PRELIMINARY INFORMATION FORM
|ORDER_DATE|
1.SELLER'S;
Title : Giftcandor
Address : Derviş Ali district Yazıcı mosque street no:14 / 5 Fatih / Istanbul
Telephone : +90 542 334 81 95
Fax :+90
|RECIPIENT_INFORMATION|
2. SUBJECT;
The subject of this Preliminary Information Form is in accordance with the Law on the Protection of Consumers 6502 and the Regulation on Distance Sales Contracts regarding the sale and delivery of the product/products, the qualifications and sales price of which are specified below, and which the Buyer has ordered electronically from the website of the Seller at www.giftcandor.com. is to inform.
3. BASIC FEATURES OF THE CONTRACT PRODUCT;
|PRODUCTS|
PAYMENT METHOD and DELIVERY
Payment Type : Cargo
Company : |CARGO|
Cargo company selected for return : |CARGO|
4. DELIVERY
4.1. The product subject to the contract is legally delivered to the Buyer or a third person or organization designated by him, depending on the distance of the Buyer's residence for each product, provided that it does not exceed 30 (thirty) days. The seller's breach of this obligation authorizes the buyer to terminate the contract with just cause. In case of termination of the contract in this way, the seller is obliged to repay the consumer, including the delivery costs, if there is a fee collected from the buyer upon the conclusion of this contract, within 3 working days at the latest from the date of receipt of the termination notice, by adding the legal interest as per the relevant legislation.
4.2. If the product subject to the contract is to be delivered to a third party or organization other than the buyer, the seller cannot be held responsible for the non-contractual third party's refusal to receive the product
4.3. In order to start the procurement and delivery processes of the product subject to the contract, the payment must be made with the signing of this contract. In the event that the price of the product subject to the contract is not paid or canceled through various channels after payment, the seller's obligation to supply and deliver the product will also cease immediately and the contract will be deemed to be terminated automatically.
4.4. In the event that the supply and delivery of the product subject to the contract becomes impossible, the relevant matter will be notified to the buyer in writing. obliged to return it to the buyer. 4.5. The responsibility of the product belongs to the seller during the period until the delivery of the product to the buyer or a third person to be indicated. In so far, if the buyer wants to choose a company other than the carrier company determined by the seller for the delivery of the product, the seller is relieved of his responsibility by giving the product in question to the relevant carrier company. With the delivery of the product to the carrier company determined by the buyer himself, the responsibility of the product is now considered to have passed to the buyer.
5. RIGHT OF WITHDRAWAL;
In accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts;
5.1. Consumer; has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods, without giving any reason and without paying any penal clause, in distance contracts for the sale of goods.
5.2. Can make the withdrawal notification in writing to info@giftcandor. However, the buyer may use his right to withdraw from the contract under the same conditions, within the period between the conclusion of the contract and the delivery of the product. The notification that the right of withdrawal has been exercised must be in writing, and the proof of this notification belongs to the consumer.
5.3. In case the Buyer's right of withdrawal is exercised, it is obligatory to return the original invoice for the goods/services delivered to the 3rd party or the Buyer to the Seller.
5.4. In determining the period of the right of withdrawal, the provisions of the law numbered 6502 and the regulation on distance contracts are valid. According to this;
For products that are the subject of a single order and delivered separately, the day on which the consumer or a third person determined by the consumer receives the last item, for products consisting of more than one piece, the day on which the consumer or a third person determined by the consumer receives the last item.
5.5. The situations in which the consumer cannot use his right of withdrawal are as follows; Products prepared in line with the wishes or personal needs of the consumer, if protective elements such as packaging, tape, seal, etc. are opened after the delivery of the goods, the products offered in the material environment are the products considered as periodicals such as newspapers and magazines, except for those provided under the subscription agreement.
5.6. If the consumer uses his right of withdrawal and makes this notification to the seller, the seller is obliged to return all the costs, including the costs, received for the product within 3 working days from the date of receipt of this notification in writing.
5.7. The consumer will not be responsible for any changes and deteriorations that occur when he/she returns the product within the withdrawal period, but only if he/she uses the product in accordance with its operation, technical specifications and usage instructions. However, if there is any damage or any defect in the product due to non-compliance with the instructions for use, contrary to the natural use of the product, the seller is not responsible for returning or changing the product.
5.8. If the consumer sends the goods back through the carrier, which the seller has indicated in the preliminary notification, that he has used his right of withdrawal, he will not have to pay any costs for the return. However, if it is sent with a different company other than the carrier company specified in the preliminary information, the shipping costs belong to the buyer. If the carrier company is not specified for the return in the preliminary information form, in this case, the same carrier company is preferred for the delivery of the product.
