Refund policy
ARTICLE 1 - PARTIES
SELLER
Commercial Title:
Address:
Phone No:
E-mail:
PURCHASER
Name-Surname:
Address:
Phone No:
E-mail:
ARTICLE 2 - SUBJECT AND GENERAL SCOPE OF CONTRACT
This Distance Sales Contract ("Contract") has been drawn up in accordance with Consumer Protection Law and Regulation of Distance Contracts. The Parties of this contract accept and declare under this contract that they know and understand their obligations and responsibilities arising from Consumer Protection Law and Regulation of Distance Contracts. The subject of this contract includes determination of rights and obligations of Parties relative to purchase of goods belonging to Seller for which Purchaser places an order electronically through www.sirrseramik.com or other domain names (“Website”) depending on the services offered and sales and delivery of these goods/services possessing the qualifications specified in the contract in accordance with Consumer Protection Law and Regulation of Distance Contracts.
Parties accept and declare that concluding this contract shall not prevent the exercise of the provisions of website membership agreements that Parties concluded with SIRR SERAMIK respectively and SIRR SERAMIK shall not be a party to the sales of the goods subject to this contract in any way and SIRR SERAMIK has no responsibility and commitment for Parties to fulfil their obligations under the contract.
ARTICLE 3 - PROPERTIES AND PRICE OF THE GOOD SUBJECT TO CONTRACT
Sale price and delivery information including description and type, quantity, brand/model, colour and taxes of product/products are as follows:
Mode and Plan of Payment: via online virtual POS application, by a .......... Bank credit card .... months .... (in written ..............................................) TL monthly payment/in cash............. TL payment
Late Interest Received:.........
Interest Rate used in Late Interest Account: ......%
Goods shall be started to be delivered in 3 business days following the order. Delivery shall be completed in (7) business days.
Delivery Address:
Receivers:
1.
2.
Invoice Address:
ARTICLE 4 - DELIVERY OF GOODS AND MODE OF DELIVERY
The contract enters into force when approved by Purchaser and is exercised when the Goods/Services purchased by Purchaser from Seller are delivered to Purchaser. Goods/Services shall be delivered to the person/people being available in the address specified in the order form and in this contract by Purchaser.
ARTICLE 5 - DELIVERY EXPENSES AND EXERCISE
Delivery expenses of Goods/Services are at Purchaser's expense. If Seller declares on his website that delivery charge will be paid by him, delivery expenses shall be at Seller's expense. The good shall be delivered in the period committed after the realisation of the payment and in case Seller's stock is convenient. Seller delivers the Goods/Services in 30 (thirty) days from the moment the Purchaser orders the Goods/Services and he reserves the right of additional extension time for 10 (ten) days with written notification within this period. If Purchaser doesn't pay the price of Goods/Services for any reason or the payment made is cancelled in bank records, Seller is deemed to have relieved from his obligation to deliver of Goods/Services.
ARTICLE 6 - PURCHASER’S REPRESENTATIONS AND WARRANTIES
Purchaser declares that he read and has knowledge about basic qualifications, sale price and mode of payment of the good subject to contract being available in Website and rudiments about delivery uploaded by Seller and gives necessary confirmations electronically. Purchasers can send their claims and complaints in the capacity of Consumer through channels provided by the seller contact information above.
By confirming this contract and Preliminary Information Form electronically, Purchaser confirms that he/she also obtained the address, basic qualifications of the product ordered, price of products including taxes, payment and delivery information completely and accurately that Seller has to give to Consumer before concluding Distance Contracts.
Purchaser is totally incumbent when he/she receives destroyed, broken, damaged and defective Goods/Services from courier company in spite of analysing before receiving the Goods/Services subject to contract. Goods/Services received by Purchaser from official of courier company shall be considered to be undamaged and intact. Purchaser is responsible for Goods/Services and their damages after delivery. In case the relevant bank or financial institution doesn’t pay the price of Goods/Services to Seller after delivery of Goods/Services due to the fact that the Seller's credit card is used by unauthorised people unlawfully and unrightly in a way that doesn't arise from Purchaser's flaw, Purchaser is obliged to return the Goods/Services to Seller in 3 (three) days on condition that the Goods/Services are delivered to Purchaser. In this case, delivery costs are payable by the Purchaser.
ARTICLE 7 - SELLER’S REPRESENTATIONS AND WARRANTIES
Seller is responsible for delivering the Goods/Services subject to contract in an unbroken and complete way and appropriate to the qualifications specified in the purchase order and with guarantee documents and manuals, if available. If Seller cannot deliver the product subject to contract in time due to force majeure or exceptional circumstances preventing transportation, he/she is obliged to notify Purchaser of the situation as soon as possible. If the Goods/Services subject to contract must be delivered to another person except for Purchaser, Seller shall not be liable for the fact that the person to be delivered doesn't accept the delivery.
