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Distant Sales Contract

ZEESEV.CO DISTANT SALES CONTRACT 


CONTRACT NO:  000012 DATE: 08/01/2013 


ARTICLE 1:- SUBJECT: 


The subject of this Contract, cover parties’ rights and obligations in accordance with the provisions of the Law No. 4077 on the Protection of the Consumer and the Regulation on Distant Contracts entered into force after being published in the Official Gazette dated 06.03.2011 and numbered 27866 in reference to the sales and delivery of the product/products which their characteristics and sales prices specified below for the sales by the SELLER to CUSTOMER/BUYER.    


ARTICLE 2: - SELLER INFORMATION: 


Title:  ZEESEV DEKORASYON MOBİLYA TASARIM METAL İMALAT MAKİNA İTHALAT VE İHRACAT SANAYİ TİCARET ANONİM ŞİRKETİ (Hereinafter referred as SELLER)   


Address: Keresteciler San. Sit.  3. Cd. No:19 Ankara, Türkiye 

Phone: +90 312 394 67 91

E-mail: info@zeesev.com


ARTICLE 3: - INFORMATION ON THE PRODUCT/PRODUCT AS THE SUBJECT MATTER OF THE CONTRACT 


Type, amount, brand/model, color, quantity, sales price, payment terms of the Goods / Product / Products / Services and alternative product options are as specified below.  (All products given place in the list) 


Product Name    Quantity    Unit Price    Total Amount 

Various Zeesev Product 

        Total:      XX TL 


As a result of bank transfer payments.


Delivery Fee:  0 TL (To be met by CUSTOMER / BUYER) 


Payment Term: WIRE TRANSFER and CREDIT CARD 


Order Date (Sample):  24/12/2019  


Delivery Date (Sample):  26/12/2019  


Mode of Delivery:  Home Delivery 


ARTICLE 4: - CUSTOMER INFORMATION:  (Hereinafter referred as “CUSTOMER”.) 


Name/Surname/Title:  SAMPLE SURNAME  


Address: SAMPLE NEIGHBORHOOD, SAMPLE STREET, SAMPLE APT.  NO:25 ÜMRANİYE İSTANBUL 


Phone: - 505 313 XX XX 


Fax:  


E-mail/User Name: ornek@ornek.com 


ARTICLE 5: - BUYER INFORMATION:  (Hereinafter referred as “BUYER”.)


Name/Surname/Title:  SAMPLE SURNAME br /> Address: SAMPLE NEIGHBORHOOD, SAMPLE STREET, SAMPLE APT.  NO:25 ÜMRANİYE İSTANBUL 


Phone: - 505 313 XX XX


Fax:  


E-mail/User Name: ornek@ornek.com 


ARTICLE 6: - INVOICE DETAILS 


Name/Surname/Title:  SAMPLE SURNAME  


Address: SAMPLE NEIGHBORHOOD, SAMPLE STREET, SAMPLE APT.  NO:25 ÜMRANİYE İSTANBUL 


Phone: - 505 313 XX XX


Fax:  


E-mail/User Name: ornek@ornek.com 


Invoice Delivery:   Invoice shall be delivered together with the order to the delivery address during order delivery. 


ARTICLE 7:  CUSTOMER/BUYER 


Obliged to pay service fees specified for product/products as subject matter of the contract.  SELLER reserves its rights to request and modify delivery fees. 


ARTICLE 8: 


CUSTOMER as specified under Article 4, BUYER as specified under Article 5 and INVOCE DETAILS as specified under Article 6 may belong to the same person and/or different persons.  CUSTOMER shall be responsible for all information given and approved in case if this belongs to different persons.  Rights and obligations binding the CUSTOMER and BUYER are specified as CUSTOMER/BUYER. 


ARTICLE 9: 


CUSTOMER hereby accepts that information given under Article 4 is true and information given under Article 5 belongs to BUYER.  If the product is failed to be delivered to the BUYER with the information given SELLER shall have no responsibility under such circumstances and all the responsibility shall belong to the CUSTOMER.  SELLER may reflect supplementary service costs those may raise due to the product delivery and delivery failure and also the financial damages to the product to the CUSTOMER.  CUSTOMER will be deemed to have accepted all such payments and responsibility.


ARTICLE 10: 


Referrals for consumer complaints and objections may be directed to arbitration committee for consumer problems in the place where he/she buys the goods or services or in the place of his/her residence or to the consumer court within the monetary limits set out every year in December by the Ministry.    


ARTICLE 11: 


This service is for retail sale and final use only. Even if the preliminary information form and/or sales contracts for order intended for whole and “resales” SELLER reserves its right to cancel the order without delivery.  


ARTICLE 12: 


Price differences due to the weighted products between CUSTOMER/BUYER orders and product/products delivered and /or upper limit amount due to the product price changes shall not exceed 10% of the total invoice amount.   CUSTOMER/BUYER accepts and declares that this amount shall be further reflected to the total payment amount and he/she shall pay this amount to the SELLER. 


ARTICLE 13: 


CUSTOMER/BUYER hereby accepts for on-line shopping to apply up to 10 % of the invoice amount blocking in addition to the invoice amount to his/her credit card for the weighted products.   SELLER, shall only reflect final invoice amount to the credit card by removing blockage of the surplus blocked amount when the invoice is issued by fixing net weightings to CUSTOMER/BUYER.  


