DISTANCE SALES CONTRACT
1. This agreement is between, based on your country of residence; either Bandarty Tasarım Sanatları ve Reklam A.Ş. located at Maslak Meydan Sok. Beybi Giz Plaza No:1 İç kapı no:55 maslak, or Smikra B.V. located at Dynamostraat 72, 1014 BZ Amsterdam (“SELLER”) and member of the www.toptanadim.com (membership information at the time of registration is used) (“BUYER”)
The subject of this contract is to determine the rights and responsibilities between BUYER and SELLER for a purchase made at www.toptanadim.com according the number 4077 Tüketicilerin Korunması Hakkındaki Kanun ve Mesafeli Sözleşmeler Uygulama Esas ve Usulleri Hakkında Yönetmeliği (Law about the Protection of Consumers and Policy about the Principals and Application of Distance Sales Contract)
3. Goods related to the contract
Goods/ products/ services’ type, quantity, brand, color, price, payment method are as it is at the end of the order.
4. General Principles
4.1 BUYER electronically declares that it has the information about the goods basic qualities, the price including all taxes, payment method, SELLER’s full title, address and it is responsible for the expenses.
BUYER electronically confirms, prior to the Distance Sales Contract, that it received correctly all of the information about the order including goods’ prices including all taxes, description, payment methods and delivery information
4.2 Goods related to this contract will be delivered to the BUYER or to the addresses provided by the BUYER within 30 days. Expenses about the shipment will be shown as a separate item on the invoice as “Sipariş ve Gönderim Ücreti” (shipping and handling costs).
4.3 SELLER cannot be held responsible for the rejection of delivery if the goods are delivered to a party other than the BUYER
4.4 SELLER cannot be held responsible for the problems that can be encountered by the carrier that will prevent the delivery of the goods to the BUYER
4.5 SELLER is responsible for the delivery of the goods as described in the order in good shape (and with warranty statements and user’s manuals if available)
4.6 SELLER, based on a good reason, can deliver a different product at the same price and quality to the BUYER.
4.7 Upon delivery of the goods, if the credit card used in the transaction wasn’t authorized by the BUYER and credit card company (bank) doesn’t make a payment to the SELLER for the related order, the BUYER is responsible of sending goods to the SELLER in 3 days. BUYER is responsible for the shipment costs. If the credit card used in the transaction is later to be claimed to be used without the authorization of the credit card holder, the BUYER is responsible for returning back the amount of the products and shipment costs to the SELLER.
4.8 If the SELLER is not able to deliver the product for compelling reasons or for acts of God, it is responsible to notify the BUYER. In such event, the BUYER can request the cancellation of the order, replacement of the goods in the order. In case of the cancellation of the order, BUYER shall receive the payment it made within 10 days.
In case of credit cards, BUYER shall receive its payment with 7 days after order is cancelled. After the refund is made, the SELLER cannot make any adjustment in the system and credit card companies may reflect the refunded amount in 2 to 3 weeks.
5 – Right of Revocation
BUYER can return the goods within 14 days of delivery without any cause
Exception would be the goods delivered in special days such as new year, mother’s day and BUYER accepts these conditions as well goods for personal usage such as bonnets or hair clips.
In order to use the right to revoke the order, BUYER must notify SELLER via e-mail, telephone or fax within 14 days after receiving the goods. Goods need be returned in their original condition and:
a) Invoices made to third parties or the BUYER shall be returned
b) Return form (on the back of the invoice) shall be filled,
c) All of the original packaging, accessories need to be returned back in good shape. Upon the reception of the goods, refunds will be made within 10 days.
The domestic (within Turkey) shipment costs for the goods returned by using the right of revocation will be covered by the SELLER and the international shipment costs will be covered by the BUYER.
Without original invoice, refunds cannot be made.
6 – Goods that cannot be returned by the right of revocation
Disposable products, software that can be copied, products that have a close expiration date are not accepted.
In order to return the following goods, their original package must not have been opened and the product should be used.
All cosmetic products
DVD, VCD, CD and cassettes
7 – DELINQUENCY OF THE BUYER
If the BUYER defaults, BUYER agrees to cover the expenses and damages caused by the default of the debt.
8 – GOVERNING COURTS
Tüketici Hakem Heyetleri (Consumer Arbitration groups) and Consumer Courts at the SELLER’s district are authorized for the amount for the amount determined by the Ministry of Industry and Trade.
Attention: Buyer should check that package is not damaged before accepting it from the carrier. If there is a damage on your package, BUYER should give the package back to the carrier without signing any document. SELLER will send you new goods immediately. If the BUYER accepts the damaged package, SELLER is not responsible for the damaged or missing goods.