Sales Agreement

PRELIMINARY INFORMATION

ARTICLE 1 – SELLER INFORMATION

ARTICLE 1.1 – SELLER

Title: ELEKTRİKSEL MALZEME SATIŞ PAZARLAMA VE DIŞ TİCARET LİMİTED ŞİRKETİ
Address: ESENŞEHİR MAH. GÜNEYLİ SK. NO: 13 İÇ KAPI NO: 2 ÜMRANİYE
Phone: *****
Fax: ******

ARTICLE 1.2 – BUYER

The person who becomes a member of the shopping website https://www.elektriksel.com/ as a customer. The address and contact information provided during membership registration shall be taken as the basis.


ARTICLE 2 – CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE

The basic characteristics of the goods or services are available at https://www.elektriksel.com/. You may review the basic characteristics of the product during the campaign period.

The prices listed and announced on the website are the sale prices. Announced prices and commitments remain valid until they are updated and changed. Time-limited prices remain valid until the end of the specified period.

The type, quantity, brand/model, color, number of units, sales price, payment method, and the information available at the time the order is finalized constitute the details of the goods/product/service.

The shipping fee, which is the cost of dispatching the product, shall be paid by the BUYER and is non-refundable.


ARTICLE 3 – GENERAL PROVISIONS

3.1 The BUYER declares that they have read and are informed of the basic characteristics of the product subject to the agreement, its sales price and payment method, and the preliminary information regarding delivery on the website https://www.elektriksel.com/, and that they have provided the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER also confirms that, prior to the conclusion of the distance sales contract, they have obtained the address, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information that must be provided by the SELLER to the BUYER, accurately and completely.

3.2 The product subject to the agreement shall be delivered to the BUYER or to the person/entity at the address designated by the BUYER within the period specified in the preliminary information on 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 for each product.

3.3 The SELLER cannot be held responsible for failure to deliver the ordered product to the BUYER due to any problems encountered by the cargo company during delivery to the BUYER.

3.4 The SELLER is responsible for delivering the product subject to the agreement in a sound and complete condition, in accordance with the specifications stated in the order, and together with warranty documents and user manuals, if any.

3.5 The SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and their explicit approval is obtained before the expiration of the performance obligation arising from the agreement.

3.6 If fulfillment of the ordered product or service becomes impossible and the SELLER cannot perform its obligations, the SELLER shall notify the consumer before the expiration of the performance obligation period and shall refund the total amount to the BUYER within 10 days.

3.7 For delivery of the product, it is mandatory that this Preliminary Information Form be confirmed electronically. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER shall be deemed released from its obligation to deliver the product.

3.8 If, after delivery of the product, the BUYER’s credit card is used unfairly or unlawfully by unauthorized persons in a manner not attributable to the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the product to the SELLER within 3 days, provided that the product has been delivered to the BUYER. In such case, shipping costs shall be borne by the BUYER.

3.9 If the SELLER cannot deliver the product subject to the agreement within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, disruption of transportation, etc., the SELLER is obliged to notify the BUYER. In such case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product with an equivalent (if available), and/or postponement of delivery until the obstructing situation is eliminated. If the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in full within 10 days. If the BUYER paid by credit card, the product amount shall be refunded to the relevant bank within 7 days after cancellation by the BUYER. Since the reflection of this amount in the BUYER’s accounts after refund to the bank is entirely related to the bank’s transaction process, the BUYER accepts in advance that the SELLER cannot intervene in any way regarding possible delays and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER’s account by the bank.


ARTICLE 4 – RIGHT OF WITHDRAWAL

In distance sales contracts regarding goods, the BUYER may exercise the right of withdrawal by rejecting the goods within 14 (fourteen) days from the date the product is delivered to the BUYER or to the person/entity at the address indicated by the BUYER, without assuming any legal or criminal liability and without providing any reason. For distance contracts regarding service provision, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance of the service has begun with the consumer’s approval before the end of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.

To exercise the right of withdrawal, the SELLER must be notified in writing within the 14-day period via registered mail with return receipt, fax, or e-mail, and the product must not have been used within the scope of Article 5. In case of exercising this right:

a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is issued to a corporate entity, it must be sent together with the return invoice issued by that entity. Returns of orders invoiced to corporate entities cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The box, packaging, and standard accessories (if any) of the products to be returned must be delivered completely and without damage.

d) The SELLER is obliged to refund the total amount and the documents that place the buyer under debt to the BUYER within 10 days at the latest from the date the withdrawal notice reaches the SELLER, and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods or return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages in proportion to their fault.

f) If, due to the exercise of the right of withdrawal, the total amount falls below the campaign limit amount set by the SELLER, the discount amount benefited under the campaign shall be cancelled.

g) The shipping fee paid for sending the returned product back to the seller shall be borne by the SELLER for domestic orders and by the BUYER for international orders.

h) The SELLER does not refund the shipping fee collected from the BUYER at the time of sale.


