1. PARTIES
1.1 SELLER:
TITLE: Filinta Shoes
ADDRESS: Mimar Hayrettin mah. Semih sk. Kalmaz Han No:3 D:101 Fatih/Istanbul
E-MAIL: [email protected]
1.2 BUYER:
NAME SURNAME/ TITLE:
ADDRESS:
TELEPHONE:
EMAIL:
2. TOPIC
The subject of this contract is the Consumer Protection Law in force regarding the sale and delivery of the product that the BUYER orders electronically from the SELLER's website www.filintaofficial.com, which has the qualifications mentioned in the contract with the preliminary information form and whose sales price is specified in the contract. is to determine the rights and obligations of the parties in accordance with the Distance Contracts Regulation and other relevant legislation.
BUYER, basic characteristics of the product subject to sale, sales price, payment method, delivery conditions, etc. He accepts and declares in accordance with the provisions of this contract that he is aware of all preliminary information regarding the product subject to sale and the right of "withdrawal", that he confirms this preliminary information electronically and then orders the product. The preliminary information and invoice on the payment page of www.filintaofficial.com are integral parts of this contract.
3. PRODUCT INFORMATION:
NAME OF THE PRODUCT
PIECE
SALE PRICE
DELIVERY PRICE OF THE PRODUCT INCLUDING ALL TAXES
Total Price of the Product:
Total Tax (VAT) of the Product:
Total Shipping Fee:
Total Delivery Price:
The product type and type, quantity, brand/model, color and sales price, including all taxes, are as stated in the information on the product promotion page on the website www.filintaofficial.com and on the invoice, which is considered an integral part of this contract.
4. PROVISIONS REGARDING THE DELIVERY OF THE PRODUCT
4.1. The product will be delivered to the address ………………………………………………, where the BUYER has requested delivery in the preliminary information form and in this contract, through the cargo company. It will be delivered to the person named.
4.2. The initial shipping cost belongs to the SELLER. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. The SELLER is not responsible for any damages arising from the BUYER's late receipt of the product and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo to the SELLER.
4.3. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER's account. The SELLER delivers the product within the legal period of 30 (Thirty) days from the order. If the SELLER cannot deliver the product subject to the contract within the deadline due to extraordinary circumstances such as stock depletion and similar commercial impossibilities, unexpected situations, force majeure or adverse weather conditions that prevent transportation, interruption of transportation, it is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be paid in cash and in lump sum within 14 (fourteen) days.
4.4. For the delivery of the product subject to the contract, the "Membership and Privacy Rules" and this Distance Sales Agreement must be approved electronically by the BUYER and the price must be paid by the payment method preferred by the BUYER. If the price of the product is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
5. BUYER'S REPRESENTATIONS AND COMMITMENTS
5.1. BUYER accepts that the delivery made to the delivery address notified and to the person present at this address during delivery will be deemed as delivery to the BUYER.
5.2. After the delivery of the product to the BUYER, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER may return the product to the SELLER, provided that it has been delivered to him/her. is obliged to send it to the SELLER within (three) days. In this case, shipping costs are the responsibility of the buyer.
5.3. Since forward sales are made only with credit cards belonging to banks, the BUYER accepts that he/she will separately confirm the relevant interest rates and default interest information from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER, in accordance with the provisions of the legislation in force. declares and undertakes. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. BUYER can also follow the number of installments and payments from the account statement sent by the bank.
5.4. If the BUYER cancels the order placed by paying by credit card by using his/her right of withdrawal or for any other reason specified in this agreement, the BUYER shall be informed that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks. Since the reflection on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER accepts, declares and undertakes that he cannot hold the SELLER responsible for possible delays.
6. SELLER'S REPRESENTATIONS AND COMMITMENTS
6.1. SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
6.2. 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.
6.3. The SELLER acknowledges that the BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the product without giving any justification and without paying any penalty (except for the products for which the right of withdrawal cannot be exercised as listed in Article 7), and from the date on which the BUYER's notification of withdrawal reaches the SELLER or the supplier. He/she accepts and declares that he/she can return the product within 10 (ten) days from the date of purchase. The SELLER will provide the refund in accordance with the consumer's purchasing method within 14 (fourteen) days from the date of receipt of the notification regarding the exercise of the right of withdrawal. The delivery cost of the product returned due to the right of withdrawal is covered by the SELLER.
6.4. If the SELLER thinks that the performance of the product has become impossible, he notifies the BUYER before the execution period of the contract expires. In this case, the BUYER may exercise one of his rights to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the paid price will be refunded within 14 (fourteen) days.
7. RIGHT OF WITHDRAWAL
BUYER; In distance contracts for product sales, the right to withdraw from the contract can be exercised within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated, without giving any reason and without paying any penalty. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. In order to exercise the right of withdrawal, written notification to the SELLER within 14 (fourteen) days is sufficient, but the proof of the exercise of the right of withdrawal belongs to the BUYER.
The right of withdrawal cannot be exercised for products that are used contrary to the instructions for use, produced in accordance with the BUYER's special requests and demands, or personalized by making changes or additions.
In case the right of withdrawal is exercised;
a) The invoice of the product delivered to the third party or the BUYER, (If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete with their box, packaging and standard accessories, if any.
The BUYER is obliged to return the product to the SELLER within 10 (ten) days after exercising his right of withdrawal. The SELLER will also make the refund in accordance with the consumer's purchasing method within 14 (fourteen) days from the date of receipt of the notice of withdrawal. BUYER is obliged to compensate SELLER for damages if he acts contrary to the Consumer Protection Law and relevant Regulations.
8. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees that may arise from the BUYER, and under any circumstances, in case of default due to the BUYER's debt, the BUYER agrees to pay the SELLER's losses and damages arising from the delayed performance of the debt.
9. COMPETENT COURT
In disputes that may arise from this contract, Consumer Arbitration Committees and Consumer Courts in the place where the consumer purchases the goods or services or where he resides are authorized, up to the value declared by the Ministry of Customs and Trade.
10. ENFORCEMENT
If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the conditions of this contract. The SELLER is obliged to make software arrangements that will ensure that orders cannot be placed on the site without receiving confirmation that the contract in question has been read and accepted by the BUYER.
SALES PERSON
FILINTA SHOES