DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
1.1 - SELLER
Title: SINADA TECHNOLOGIES OÜ
Address: Harju maakond, Lasnamäe linnaosa tn 4b-26, 11412 Tallinn Estonia
Phone : +372 54 220864
1.2 – BUYER
The person who signs up to www.sinadablanket.com shopping website as a customer.
Address and contact information used while signing up shall prevail.
ARTICLE 2 – SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties as per the provisions of Law on Protection of the Consumer no 6502 and Regulation on the Implementation Rules and Procedures of Distant Contracts related to the sales and delivery of the product, the qualities and sales price of which is indicated below, which the BUYER orders electronically over the website www.sinadablanket.com that belongs to the SELLER.
ARTICLE 3 – CONTRACTUAL PRODUCT
The type, amount, brand/model, color, quantity, sales price, payment method of the Good/Product/Service consists of the information when the order is completed.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declates that it has read and knows that preliminary information related to the basic properties of the contractual good, the sales price including all taxes and the payment method and the shipment and that the expenses thereof will be covered by the BUYER, related to the period in which the delivery will be made and full commercial title, open address and contact information of the SELLER over www.sinadablanket.com website and that he/she has given the necessary confirmation on electronic environment.
The BUYER, by confirming this Agreement electronically, also confirms that, s/he has received accurately and completely all kind of information that should be given before the conclusion of the distant contracts to the Buyer by the Seller such as its address, basic features of the products ordered, price of products including tax, payment and delivery information.
4.2 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period stated in the preliminary information over the website depending on the distance of the BUYER's residence for each product, without exceeding the 30 days legal period. All shipping costs related to the delivery indicated in Article 3 will be covered by the BUYER and will be reflected under the name of "Shipping Fee" on the invoice for the order.
4.3 If the contractual product will be delivered to a person/entity other than the BUYER, SELLER shall not be held responsible from the non-acceptance of the delivery by that person/entity.
4.4 Due to all kinds of issues that the cargo company may encounter in the delivery stage of the product to the BUYER, the SELLER cannot be held responsible because the product cannot be delivered to the BUYER.
4.5 The SELLER is responsible for ensuring that the contractual product is sound, complete and complies with the qualifications specified in the order and, if available, delivered with the warranty documents and user manuals.
4.6 On the condition of a justified reason, the SELLER can supply the BUYER with a different product with equal quality and price before the expiration of the performance obligation arising from the Agreement.
4.7 If the SELLER fails to fulfil the contractual obligations In cases where the fulfilment of the ordered product or service becomes impossible, it shall inform the consumer before the completion of the time period for the fulfilment of its obligations arising from the Contract and may supply the Buyer with a different product of equal quality and price.
4.8 For the delivery of the products, which are subject of this Contract, the signed copy of the contract must reach to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, by any reason, the product price is not paid or cancelled in the bank record, the SELLER shall be deemed to be released from the product delivery obligation.
4.9 The BUYER accepts and undertakes that the credit card information defined in the system during shopping is correct, and that he/she has any legal and criminal liability arising from the use of this credit card. After the delivery of the product, if the bank or finance institution does not pay the product price to the SELLER because the credit card belonging to the BUYER is used unrightfully or unlawfully by unauthorized persons for reasons other than the BUYER's fault, the product is obligated to be sent to the SELLER within 3 days provided that it is delivered to the BUYER. In this case, the transportation costs rest on the BUYER. In case the BUYER does not send the product back, it accepts and undertakes that it the product price will be transferred to the bank accounts of the SELLER without any notice in case the product price is not received from the credit card or the product price is not returned to the credit card.
4.10 SELLER is obliged to inform the BUYER if the SELLER is unable to deliver the product because of force majeur or exceptional cases such as weather conditions or transportation outage within the due period. In this case, the BUYER can use one of rights to cancel the order, to replace the contractual product with an equivalent (if exists) and/or to delay the delivery period until the preventing circumstance ceases to exist. In case the BUYER cancels the order, the amount he/she paid shall be fully returned in cash within 10 days.