5.9. The consumer has to send the product back to the seller's address specified in Article 1, within ten (10) days at the latest, from the date on which the right of withdrawal is directed to the seller. For products not sent within this period and for products sent after this period, the buyer will be deemed to have waived the return request and the return request will not be accepted. However, if the seller has declared that he will buy the product himself, then this provision does not apply.
6. Complaint and Resolution Method; The buyer can convey any complaint about the goods subject to sale to the seller from the above-mentioned address of the seller. Complaints submitted to the seller will be examined by the authorized units determined by the seller and the buyer will be returned within the most reasonable time.
7. Final Provisions
7.1. The consumer should inspect the goods before receiving it, and should not receive the defective and damaged cargo from the official of the cargo company. The buyer accepts that the product received from the cargo is intact and undamaged.
7.2. The Seller reserves the right to stop or cancel the order, provided that the buyer is informed if it is determined that the information regarding the order is incomplete, fake, inaccurate, or if it is determined that the order has been made against goodwill and/or for commercial gain, or in case of reasonable suspicion. If the order is canceled, the payment will be refunded by notifying the buyer.
7.3. Due to force majeure events that develop beyond the will of the seller, are unpredictable and prevent or delay the seller's fulfillment of his debts, the product may not be delivered within the time limit. In these cases, the seller undertakes to inform the buyer. In this case, the buyer has the right to demand from the seller the cancellation of the order, the replacement of the product subject to the order with its precedent, and/or the postponement of the delivery until the situation that prevents it from being made in time is eliminated.
7.4. For the delivery of the product subject to the contract, the sales price must be paid with the payment method preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product. In case the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's above-mentioned address within days.
8. AUTHORIZED AND AUTHORIZED COURT;
All kinds of complaints and objections arising from the implementation of this contract are made to the Arbitration Committee for Consumer Problems at the place of residence of the Buyer or the place where the goods were purchased, according to the monetary value limits determined by the Ministry of Customs and Trade in December of each year. In so far, in cases where the Consumer Courts are in charge as the monetary limit, an application is made to the authorized Consumer Courts.
The Buyer accepts and undertakes that he has read the preliminary information and has given the necessary commitment in the electronic environment in accordance with Article 48 of the Law No. 6502.
This period can be determined up to 14 days in accordance with the law. In such a case, the Buyer must be notified in writing within 3 days from the date on which the situation is learned. It must be notified in writing within 3 days when the performance becomes impossible; Refunds can be made within 14 days. All Sellers are obliged to act in accordance with this regulation. It is a result of this regulation that all shipping costs and bank collection costs are left on the seller in case of withdrawal. The law limits the refund to 14 days. A 3-day arrangement is legal, but an extension to 14 days would be in your favour. This regulation is in compliance with the legislation and it is not possible to leave any of these obligations on the Consumer as per the legislation. The law and the regulation make this regulation mandatory. If a carrier company is not specified for the return in the preliminary information form, the return cost cannot be requested. (m.12.3.2) If a special hotline or solution method is established for complaints, this section should be given a special place. If it is considered to create a section on complaints on the website, information regarding this link will also need to be included. In such a case, the duration and conditions of the refund should be written in advance payments.
DISTANCE SALES AGREEMENT
|ORDER_DATE|
ARTICLE 1- PARTIES SALES PERSON
Title : Giftcandor
Address : Derviş Ali district Yazıcı mosque street No:14 / 5 Fatih / Istanbul
Telephone : +90 542 334 81 95
Fax :
E Mail : [email protected]
RECEIVER INFORMATIONS
|RECIPIENT_INFORMATION|
ARTICLE 2 - SUBJECT The subject of this Distance Sales Contract (hereinafter referred to as the contract only) is on the Protection of the Consumer No. 6502 regarding the sale and delivery of the product sold by the Seller to the Buyer (Consumer), whose qualifications and sales price are specified below. It is the determination of the rights and obligations of the parties in accordance with the Law, the Regulation on Distance Contracts and other relevant legal provisions.
ARTICLE 3 - ESTABLISHMENT OF THE AGREEMENT
3.1. The buyer accepts, declares and undertakes that he has read the entire contract, understands and is aware of his rights and obligations.
3.2. The seller and the buyer agree that there is no disproportion between the acts agreed upon in the contract, that the mutual acts are suitable for their nature, and that they do not have any inexperience within the scope of the transactions included in the contract.