ARTICLE 8 - RIGHT OF WITHDRAWAL
Seller commits that Purchaser has right of withdrawal from the contract by refusing the goods or services received in 7 (seven) days from the date of signing the contract
without assuming any legal or criminal liability or without any justification and Seller shall accept the good returned from the date when withdrawal notification reaches to Seller. Withdrawal notification and other notifications related to contract can be sent through seller's contact information mentioned above. RIGHT OF WITHDRAWAL CANNOT BE EXERCISED AGAINST DP OR A REFUND CANNOT BE CLAIMED SINCE DP IS NOT A PARTY TO THIS DISTANCE SALES CONTRACT.
Seller must be notified in accordance with legislation provisions in order for right of withdrawal to be exercised. In case of exercise the right of withdrawal: a) the product delivered to Purchaser or third party reported by Purchaser and whose contact information is above must be returned b) the box and packaging of the product, standard accessories of the product, if any, and other products given as a gift with the product, if any, must be returned completely and free of damage in 7(seven) days. The price of the product is returned to Purchaser in his/her mode of payment made in 10 (ten) days following the exercise of right of withdrawal and transfer of information. While the product is returned to Seller, the original invoice submitted to Purchaser during the delivery of the product must also be returned. Return cargo cost is at Purchaser's expense. The return portion of invoice that will be returned with the product shall be filled in, signed and then returned by the Purchaser.
ARTICLE 9 - THE CASES IN WHICH RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised in following cases:
Contracts of service through which exercise of service is started with consumer's approval before the end of duration of withdrawal
The contracts related to the goods whose price is set in the stock exchange or other organised markets
The contracts related to the goods that are prepared in line with consumer's requests and his/her personal needs and inconvenient to be returned due to their qualities and are in danger of perishability or are likely to expire
The contracts related to audio or video recordings, software programs and computer consumables on condition that their packages have been opened by consumer
The contracts related to delivery of periodicals such as newspapers, magazines
The contracts related to exercise of services related to betting and lotteries
The contracts related to services exercised instantly electronically and intangible goods delivered to consumer instantly
ARTICLE 10 - SETTLEMENT OF DISPUTES
If consumers have problems with Seller and Seller cannot resolve the problem, they shall make an application to arbitration committee for consumer problems in places where they buy the product or they live about their complaints and appeals issues related to processes in which product price is up to 3.000,00 TL; they shall make an application to consumer court in places where they buy the product or they live about their complaints and appeals issues related to processes in which product price is more than 3.000,00 TL.
In accordance with paragraph 3 of article 5 of Regulation of Arbitration Committee for Consumer Problems published in Official Gazette No. 25186 dated 01.08.2003, the lower monetary limit for provincial arbitration committees operating in the provinces being in the metropolitan status to be responsible and authorised for settling the disputes is 3.032,65 TL. (If the amount mentioned hasn't been updated in this Contract, its current version shall be applied.)
ARTICLE 11 - PRICE OF GOOD/SERVICE
Although cash price is available in purchase order, cash or forward price of the good/service is the price being available in sample invoice sent by mail after order and in the content of the invoice sent with product to the customer. Discounts, coupons etc. granted by Seller or SIRR SERAMIK are applied to sales price.
ARTICLE 11 - DEFAULT AND ITS LEGAL RESULTS
In case Purchaser lapses into default in the transactions made by credit card, he/she shall pay interest in accordance with credit card contract he/she made with cardholder bank and shall be liable to the bank. In this case, bank may apply to the relevant legal proceedings; may ask for probable costs and solicitor’s fee from Purchaser and Purchaser accepts to pay Seller's losses and damages due to delayed execution of the debt in any case, in case Purchaser lapses into default due to his debt.
ARTICLE 12 - NOTIFICATIONS AND EVIDENTIAL CONTRACT
In accordance with this contract, all correspondence between the Parties shall be done via e-mail, except for force majeure listed in law. Purchaser agrees, declares and undertakes that Seller's and SIRR SERAMIK's official registers and business records and electronic information and computer records in his own database, servers shall have binding, final and exclusive evidential value in disputes arising out of this Agreement and that this article has the characteristics of evidential contract in accordance with article 193 of Civil Procedure Law.
ARTICLE 13 - ENFORCEMENT
This contract consisting of 13 (thirteen) articles has been read by both parties, concluded by the approval of Purchaser electronically and entered into force immediately.
SELLER PURCHASER