Terms and conditions & Distance Sales Agreement
SALES AGREEMENT
ARTICLE 1- PARTIES
1.1- SELLER
Title : Ortaksilver.com
Phone : +90 536 737 80 80
1.2 -RECIPIENT
Name/surname/Title:
Address :
Phone :
Email :
ARTICLE 2- SUBJECT
The subject of this contract is the Law No. 4077 on the Protection of Consumers and the Distance Agreements regarding the sale and delivery of the product, the qualifications and sales price of which are stated below, which the BUYER has ordered electronically from the website https://www.ortaksilver.com belonging to the SELLER. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Implementation Principles and Procedures.
ARTICLE 3- THE CONTRACT SUBJECT PRODUCT
Type and type, Quantity, Brand/Model, Color, Sales Price of the Products are as stated above.
Payment method :
Delivery address :
Person to be delivered:
Billing address :
Shipping cost :
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website https://www.ortaksilver.com belonging to the SELLER and has given the necessary confirmation in electronic environment.
4.2- The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s residence for each product, provided that the legal 30-day period is not exceeded.
4.3- If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4- The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
4.5- For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment 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.
4.6- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons after the delivery of the product, not due to the BUYER’s fault, provided that the BUYER has delivered the product to him. It must be sent to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER.
4.7- If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid is paid to him in cash and in full within 30 days.
4.8- Defective or damaged products of the products sold or not with the warranty certificate can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER.
4.9- This contract becomes valid after it is signed by the BUYER and sent to the SELLER by fax or mail.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw within 7 days from the delivery of the contracted product to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the product must not be used in accordance with the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. The product price is returned to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal is borne by the BUYER.
ARTICLE 6- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be used for products that cannot be returned due to their nature, disposable products, software and programs that can be copied, consumables, products that deteriorate quickly or expire.
ARTICLE 7- GENERAL PROVISIONS
7.1- Persons under the age of 18 cannot shop from the SELLER.
7.2- The SELLER is not responsible for price errors caused by typesetting and system errors.
ARTICLE 8- AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER’s or SELLER’s settlement are authorized up to the value declared by the Ministry of Industry and Trade.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
SELLER
Ortaksilver.com
BUYER
GENERAL PROVISIONS
1. The PURCHASER accepts, declares and undertakes that the seller has read the preliminary information about the basic characteristics, sales price and payment method and delivery information of the subject product on the website of the SELLER and that he has the necessary confirmation in the electronic environment. The receiver; Confirmation of the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information also accepts and declares that the correct and complete .
2. Each product subject to the contract shall be delivered to the person and / or organization at the address indicated by the PURCHASER or the PURCHASER within the period specified in the preliminary information section of the website, depending on the distance of the PURCHASER’s location, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER during this period, the BUYER reserves the right to terminate the contract.
3. SELLER, the product subject to the contract in full, in accordance with the qualifications specified in the order and warranty documents, user manuals, information and documents required by the job to be delivered, free from any defects according to the requirements of legal regulations, in accordance with the standards of business accuracy and honesty performance to maintain, raise and maintain the quality of service, to show due care and attention during the execution of the work, to act with prudence and foresight, and undertakes.
4. The SELLER may supply a different product of equal quality and price by informing the PURCHASER and expressly approving it before the expiry of the performance obligation arising from the contract.
5. If SELLER fails to fulfill the contractual obligations in the event that the product or service subject to the order becomes impossible to fulfill, it shall acknowledge, declare and undertake that it shall notify the consumer in writing within 3 days of the date of learning and shall return the total price to the BUYER within 14 days.
6. The PURCHASER agrees, declares and undertakes that the SELLER’s obligation to deliver the product subject to the contract will terminate in case the product subject to the contract is not paid and / or canceled in the bank records for any reason.
