Distance Sales Agreement
Article 1.1 - CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ
Title: https://www.schmart.com.tr (“https://www.schmart.com.tr”)
Address: ADDRESS INFORMATION
Telephone: TELEPHONE INFORMATION
E-mail: E-MAIL ADDRESS
Article 1.2 – Buyer
Name
– Surname: Available in the Order Form.
TR Identity Number: Available in the
Order Form.
Invoice Address: Available in the Order
Form.
Received Products: Available in the
Order Form.
Total Sales Price: Available in the
Order Form.
Payment Method: Available in the Order
Form.
Person to be delivered: It is found in
the Order Form.
Phone Number: Available in the Order
Form.
Delivery Address: Available in the Order
Form.
Person/Institution to be Invoiced:
Available in the Order Form.
Invoice Address: Available in the Order
Form.
Tax Office: Available in the Order Form.
Tax Registration Number: Available in
the Order Form.
TR Identity Number: Available in the
Order Form.
Article 2 - Subject
The subject of this Contract is to
determine the rights and liabilities of the parties in accordance with the Law
No. 4077 on the Protection of Consumers and the provisions of the Regulation on
Implementation Principles and Procedures of Distance and Distance Contracts
regarding the sale and delivery of the product, the characteristics and sale
price of which are specified below, which the BUYER has ordered electronically
from the website https://www.schmart.com.tr belonging to the SELLER. Buyer
accepts and declares that he/she has knowledge of all the preliminary
information about the seller's name, title, full address, telephone, basic
characteristics of the goods/services subject to sale, sales price, payment
method, delivery conditions, etc. As well as the right of “withdrawal” and
confirmed this preliminary information electronically and then ordered the
goods/services in accordance with the provisions of this Contract. The distance
sales contract and the invoice on the order confirmation page of the https://www.schmart.com.tr
website are integral parts of this contract.
Article 3 - The
Product Subject to the Contract
Type and type of products, Quantity, Sales
Price are as stated above. (It is also stated in the order confirmation form.)
Payment Method: It is the "Payment
Method" chosen by the buyer during the order.
Delivery Address: It is the
"Delivery Address" specified by the buyer during the order.
Delivery Person: It is the
"Delivery Person" specified by the Buyer during the order.
Invoice Address: It is the "Invoice
Address" specified by the buyer during the order.
Shipping Fee: “https://www. It is the
Shipping Fee determined for the package on the "DOMAIN.com" website.
Article 4 - General
Provisions
Article 4.1 - The BUYER declare that
he/she has read and is informed of the preliminary information about basic
characteristics, sales price and payment method of the product subject to the contract,
as well as the the delivery on the website
"https://www.schmart.com.tr" belonging to the SELLER, and made the
required confirmation in the electronic media.
Article 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 it does not exceed the legal 30-day period.
Article 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.
Article 4.4 - The SELLER is responsible
for the delivery of the contracted product in a sound, complete, in state compatible
with the qualifications specified in the order and with warranty documents and
user manuals, if any.
Article 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.
Article 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, provided that the BUYER has delivered it to
him. The product must be sent to the SELLER within 3 days. In this case, the
shipping costs belong to the BUYER.
Article 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 postpone the delivery time until the obstacle is removed. If the BUYER
cancels the order, the amount paid shall be returned to him in cash and in full
within 10 days.
Article 4.8 - The packaging type and
product appearing in the product images may vary depending on the product's
feature. The packaging of the products may differ from the images.
Article 4.9 – The product is kept in
suitable storage conditions for shipment and sale. Products in this product
group are sent from the storage area.
Article 4.10 - The SELLER is not
responsible for faulty prices caused by typographical and system errors.
Article 4.11 - This contract shall become
valid with the BUYER's purchase of the product.
Article 4.12- Persons under the age of
18 cannot shop from the SELLER.
Article 5- Right
of Withdrawal
The BUYER has the right to withdraw
within 7 days from the delivery of the product subject to the contract to
himself/herself 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 and the package must not be opened. 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 for which the
Right of Withdrawal cannot be exercised
The right of withdrawal cannot be
exercised for products that cannot be returned due to their nature. When an
undesirable situation such as crushing or deterioration is observed in these
products, the product must be sent to https://www.schmart.com.tr by taking the picture
of the product on the day the cargo arrives, before the product packaging is
completely opened, and the problem should be reported in writing.
Article 7 -
Declarations and Commitments of the Seller
Article 7.1 - The "Seller" is
responsible for the delivery of the contracted goods/services intact, complete,
in state compatible with the qualifications specified in the order, and with
warranty documents and user manuals, if any.
Article 7.2 - Based on a justified
reason, the "SELLER" may supply goods/services of equal quality and
price to the "BUYER" before the handling period in the contract
expires.
Article 7.3 - If the "SELLER"
thinks that the rendering of the goods/services has become impossible, it
notifies the "BUYER" before the handling period in the contract
expires. The paid price and documents, if any, are returned within 10 (ten)
days.
Article 8 -
Characteristics of the Goods/Services Subject to the Contract
The sort and type, quantity,
brand/model, color and sales price including all taxes of the goods/services
are as stated in the information on the goods/service promotion page on the
" https://www.schmart.com.tr
" site and on the invoice, which is considered an integral part of this
contract.
Article 9 -
Cancellation of New Order
When you want to cancel your order that
you have just placed on “https://www.schmart.com.tr
", please see your orders in the "My Orders" section. The order
list will be listed on the screen. You can cancel your order by contacting us
for your orders that show "Preparing" on this screen. Refunds are
made after your canceled orders are approved by the accounting office. In order
for us to be able to cancel your new orders, your order must not have been
shipped. Order cancellations cannot be made for products with the phrase "Your
Order Has Been Shipped" in the My Orders section.
Article 10 -
State of Default and Its Legal Consequences
Article 10.1 - In the event that the
“BUYER” defaults on his credit card transactions, the cardholder shall pay
interest within the framework of the credit card contract signed by the bank
with him and be liable to the bank. In this case, the relevant bank may take
legal action; may request the costs and attorney's fees to arise from the
"BUYER". In case of default in the handling of its debt, the
"BUYER" agrees to pay the loss and damage suffered by the
"SELLER" due to the delayed handling of the debt.
Article 10.2 - In the event that the
"Buyer" chooses one of the other payment methods, he/she will be
liable to the "seller" within the framework of the general
provisions, in case of default in the handling of his debt.
Article 11-
Competent Court
The sole authority for the
implementation of this contract shall be Istanbul Courts and Enforcement
Offices. In the event that the order is realized, the BUYER is deemed to have
accepted all the terms of this contract.
Seller
“https://www.schmart.com.tr”