3.3. The buyer and the seller accept that the provisions of the contract do not have a feature that may create an unfair condition and that there is no obvious unfairness or disproportion in terms of the balance of interests.
ARTICLE 4 - CONTRACTUAL PRODUCT INFORMATION AND PRICE|PRODUCTS|
ARTICLE 5 - GENERAL PROVISION
5.1. The Buyer declares that he has read all the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the product subject to the Contract specified in Article 4, and has given the necessary confirmation in electronic environment.
5.2. The product subject to the contract is legally delivered to the Buyer or a 3rd person or organization indicated in the preliminary information, depending on the distance of the Buyer's settlement for each product, provided that it does not exceed 30 (thirty) days. The seller's breach of this obligation authorizes the buyer to terminate the contract with just cause. In case of termination of the contract in this way, the seller is obliged to repay the consumer, including the delivery costs, if there is a fee collected from the buyer upon the conclusion of this contract, within 3 working days at the latest from the date of receipt of the termination notice, with the addition of legal interests in accordance with the relevant legislation.
5.3. If the product subject to the contract is to be delivered to a third party or organization other than the buyer, the seller cannot be held responsible for the non-contractual third party's refusal to receive the product.
5.4. In order to start the procurement and delivery processes of the product subject to the contract, the payment must be made with the signing of this contract. In the event that the price of the product subject to the contract is not paid or canceled through various channels after payment, the seller's obligation to supply and deliver the product will also cease immediately and the contract will be deemed to have been terminated automatically.
5.5. In the event that the supply and delivery of the product subject to the contract becomes impossible, the relevant matter will be notified to the buyer. liable to return it.
5.6. The responsibility of the product belongs to the seller during the period until the product is delivered to the buyer or a third person to be indicated. In so far, if the buyer wants to choose a company other than the carrier company determined by the seller for the delivery of the product, the seller is relieved of his responsibility by giving the product in question to the relevant carrier company. With the delivery of the product to the carrier company determined by the buyer himself, the responsibility of the product is now considered to have passed to the buyer.
5.7. The sale of the product subject to this contract by the seller is for the final consumer. Sales person; If the buyer suspects that he has purchased the product for resale or if there are signs showing that this is the case, he may terminate the contract unilaterally and with just cause.
5.8. The buyer accepts, declares and undertakes that he cannot return or exchange the product he bought over the internet from the stores where the seller's brand is located.
ARTICLE 6- RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts;
6.1. Consumer; has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods, without giving any reason and without paying any penal clause, in distance contracts for the sale of goods.
6.2. Can make the withdrawal notification in writing to [email protected]. However, the buyer may use his right to withdraw from the contract under the same conditions, within the period between the conclusion of the contract and the delivery of the product. The notification that the right of withdrawal has been exercised must be in writing, and the proof of this notification belongs to the consumer.
6.3. If the Buyer's right of withdrawal is exercised, it is obligatory to return the original invoice for the goods/services delivered to the 3rd party or the Buyer to the Seller, and if the invoice is not sent to the SELLER's address specified in Article 1 with the product, VAT and other legal obligations, if any, will be returned to the BUYER. not possible. The buyer shall sign the phrase "return invoice" on the invoice along with the product to be returned by taking advantage of this right.
6.4. In determining the period of the right of withdrawal, the provisions of the law numbered 6502 and the regulation on distance contracts are valid. According to this; For products that are the subject of a single order and delivered separately, the day on which the consumer or a third person determined by the consumer receives the last item, for products consisting of more than one piece, the day on which the consumer or a third person determined by the consumer receives the last item.
6.5. The cases in which the consumer cannot use the right of withdrawal are as follows; Products prepared in line with the wishes or personal needs of the consumer, products presented in material environment in case the protective elements such as packaging, tape seal package are opened after the delivery of the goods, products considered as periodicals such as newspapers and magazines, except those provided under the subscription agreement.
6.6. In the event that the consumer uses his right of withdrawal and makes this notification to the seller, the seller is obliged to return all the costs, including the costs, received for the product within 3 working days from the date of receipt of this notification in writing.
6.7. The consumer will not be responsible for any changes and deteriorations that occur when he/she returns the product within the withdrawal period, but only if he/she uses the product in accordance with its operation, technical specifications and usage instructions. However, if there is any damage or any defect in the product due to non-compliance with the instructions for use, contrary to the natural use of the product, the seller is not responsible for returning or changing the product.