ARTICLE 14: 


CUSTOMER/BUYER in case of failing to deliver its product/products due to any reason shall not obliged SELLER and SELLER shall return payments made for the products failed to be supplied.  When CUSTOMER/BUYER, postpones its current order to postdate hereby accepts and declares to be given the products in his/her order over prices and stock on that day in the shop. 


ARTICLE 15: 


Product/products as the subject matter of the contract with the condition of not exceeding the 30 days legal period shall be delivered/executed to the person/institution in address indicated by the CUSTOMER /BUYER until the delivery date / contract effective date specified under this contract in connection with the distance of the BUYER’s address for each product.  Delivery date/contract effective date shall be further extended for ten days save to inform CUSTOMER/BUYER in written form beforehand or by notifying with the continuous data carrier.  


ARTICLE 16: 


This contract should be electronically approved by the CUSTOMER to enable concluding of the Distant Sales Contract. 


ARTICLE 17: 


This contract should be electronically approved and delivered to the SELLER and its price should be transferred to the SELLER’s account with the CUSTOMER/BUYER preferred payment method.   If the product price is not paid in full during pay on delivery, not transferred to SELLER’s account or canceled in bank records SELLER shall be deemed to be released from product delivery obligation.  


ARTICLE 18: 


CUSTOMER hereby accepts and declares that he/she read and know all the information regarding the basic characteristics, sales price and payment method and delivery of the product / products mentioned in the Article 3 and give the necessary confirmation in electronic environment.


ARTICLE 19: 


If product/products as the subject matter of the contract are to be delivered to another person/institution other than CUSTOMER/BUYER, SELLER shall not deem responsible for rejection of the delivery by relevant person/institution.  In this case all responsibility lies with the CUSTOMER / BUYER.


ARTICLE 20: 


If products intended for Whole and “resales” is ordered by the CUSTOMER, SELLER has right not to accept product order intended for whole and “resales” and to cancel the order.    Whole order quantity is maximum limited with two (2) pieces for each product.  SELLER, reserves the right not to deliver orders for a product exceeding two (2) pieces maximum.


ARTICLE 21: 


CUSTOMER/BUYER is obliged to receive product/products delivered by controlling and if the delivery is made in full to sign order invoice proving that product/product delivered in full.  Orders received by signing order invoice by CUSTOMER/ BUYER means that orders are being delivered by the BUYER in full.  In this case CUSTOMER/ BUYER shall have no right to object. 


ARTICLE 22: 


Due to the unfair or unlawful use of the credit card owned by the CUSTOMER/ BUYER after the delivery of the product (s) by unauthorized persons, which is not caused by the CUSTOMER/BUYER's fault, in case if the relevant bank or finance institution rejects to pay product price, CUSTOMER/BUYER hereby declares, accepts and undertakes to pay prices of the products delivered within 3 days subsequent to the notification of this situation with a distant communication means by another on-line means or credit card or in cash.  


ARTICLE 23: 


If the SELLER cannot deliver the product (s) subject to the contract within the due period due to force majeure or extraordinary conditions such as bad weather, interruption of transportation, he/she is obliged to notice this situation to the CUSTOMER/BUYER.  In this case, the CUSTOMER/BUYER may exercise one of the rights to cancel the order or postpone the delivery time until the force meajure is eliminated. In case if the CUSTOMER/BUYER prefers to cancel the order his/her payment shall be returned in cash or back-charge to his/her credit card. 


ARTICLE 24: 


In cases when product/products as the subject matter of the contract is in stocks save the SELLER notices this situation to CUSTOMER / BUYER and to return total amount and every kind of document putting CUSTOMER/ BUYER under debt latest within 10 days the SELLER shall have the right not to deliver product/products.  


ARTICLE 25: 


This contract enters into force after it is signed by the CUSTOMER in electronic environment and delivered to the SELLER.


ARTICLE 26: 


Order deliveries shall be made in product/products delivery to home only to the delivery address specified by the CUSTOMER.  No deliveries shall be made if the CUSTOMER/BUYER requests delivery to another place other than the place of delivery.   Uncertain places such as parking, front door, parking lots cannot be shown as delivery address; otherwise no order delivery shall be made.  It is essential that the delivery address be the workplace, apartment, house, shop or other places where the customer has certain belonging. CUSTOMER/BUYER hereby accepts and declares these provisions. 


ARTICLE 27: 


In case of delivery of non-ordered goods or service delivery; SELLER has rights to revoke non-ordered goods or service by informing via telephone or mail to the CUSTOMER/BUYER.  In case of not paying the price of the non-ordered goods or service CUSTOMER/BUYER is obliged to deliver these goods to carrier as its price to be borne by SELLER on behalf of the SELLER or to return to the SELLER.  


Right of withdrawal for contracts/goods and services specified under No. 4 paragraph of Article 7 of the Regulation on Distant Contract enforced by being published in Official Gazette dated 06.03.2011 and numbered 27866 shall not be exercised. 


Moreover, right of withdrawal shall not be exercised for products that cannot be returned by nature, disposable products, reproducible software and programs, products quickly degraded or bearing the potential of exceeding their expiry dates.   


ARTICLE 28: COMPETENT COURT 


Consumer arbitral tribunal or consumer court shall be responsible for the settlement of any disputes that may arise from the implementation of this contract. BUYER shall be deemed to have accepted all conditions stipulated hereunder.