ARTICLE 5 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared in line with the BUYER’s requests or clearly in accordance with their personal needs, products that are not suitable for return by their nature, products that are at risk of rapid deterioration or that may exceed their expiration date, and—provided that their packaging has been opened by the BUYER—audio or video recordings, software programs, and computer consumables cannot be returned pursuant to the Regulation.


In the application of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts located in the place where the BUYER purchased the goods or services and where the BUYER resides are authorized up to the value announced by the Ministry of Industry and Trade.

In matters of complaints and objections, the SELLER may apply to the consumer arbitration committee or consumer court in the place where the goods or services were purchased or where the BUYER resides, within the monetary limits determined each year in December by the Ministry of Industry and Trade of the Republic of Turkey. The information regarding the monetary limit is as follows:

Effective as of 01/01/2012:

a) The upper monetary limit relating to the binding nature of the decisions of consumer arbitration committees and the lower monetary limit relating to their being evidence in consumer courts, as stated in paragraphs 5 and 6 of Article 22 of the amended Law No. 4077 on the Protection of Consumers, is TRY 1,161.67.

b) Pursuant to paragraph three of Article 5 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 01/08/2003 and numbered 25186, the lower monetary limit for the provincial arbitration committees operating in provinces with metropolitan municipality status to be authorized and competent to handle disputes is TRY 3,032.65.

This Preliminary Information is provided for commercial purposes.


DISTANCE SALES AGREEMENT

ARTICLE 1 – PARTIES

1.1 – SELLER

Title: ELEKTRİKSEL MALZEME SATIŞ PAZARLAMA VE DIŞ TİCARET LİMİTED ŞİRKETİ
Address: ESENŞEHİR MAH. GÜNEYLİ SK. NO: 13 İÇ KAPI NO: 2 ÜMRANİYE
Phone: *****
Fax: ******
E-mail address: info@elektriksel.com

1.2 – BUYER

The person who becomes a member of the shopping website https://www.elektriksel.com/ as a customer.
The address and contact information used during membership registration shall be taken as the basis.


ARTICLE 2 – SUBJECT

The subject of this agreement is to determine the rights and obligations of the parties pursuant to the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Principles and Procedures for the Implementation of Distance Contracts, regarding the sale and delivery of the product ordered electronically by the BUYER from the SELLER’s website https://www.elektriksel.com/, the characteristics and sale price of which are stated below.


ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT

The type, quantity, brand/model, color, number of units, sales price, payment method, and the information available at the time the order is finalized constitute the details of the goods/product/service.


ARTICLE 4 – GENERAL PROVISIONS

4.1 The BUYER declares that they have read and are informed of the preliminary information regarding the basic characteristics of the product subject to the agreement, the sales price including all taxes, the payment method, delivery, the fact that the delivery costs shall be borne by the BUYER, the delivery period, and the SELLER’s full trade name, full address, and contact information on the website https://www.elektriksel.com/, and that they have provided the necessary confirmation electronically.

By confirming this agreement electronically, the BUYER also confirms that, prior to the conclusion of the distance sales contract, they have obtained the address, the basic characteristics of the ordered products, the prices including taxes, and the payment and delivery information that must be provided by the Seller to the Consumer, accurately and completely.

4.2 The product subject to the agreement shall be delivered to the BUYER or to the person/entity at the address designated by the BUYER within the period specified in the preliminary information on 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 for each product. All shipping fees related to delivery stated in Article 3 shall be borne by the BUYER and shall be reflected on the invoice related to the order under the name “Shipping Fee.”

4.3 If the product subject to the agreement is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity to whom delivery is to be made does not accept delivery.

4.4 The SELLER cannot be held responsible for failure to deliver the ordered product to the BUYER due to any problems encountered by the cargo company during delivery to the BUYER.

4.5 The SELLER is responsible for delivering the product subject to the agreement in a sound and complete condition, in accordance with the specifications stated in the order, and together with warranty documents and user manuals, if any.

4.6 Provided that there is a justified reason, the SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the agreement.

4.7 If fulfillment of the ordered product or service becomes impossible and the SELLER cannot perform its obligations, the SELLER shall notify the consumer before the expiration of the performance obligation period and may supply a different product of equal quality and price to the BUYER.

4.8 For delivery of the product subject to the agreement, it is mandatory that a signed copy of this agreement be delivered to the SELLER and that the price be paid via the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER shall be deemed released from its obligation to deliver the product.

