ARTICLE 1 – SUBJECT
The subject of this contract is the sale-delivery of the product specified below to the BUYER, in accordance with the Law No 6502 Concerning the Protection of the Consumer and the Regulation of Distant Sales, concerning the sale and delivery of the product, the qualities and selling price of which are presented below, and that is sold by the SELLER to the BUYER over the internet site www.tubyceramics.com, and the statement of the rights and obligations of the Parties in this matter.
ARTICLE 2 – SELLER’S INFORMATION
SELLER: Tuğba KÜÇÜK – TUBYCERAMICS
Address: Bebek Mah. Küçük Bebek Cad. No:35-37 D:5 BEŞİKTAŞ/İSTANBUL/TURKEY
Zip Code: 34342
Phone: +90 536 698 84 60
Email: [email protected]
ARTICLE 3 PRODUCT SUBJECT TO CONTRACT
The type, kind, amount, color, Selling Price and Delivery Information of the product subject to contract are specified below.
Product Code and Description
ARTICLE 4 – GENERAL PROVISIONS:
4.1. THE BUYER, declares that he/she confirms electronically that the product on the internet site www.tubyceramics.com will be delivered with the basic qualities, the selling price including all taxes and the specified payment method will be paid by the BUYER, that he/she has read and understood the preliminary information concerning delivery time, commercial name of the SELLER, its registered address and contact information.
THE BUYER, by confirming this contract electronically, confirms that he/she accurately and completely received the information about the address, basic features of the ordered products, and the tax-inclusive prices of products, delivery information and right of withdrawal and the content of the right of withdrawal prior to the execution of this contract.
4.2. THE BUYER hereby agrees, declares and undertakes that he/she has read and understood all other preliminary information that are legally mandatory to be present due to the Law No 6502 Concerning the Protection of the Consumer and the Regulation of Distant Sales and that he/she provided the required confirmation from the web site www.tubyceramics.com electronically.
4.3. The product subject to contract, will be delivered within the period specified on the web site based on each product and the distance to the BUYER’s residence to the BUYER or the person/organization he/she indicates. The BUYER will pay all shipment fees concerning the delivery in Article 3 and the it will be billed in the order invoice under the title “Freight“.
4.4. If the product subject to contract will be delivered to another person/organization than the BUYER, the SELLER cannot be held responsible if the person/organization that will receive the delivery does not accept it. In case the delivery is delayed and ⁄ or the Product cannot be delivered due to problems caused by the shipment company, the SELLER cannot be held liable. In case the Product is not delivered due to the BUYER’s absence at the address, the SELLER cannot be held responsible in any way.
4.5. THE BUYER is responsible to check the product on delivery, reject the delivery if a cargo-related problem appears on the product and to make the shipment company’s officer file a report. Otherwise, the SELLER will not accept any responsibility.
4.6. The SELLER is responsible to deliver the product intact, complete, in conformance with the qualities specified in the order.
4.7 In case the delivery of the product or service becomes impossible and the SELLER cannot fulfill its contractual duties, it informs the customer before the obligation to perform that arises from the contract expires and may supply a different product of equivalent quality and price to the BUYER, if the item itself is not in inventory. In that case, the SELLER is considered fulfilled its Product Supply duty. In this case, the BUYER has the right to reject the product and terminate the contract.
4.8. If the relevant bank or financing institution does not pay the product’s price to the SELLER following the product’s delivery, because the BUYER’s credit card, banking card, debit card and ⁄ or other payment methods on the Internet Site are used by unauthorized persons unjustly or unlawfully; the BUYER is required to return the product (if it was delivered) within 3 (three) days. In this case, the shipment expenses belong to the BUYER.
4.9. The SELLER is responsible to inform the BUYER if the SELLER cannot perform the delivery for the Product subject to contract on time, due to force majeure events or weather conditions, transportation blocks etc. reasons that prevent shipment, in this case the BUYER has the right to cancel his/her order and terminate the contract. In case the contract is terminated, the SELLER is responsible to return all the payments it has collected including the shipment fees to the BUYER in cash and in full, within 14 (fourteen) days of the delivery of the termination notice.
4.10. The SELLER has the right to cancel the purchases that exceed consumer needs over the internet site. The purchases that exceed consumer needs, purchases involving more than 5 (five) products, the SELLER reserves the right to cancel the whole order or delivering only 5 (five) products, which are the retail limits.
4.11. The BUYER has to pay the full price of the product before delivery, unless otherwise agreed upon in writing by the SELLER. If the product price is not paid to the SELLER in full for single installment sales, or the installment that is due is not paid on time for multiple installment sales, the SELLER has the right to unilaterally terminate the contract and refuse to deliver the product.
4.12. If, for any reason, the bank/financial institution that owns the credit card used for payment does not pay the product price to the SELLER or requests the return of the payment after the delivery of the product, the BUYER shall return the product to the SELLER within 3 days. If the non-payment of the product price is due to a fault or negligence of the BUYER, the BUYER shall pay the shipment fee.
ARTICLE 5 INTELLECTUAL PROPERTY RIGHTS
The intellectual-commercial rights and property rights of any content or information belonging to the tubyceramics.com and the editing, revision and use of part/whole of the same belong to the SELLER.
The SELLER reserves the right to make any modifications that it may deem necessary concerning the above; these modifications enter into force on the moment when they are announced by the SELLER on the tubyceramics.com or other appropriate methods.
ARTICLE 6 COMPETENT COURT
This Contract is subject to the laws of the Turkish Legal regulations. The Consumer Arbitration Committees and the Consumer Courts in the SELLER’s region have exclusive jurisdiction up to the value set by the Republic of Turkey Trade Ministry in the execution of this contract. In case the order is approved, the BUYER is considered to have agreed to all the conditions of this Contract.
The SELLER reserves the right to cancel the order and return the collected amounts to the BUYER according to the relevant legislation based on the provision “If the performance of the product or service subject to order becomes impossible, the seller or provider shall inform the consumer within three days of learning about this condition in writing or through a permanent data storage, and return all the collected amounts, including the delivery expenses if any, within fourteen days o the notification date”, stated in the sub-clause 4 of Article 16 of the Distant Sales Regulation no 29188 entered into force on 27.03.2015, if mistakes took place in the product price, product description, product characteristics etc. when offering the product for sale on the internet site.
In case the order is realized, the BUYER is deemed to have accepted all the terms of this Agreement.
If you have questions or concerns regarding our distance sale agreement, please contact us via [email protected]