PRE-CONTRACT INFORMATION FORM
1. SUBJECT
The subject of this Sales Agreement Pre-Contract Information Form is the rights and obligations of the parties, pursuant to Consumer Protection Law No. 6502 and the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188), regarding the sale and delivery of the product(s), whose features and sale price are specified below, that the SELLER sells to the ORDERING PARTY/BUYER. By accepting this pre-contract information form, the BUYER agrees in advance that, if they confirm the order that is the subject of the contract, they will be obliged to pay the price of the order and any additional charges stated, such as shipping fees and taxes, if any, and that they have been informed of this.
2. SELLER INFORMATION
Company name: MODAMOB MAKİNE VE AKSESUARLARI MOBİLYA SANAYİ TİCARET LİMİTED ŞİRKETİ
Address: KONAK MAH. 1.AKÇAY SK. NO: 6 D NİLÜFER/ BURSA
Phone: 0224 443 44 66
Fax:
E-mail: bilgi@modamob.com.tr
3. BUYER INFORMATION (hereinafter referred to as the BUYER)
Person to receive delivery: {_aliciad_} {_alicisoyad_}
Delivery address: {_teslimatadresi_}
Phone: {_alicitelefon_}
E-mail/username: {_alicimail_}
4. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
4.1 The basic features of the goods / products / services (type, quantity, brand/model, colour, number of units) are available on the SELLER’s website. You can review the basic features of the product during the campaign. It is valid until the campaign date.
4.2 The prices listed and announced on the site are sale prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.
4.3 The sale price of the goods or services subject to the contract, including all taxes, is shown in the table below.
{_urunbilgileri_}
Shipping cost: {_kargo_}
Payment method and plan: {_odemesekli_}
{_odemetablosu_}
Delivery address: {_teslimatadresi_}
Billing address: {_faturaadresi_}
Order date: {_tarih_}
5. GENERAL PROVISIONS
5.1. The BUYER accepts, declares and undertakes that they have read and are aware of the preliminary information on the basic features, sale price, payment method and delivery of the product subject to the contract on the SELLER’s website, and that they have given the necessary confirmation electronically. By confirming the Pre-Contract Information electronically, the BUYER also accepts, declares and undertakes that, before the distance sales agreement is concluded, they have correctly and completely received the address that the SELLER must provide to the BUYER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.
5.2. Each product subject to the contract is delivered to the BUYER, or to the person and/or entity at the address indicated by the BUYER, within the period stated in the preliminary information section of the website depending on the distance of the BUYER’s place of 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’s right to terminate the contract is reserved.
5.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract complete, in conformity with the features specified in the order and, where applicable, with warranty certificates and user manuals; to perform the work free of any defect, soundly in accordance with legal requirements and standards, with the information and documents required by the work, in good faith and honesty; to maintain and improve service quality; to show the necessary attention and care while performing the work; and to act with prudence and foresight.
5.4. Before the performance period arising from the contract expires, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent.
5.5. If the SELLER cannot fulfil its obligations under the contract because performance of the ordered product or service becomes impossible, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days of learning of this and to refund the total amount to the BUYER within 14 days.
5.6. The BUYER accepts, declares and undertakes that they will confirm this Pre-Contract Information Form electronically for delivery of the product subject to the contract, and that if, for any reason, the price of the product subject to the contract is not paid and/or is cancelled in the bank records, the SELLER’s obligation to deliver the product will end.
5.7. The BUYER accepts, declares and undertakes that, if after delivery of the product subject to the contract to the BUYER or to the person and/or entity at the address indicated by the BUYER, the BUYER’s credit card is used unlawfully by unauthorised persons and, as a result, the price of the product is not paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost borne by the SELLER.