4.11 The points awarded to the customer by the SELLER through a campaign are only valid for one purchase. These points are not refundable even if the product is returned.
In the case of payments made by the BUYER with a credit card, the product amount shall be returned to the bank within 7 days after the cancellation of the order by the BUYER. Since this amount is directly related to the bank transaction process after its refund to the bank, the BUYER acknowledges and accepts that SELLER cannot be able to intervene in any way for the possible delays in the and that the amount to be refunded by the SELLER to the credit card may take around 2 and 3 weeks to be reflected to the account of the BUYER by the bank.
ARTICLE 5 - RIGHT TO WITHDRAWAL
The BUYER has the right to withdraw within 14 days from the delivery of the contracted product to him/her or to the person / organization at the address he/she indicated.
However, in products that are prepared especially for the BUYER, sold for special days such as new years, bairams, mother's day and/or imported products, campaign and promotion products, no product return is accepted and the BUYER completes his/her shopping by accepting these terms.
In order to use the right of withdrawal, a notification must be made to the SELLER by fax or e-mail within 14 days and the product must not be used within the framework of the provisions of Article 6. In case this right is used;
a) The invoice of the product delivered to the third person or the BUYER (if the invoice of the product to be returned is corporate shall be returned with the return invoice prepared by the institution while returning. Unless a RETURN INVOICE is issued, the order returns with invoices prepared for institutions shall not be completed.),
b) The return form,
c) Box, wrapping, if exists, the accessories shall be delivered complete and without any damage for the products that will be returned within 14 days. The product price will be refunded to the BUYER within 10 days following the receipt of these documents to the SELLER.
The shipping cost of the returned product due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for overseas orders. The SELLER shall not refund the shipping fee charged from the BUYER while selling the product.
When the product is returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the product (in order to ensure consistency in our accounting records) must also be returned, and if the invoice is not sent to the SELLER with the product or within 5 days from the date of shipment of the product, the return process will not be carried out, the product will be returned to the BUYER in the same way with counter payment. On the invoice to be returned with the product, the phrase "return invoice" shall be written and signed by the BUYER.
ARTICLE 6 - PRODUCTS ON WHICH NO RIGHT OF WITHDRAWAL CAN BE USED
Returns for disposable products, reproducible software and programs, products that are rapidly perishable or that are likely to expire are not accepted.
ARTICLE 7 - DEFAULT OF THE DEBTOR
In case the BUYER goes into default, the BUYER agrees to pay the loss and damage of the SELLER due to the delayed performance of the debt. In cases where the default of the BUYER is due to the SELLER's fault, the BUYER will not be obliged to meet any loss or damage claims.
ARTICLE 8 - COMPETENT COURT
Consumer Arbitration Committees and Consumer Courts at the place where the BUYER purchases the Goods or the Service and where the residence is located are authorized in the implementation of this Distance Sales Contract up to the value declared by the Ministry of Commerce.
SELLER may submit the complaints and objections to the arbitration tribunal or to the consumer court where the goods or services are bought or where their residence is located within the monetary limits determined by the Ministry of Industry and Commerce in December every year. Information on the monetary limit is below:
Effective from 28/05/2014;
a) In accordance with Article 68 of the Law on the Protection of Consumers numbered 6502, it is mandatory to apply to the district consumer arbitration committees for disputes below two thousand Turkish Lira, provincial consumer arbitration committees for disputes below three thousand Turkish Lira, in the provinces that are metropolis, for disputes between two thousand and three thousand Turkish Lira, to the provincial consumer arbitration committees. No application can be made to the consumer arbitration committees for disputes over these values.
b) In disputes over the stated value, it is necessary to apply to Consumer Courts, in case where there are no Consumer Courts, to the Civil Court of First Instance under the title of Consumer Court.
This preliminary information is made for commercial purposes.
Please Note: Before signing the shipping report, please check whether your cargo package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo for a record to be kept to the cargo authority without signing any documents regarding the delivery. We will immediately send your new products. sinadablanket.com is not responsible for the damage or deficiency of the products in the case of accepting the delivery of damaged products.
All of these terms and conditions are subject to Turkish Law.