4.9 The BUYER accepts and undertakes that the credit card information defined in the system during shopping is accurate and that all legal and criminal liability arising from the use of such credit card belongs to them. If, after delivery of the product, the BUYER’s credit card is used unfairly or unlawfully by unauthorized persons in a manner not attributable to the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, it is mandatory that the product be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In such case, shipping costs shall be borne by the BUYER. If the BUYER does not send the product back, the BUYER accepts and undertakes that, in cases where the product price is not collected from the credit card for any reason or where the product price is refunded to the credit card, the product price shall be transferred to the SELLER’s bank accounts without the need for any notice.

4.10 If the SELLER cannot deliver the product subject to the agreement within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, disruption of transportation, etc., the SELLER is obliged to notify the BUYER. In such case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product with an equivalent (if available), and/or postponement of delivery until the obstructing situation is eliminated. If the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in full within 10 days.

4.11 Points granted to the customer by the SELLER through a campaign are valid for a single purchase only. These points are not refunded even if the product is returned.

If the BUYER paid by credit card, the product amount shall be refunded to the relevant bank within 7 days after cancellation by the BUYER. Since the reflection of this amount in the BUYER’s accounts after refund to the bank is entirely related to the bank’s transaction process, the BUYER accepts in advance that the SELLER cannot intervene in any way regarding possible delays and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER’s account by the bank.


ARTICLE 5 – RIGHT OF WITHDRAWAL

The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the agreement to the BUYER or to the person/entity at the address designated by the BUYER, without having to provide any reason.

However, returns are not accepted for products prepared, offered for sale and/or imported specifically for the BUYER for certain days such as New Year’s, religious holidays, Mother’s Day, etc., as well as campaign and promotional products; the BUYER completes the purchase by accepting these conditions.

To exercise the right of withdrawal, the SELLER must be notified within the 14-day period via fax or e-mail, and the product must not have been used within the scope of Article 6. In case of exercising this right:

a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is issued to a corporate entity, it must be sent together with the return invoice issued by that entity. Returns of orders invoiced to corporate entities cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) Within the 14-day period, the products to be returned must be delivered completely and without damage together with their box, packaging, and standard accessories, if any. The product price will be refunded to the BUYER within 10 days following the receipt of these documents by the SELLER.

The shipping fee for the returned product shall be borne by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER at the time of sale.

When returning the product to the SELLER, the original invoice presented to the BUYER at the time of delivery must also be returned (to ensure consistency in our accounting records). If the invoice is not sent to the SELLER together with the product or at the latest within 5 days from the shipment of the product, the return process will not be carried out and the product will be sent back to the BUYER in the same manner, with payment upon delivery. The phrase “this is a return invoice” shall also be written on the invoice to be returned with the product and signed by the BUYER.


ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

By their nature, returns are not accepted for single-use products, copyable software and programs, and products that deteriorate rapidly or are likely to exceed their expiration date.


ARTICLE 7 – DEFAULT OF THE DEBTOR

In the event that the BUYER falls into default, the BUYER agrees to compensate the SELLER for any losses and damages arising from the delayed performance of the debt. In cases where the BUYER’s default arises from the SELLER’s fault, the BUYER shall not be obliged to compensate any loss or damage.


ARTICLE 8 – COMPETENT COURT

In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts located in the place where the BUYER purchased the goods or services and where the BUYER resides are authorized up to the value announced by the Ministry of Industry and Trade.

In matters of complaints and objections, the SELLER may apply to the consumer arbitration committee or consumer court in the place where the goods or services were purchased or where the BUYER resides, within the monetary limits determined each year in December by the Ministry of Industry and Trade of the Republic of Turkey. The information regarding the monetary limit is as follows:

Effective as of 28/05/2014:

a) Pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers, it is mandatory to apply to district consumer arbitration committees for disputes below TRY 2,000; to provincial consumer arbitration committees for disputes below TRY 3,000; and in provinces with metropolitan municipality status, to provincial consumer arbitration committees for disputes between TRY 2,000 and TRY 3,000. Consumer arbitration committees cannot be applied to for disputes exceeding these amounts.

b) For disputes above the specified amounts, an application must be made to the Consumer Court, and in places where there is no Consumer Court, to the Civil Court of First Instance acting as a Consumer Court.

This distance sales agreement is concluded for commercial purposes.


Please Note:

Before signing the cargo delivery report, please check whether your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return the shipment to the cargo officer for an incident report to be prepared, without signing any document regarding delivery. Your new products will be sent to you immediately. In the event that products in a damaged cargo package are accepted, sefamerve.com is not responsible for any damage or missing items inside the package.

15. All of these terms and conditions are governed by Turkish Law.

Prepared by  T-Soft E-Commerce.