6.8. If the consumer sends the goods back through the carrier, which the seller has indicated in the preliminary notification, that he has used his right of withdrawal, he will not have to pay any costs for the return. However, if it is sent with a different company other than the carrier company specified in the preliminary information, the shipping costs belong to the buyer. If the carrier company is not specified for the return in the preliminary information form, in this case, which carrier company is preferred for the delivery of the product, the same carrier company is considered to be preferred. However, if the said carrier company does not have a branch in the location of the buyer, no expense can be claimed from the buyer.
6.9. The consumer has to send the product back to the seller within ten (10) days at the latest from the date on which the right of withdrawal is directed to the seller. For products not sent within this period and for products sent after this period, the buyer will be deemed to have waived the return request and the return request will not be accepted. However, if the seller has declared that he will buy the product himself, then this provision does not apply.
7. Defective Goods
7.1. Defective goods; At the time of delivery to the consumer, it is a product that is in violation of the contract because it does not comply with the sample or model agreed by the parties or does not have the features that it should have objectively. Does not carry one or more of the features included in its packaging, label, introduction and user manual, internet portal or advertisements and advertisements; contrary to the quality declared by the seller or determined in its technical regulation; Goods containing material, legal or economic deficiencies that do not meet the intended use of the equivalent goods, reduce or eliminate the benefits reasonably expected by the consumer are also considered defective.
7.2. In this case, the consumer has the right to withdraw from the contract, including the refund, to replace the goods with a non-defective one, or to request a price reduction or free repair at the rate of defects. The seller is obliged to fulfill this demand preferred by the consumer.
7.3. In cases where the consumer is aware of the defect or is expected to be aware of the defect at the date of the conclusion of the contract, there is no breach of the contract. Consumer's optional rights are reserved against defects other than these.
8. Final Provisions
8.1. The BUYER, on the (…) website, states that the basic characteristics of the product subject to the contract, the sales price including all taxes, the payment method and the delivery and its costs will be covered by (…), the delivery time and the full trade name, full address and contact information of the SELLER. declares that he has read the preliminary information about the subject and has correct and complete information and gives the necessary confirmation in electronic environment. (…) The preliminary information form on the Website and the invoice for the sale are annexes and inseparable parts of this Agreement.
8.2. The distance sales contract concluded with you will be kept electronically by the Seller for 3 (three) years from the date of the contract. After the conclusion of this contract, the text of the contract will be sent to your e-mail.
8.3. The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
8.4. In the event that the BUYER is in default in fulfilling its obligations, the BUYER accepts, declares and undertakes to pay all kinds of losses of the SELLER, except for the cases where the default due to the delayed performance is caused by the fault of the SELLER.
8.5. The Seller reserves the right to stop or cancel the order, provided that the buyer is informed if the information regarding the order is found to be incomplete, fake, inaccurate, or if it is determined that the order has been made against goodwill and/or for commercial gain, or in case of reasonable suspicion. If the order is canceled, the payment will be refunded by notifying the buyer.
8.6. Due to force majeure circumstances that develop beyond the will of the seller, are unforeseen and prevent or delay the fulfillment of the debts of the seller, the product may not be delivered within the time limit. In these cases, the seller undertakes to inform the buyer. In this case, the buyer has the right to demand from the seller the cancellation of the order, the replacement of the product subject to the order with its precedent, and/or the postponement of the delivery until the situation that prevents it from being made in time is eliminated.
8.7. For the delivery of the product subject to the contract, the sales price must be paid with the payment method preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product. In case the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's above-mentioned address within days.
9. AUTHORIZED AND AUTHORIZED COURT;
All kinds of complaints and objections arising from the implementation of this contract are made to the Arbitration Committee for Consumer Problems at the place of residence of the Buyer or the place where the goods were purchased, according to the monetary value limits determined by the Ministry of Customs and Trade in December of each year. In so far, in cases where the Consumer Courts are in charge as the monetary limit, an application is made to the authorized Consumer Courts.
All Sellers are obliged to act in accordance with this regulation. It is a result of this regulation that all shipping costs and bank collection costs are left on the seller in case of withdrawal.
The law limits the refund to 14 days. A 3-day arrangement is legal, but an extension to 14 days would be in your favour.
This regulation is in compliance with the legislation and it is not possible to leave any of these obligations on the Consumer as per the legislation.
The law and the regulation make this regulation mandatory.
If a carrier company is not specified for the return in the preliminary information form, the return cost cannot be requested.
In such a case, the reasonable period and conditions of the refund should be written in advance payments
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