5.8. The SELLER accepts, declares and undertakes that, if it cannot deliver the product subject to the contract on time due to force majeure, such as circumstances that arise beyond the will of the parties, could not be foreseen in advance and prevent or delay the parties from fulfilling their obligations, it will notify the BUYER. The BUYER is also entitled to request from the SELLER that the order be cancelled, that the product subject to the contract be replaced with an equivalent one, if any, and/or that the delivery period be postponed until the obstructing circumstance ceases. If the BUYER cancels the order, the product price will be paid to the BUYER in cash and in a single payment within 14 days for payments made in cash. For payments made by the BUYER by credit card, the product price will be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER accepts, declares and undertakes that the average time for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may be up to 2 to 3 weeks, and that, since the reflection of this amount in the BUYER’s accounts after its refund to the bank depends entirely on the bank’s processing, the BUYER cannot hold the SELLER responsible for possible delays.
6. INVOICE INFORMATION
Name/Surname/Title: {_aliciad_} {_alicisoyad_}
Address: {_teslimatadresi_}
Phone: {_alicitelefon_}
E-mail/username: {_alicimail_}
Invoice delivery: The invoice will be delivered to the invoice address together with the order during order delivery
will be delivered.
7. RIGHT OF WITHDRAWAL
7.1. In distance contracts for the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods, within 14 (fourteen) days from the date the product is delivered to them or to the person/entity at the address they indicate, provided that they notify the SELLER, without assuming any legal or criminal liability and without giving any reason. In distance contracts for the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts whose performance has begun with the consumer’s approval before the withdrawal period expires. The costs arising from exercising the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that they have been informed about the right of withdrawal.
7.2. To exercise the right of withdrawal, it is required that written notice be given to the SELLER within the 14 (fourteen) day period by registered mail with return receipt, fax or e-mail, and that the product has not been used, within the framework of the “Products for Which the Right of Withdrawal Cannot Be Exercised” provisions set out in this contract. If this right is exercised,
7.2.1 The invoice of the product delivered to the third party or to the BUYER (if the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the company when returning. Returns of orders whose invoices are issued in the name of companies cannot be completed unless a RETURN INVOICE is issued.)
7.2.2. The return form,
7.2.3. The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.
7.2.4. The SELLER is obliged to refund the total price and the documents that place the BUYER under debt to the BUYER within 10 days at the latest from receipt of the withdrawal notice, and to take back the goods within 20 days.
7.2.5. If the value of the goods decreases due to a cause arising from the BUYER’s fault, or if return becomes impossible, the BUYER is liable to compensate the SELLER’s losses in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur within the withdrawal period due to proper use of the goods or product.
7.2.6. If, because of the exercise of the right of withdrawal, the campaign limit amount set by the SELLER is no longer met, the discount obtained under the campaign is cancelled.
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
8.1. a) Contracts for goods or services whose price changes depending on fluctuations in the financial markets and is not under the control of the seller or provider.
b) Contracts for goods prepared in line with the consumer’s wishes or personal needs.
c) Contracts for the delivery of goods that may spoil quickly or whose expiry date may pass.
ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal or package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
d) Contracts for goods that become mixed with other products after delivery and, by their nature, cannot be separated.
e) Contracts for books, digital content and computer consumables supplied on a tangible medium, and for data recording and storage devices, if the protective elements such as packaging, tape, seal or package have been opened after delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those supplied under a subscription contract.
g) Contracts for accommodation, carriage of goods, car rental, food and beverage supply, and leisure activities for recreation or rest, which must be performed on a specific date or within a specific period.
ğ) Contracts for services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts for services whose performance has begun with the consumer’s approval before the withdrawal period expires.
For cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and consumable stationery supplies (toner, cartridges, ribbons, etc.) to be returnable, their packaging must be unopened, untested, intact and unused.
8.2. The SELLER may submit complaints and objections, within the monetary limits stated in the law below, to the consumer arbitration committee or the consumer court in the place where the consumer resides or where the consumer transaction was made. Information on the monetary limit is below:
Valid as of 28/05/2014:
a) Pursuant to Article 68 of Consumer Protection Law No. 6502, to the district consumer arbitration committees for disputes valued below 2,000.00 (two thousand) TL,
b) For disputes with a value below TRY 3,000.00 (three thousand), to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.
SELLER: MODAMOB MAKİNE VE AKSESUARLARI MOBİLYA SANAYİ TİCARET LİMİTED ŞİRKETİ
BUYER: {_aliciad_} {_alicisoyad_}
DATE: {_tarih_}