7. PURCHASER, in case of unfair use of the credit card of the PURCHASER after the delivery of the product subject to the contract to the PURCHASER or the PURCHASER and the person and / or organization at the address indicated by the PURCHASER, the PURCHASER shall not be paid to the SELLER by the relevant bank or financial institution. The seller accepts, declares and undertakes that he will refund the shipping expenses to the SELLER within 3 days.
8. The SELLER accepts, declares and undertakes that if the seller fails to deliver the product subject to the contract within the period due to force majeure conditions, such as the occurrence of unforeseen advance and / or delaying and / or delaying situations occurring against the will of the parties. The BUYER shall have the right to demand the cancellation of the order, replacement of the contracted product with the precedent, if any, and / or postponement of the delivery period until the elimination of the preventive situation from the SELLER. In case the buyer cancels the order, the product amount shall be paid to the buyer in cash and defaten within 14 days. For the payments made by the BUYER by credit card, the product amount is returned to the related bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks to reflect the amount returned to the credit card by the SELLER to the BUYER account, since the amount reflected in the BUYER’s accounts after the return to the bank is entirely related to the bank transaction process. accept, declare and undertake that it cannot hold responsible.
9. SELLER, address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form or subsequently updated by the BUYER by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities against him.
10. The BUYER shall inspect the goods / services subject to the contract before receiving them; dents, broken, package torn etc. damaged and defective goods / services will not receive delivery from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. The obligation to protect the goods / services after delivery is the responsibility of the BUYER. If the right of withdrawal is to be used, goods / services should not be used. Invoice must be returned.
11. If the BUYER and the credit card holder used at the time of the order are not the same person, or if a security vulnerability is detected for the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder to the previous month of the credit card used in the order. or the holder of the card may request the PURCHASER to submit the letter stating that the credit card belongs to him. The order will be frozen until the PURCHASER obtains the information / documents subject to the request and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
12. The PURCHASER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER website is fair, and that the SELLER shall indemnify all damages to be incurred due to the illegality of the SELLER immediately and in cash upon the first notification of the SELLER.
13. The PURCHASER agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER website. Otherwise, all legal and penal obligations to be incurred shall bind the BUYER completely and exclusively.
14. The BUYER may not use the SELLER’s web site in any way disrupting public order, contrary to general morality, disturbing or harassing others, for a purpose contrary to the law, in a manner that would violate the material and moral rights of others. In addition, members may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
15. Links to other web sites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties may be provided on the website of the SELLER. These links are provided for the convenience of referring to the BUYER and do not support any website or the person operating the site and the Link does not constitute a guarantee for the information contained in the website.
16. Any member who violates one or more of the provisions of this Agreement shall be personally and legally liable for such violation and shall keep the SELLER free of the legal and penal consequences of such violations. Also; In the event that the incident is transferred to the legal field due to this violation, the SELLER reserves the right to demand compensation against the member for failure to comply with the membership agreement.
RIGHT TO CANCELLATION
1. RECEIVER; In case the distant agreement is related to the sale of goods, the product itself or the person / organization at the address shown in 14 (fourteen) days, provided that the SELLER to notify the SELLER without any legal and criminal responsibility and without giving any reason to use the right to withdraw from the contract. In distance contracts for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be used in the service contracts that have started to be executed with the approval of the consumer before the right of withdrawal expires. Expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER agrees in advance that he is informed about the right of withdrawal.
2. In order to exercise the right of withdrawal, the seller shall be notified in writing by registered mail, fax or email to the SELLER within 14 (fourteen) days and the product shall not be used in accordance with the provisions of the ler Products that cannot be used Cay. If this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. The invoices issued on behalf of the institutions cannot be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered in complete and undamaged condition with the box, packaging, standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt within 10 days from the receipt of the notification of withdrawal to the BUYER and to receive the return within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER’s defect or if the return becomes impossible, the BUYER shall be liable to compensate the damages of the SELLER at the rate of the defect. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product during the right of withdrawal.
f) If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign shall be canceled.