arising from the transportation or customs during the
product return process.
- WARNINGS
The PURCHASER accepts that with respect to the sales made to destinations
outside Turkey, the there may not be manufacturer guarantee, product manuals,
guaranty and security warnings may not be in the language of the destination
country and the product and its supplements may not have been produced as per
the standards of the destination country. Furthermore, the PURCHASER also
guarantees that the importation of the purchased product to the destination
country is legal.
- LIMITATION OF LIABILITY
The SELLER is not liable for the delays to occur due to the
customs rules in the country to which the purchased product was imported. WITH
RESPECT TO THE PURCHASED PRODUCT, THE SELLER DOES NOT GUARANTEE THAT THE
PRODUCTS ARE GOOD FOR TRADE OR FIT FOR A PARTICULAR PURPOSE OR WILL MEET YOUR
NEEDS. THE SELLER DOES NOT GIVE ANY EXPRESS OR IMPLIED GUARANTEES OTHER THAN
THE ONES ENUMERATED HEREIN. ALL LIABILITY OF THE SELLER ARISING FROM THIS
CONTRACT CAN IN NO WAY BE MORE THAN THE AMOUNT PAID TO THE SELLER.
- COMPETENT LAW
Exclusively Turkish Law shall apply to the settlement of all and
any kind of disputes arising from international sales. Istanbul Central Courts
and Enforcement Offices shall have jurisdiction for the settlement of disputes.
The PURCHASER gives its consent to the SELLER to use the
information such as its name-surname, phone number, TR ID number, address,
e-mail address, date of birth requested during the order for the purpose of
contacting with the PURCHASER when necessary also outside the purpose and scope
specified in this contract or to store or process such information. The
PURCHASER also consents to the transfer of personal data also to the firms, with which the SELLER cooperates,
for carrying out researches in respect of the marketing techniques of the SELLER,
database formation, market researches and communication-marketing activities
and consents to the processing and use of such data by the referred firms. The
PURCHASER accepts, declares and undertakes that within the scope of the Law No.
6698 on the Protection of Personal Data, it expressly consents to the transfer
of personal data of members to the real and/or legal persons -with which the
SELLER cooperates for referred purposes- and consents to processing and storage
of the same.
The PURCHASER has the right to, at any time, apply to the SELLER
as the Data Controller under the Law and to learn whether its personal data has
been processed or not and to request information as to its processed personal
data, if any, to learn the purpose of processing the personal data and whether
such data were used in compliance with the purpose and has other rights within
the scope of the Law No. 6698 on the Protection of Personal Data.
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