Distance Sales Contract
ARTICLE 1 – PARTIES
1.1 – SELLER Title: fahrahome.com Address: Doğantepe Mahallesi
1315. Sokak no:17/1 Altındağ/ ANKARA
Phone: 552 825 07 92
E-mail address: emri.akseki@outlook.com
1.2 – BUYER
The person who becomes a member of the fahrahome.com shopping site
as a customer.
The address and contact information used when becoming a member
are taken into account.
ARTICLE 2 – SUBJECT
The subject of this contract is the determination of the rights
and obligations of the parties in accordance with the provisions of the Law No.
6502 on the Protection of Consumers and the Regulation on the Application
Principles and Procedures of Distance Contracts regarding the sale and delivery
of the product whose characteristics and sales price are specified below, which
the BUYER ordered electronically from the fahrahome.com website belonging to
the SELLER.
ARTICLE 3 – PRODUCT SUBJECT TO CONTRACT
The type, quantity, brand/model, color, number, sales price,
payment method of the Goods/Product/Service consist of the information at the
time the order is finalized
ARTICLE 4 – GENERAL PROVISIONS
4.1 BUYER declares that he/she has read and is informed about the
preliminary information regarding the basic characteristics of the contractual
product on the fahrahome.com website, the sales price including all taxes and
payment method, delivery and that the expenses thereof will be covered by the
BUYER, the period in which the delivery will be made and the full commercial
title, full address and contact information of the SELLER and has made the
necessary confirmation electronically.
By confirming this contract electronically, BUYER confirms that
he/she has obtained the address to be given to the Consumer by the Seller
before the conclusion of distance contracts, the basic features of the ordered
products, the price of the products including taxes, payment and delivery
information correctly and completely.
4.2 The product subject to the contract is delivered to the BUYER
or the person/organization at the address indicated 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 30-day period.
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
for the person/organization to whom the delivery is made not accepting the
delivery.
4.4 The SELLER cannot be held responsible for the failure to
deliver the ordered product to the BUYER due to any problems encountered by the
cargo company during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for the delivery of the product
subject to the contract in a sound, complete manner, in accordance with the
specifications specified in the order and with the warranty documents and user
manuals, if any.
4.6 The SELLER may supply the BUYER with a different product of
equal quality and price, provided that it has a justified reason, before the
expiration of the performance obligation arising from the contract.
4.7 If the SELLER cannot fulfill its obligations subject to the
contract in the event that the fulfillment of the product or service subject to
the order becomes impossible, it shall notify the consumer of this situation
before the expiration of the performance obligation arising from the contract
and may supply the BUYER with a different product of equal quality and price.
4.8 In order for the delivery of the contractual product, it is
mandatory that the signed copy of this contract be delivered to the SELLER and
the price be paid with the payment method preferred by the BUYER. If the
product price is not paid for any reason or is canceled in the bank records,
the SELLER is deemed to be relieved of the obligation to deliver the product.
4.9 The BUYER accepts and undertakes that the credit card
information he/she defined in the system during shopping is correct and that
he/she is responsible for all legal and criminal liabilities arising from the
use of this credit card. If the relevant bank or financial institution does not
pay the product price to the SELLER due to the unfair or illegal use of the
BUYER's credit card by unauthorized persons not caused by the BUYER's fault
after the delivery of the product, the product must be sent to the SELLER
within 3 days, provided that it has been delivered to the BUYER. In this case,
the shipping costs belong to the BUYER. If the BUYER does not send the product
back, in the event that the product price is not charged to the credit card for
any reason or the product price is returned to the credit card, the product
price will be transferred to the SELLER's bank accounts without any need for
notice.
4.10 If the SELLER cannot deliver the contracted product within
the due date due to force majeure or extraordinary circumstances such as
adverse weather conditions or interruption of transportation, it is obliged to
notify the BUYER. In this case, the BUYER may exercise one of the following
rights: cancellation of the order, replacement of the contracted product with a
similar one, if any, and/or postponement of the delivery period until the
impeding situation is eliminated. If the BUYER cancels the order, the amount
paid by the BUYER will be paid to the BUYER in cash and in a single transaction
within 21 days.
4.11 The points given to the customer by the SELLER through a
campaign are only valid for one purchase. These points will not be refunded
even if the product is returned.
In payments made by the BUYER via credit card, the product amount
will be refunded to the relevant bank within 21 days after the order is
cancelled by the BUYER. Since the reflection of this amount to the BUYER's
account after its return to the bank is completely related to the bank
transaction process, the BUYER accepts in advance that it will not be possible
for the SELLER to intervene in any way for 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 BUYER
The BUYER has the right of withdrawal within 14 days from the
delivery of the contractual product to him/her or to the person/institution at
the address he/she has indicated, without having to give any reason.
However, in the case of furniture products with special designs,
fabric and paint changes, products specially prepared for the BUYER, offered
for sale and/or imported, campaign and promotional products, the return of the
product cannot be accepted; the BUYER accepts these conditions and makes
his/her purchase.
In order to exercise the right of withdrawal, it is required that
the SELLER is notified by fax or e-mail within 14 days and that the product has
not been used within the framework of the provisions of Article 6. In case of
using 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 corporate, it must be
sent together with the return invoice issued by the institution when returning.
Returns of orders whose invoices are issued on behalf of institutions cannot be
completed unless a RETURN INVOICE is issued)
b) Return form,
c) Products to be returned within 14 days must be delivered
complete and undamaged together with their box, packaging, and standard
accessories, if any. The product price will be returned to the BUYER within 21
days following the receipt of these documents by the SELLER.
Due to the right of withdrawal, the shipping cost of the product
sent to the BUYER with free shipping will be covered by the BUYER for orders
from other domestic provinces, except for ANKARA, and by the BUYER for orders
abroad. The SELLER does not refund the shipping fee collected from the BUYER
when selling the product.
When returning the product to the SELLER, the original invoice
presented to the BUYER during or after the delivery of the product must also be
returned (in order 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 10 days from the date of delivery 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 the cash on delivery. The phrase “return invoice” will be
written on the invoice to be returned with the product and signed by the BUYER.
Please Note: Before signing the cargo report, please check whether
your cargo package is damaged due to transportation. If your cargo package is
damaged for any reason, return your cargo to the cargo officer so that a report
can be drawn up without signing any document related to the delivery. Your new
products will be sent to you immediately by us. fahrahome.com is not
responsible for the damage or deficiency of the products in the cargo package
if it is received.
15. All of these terms and conditions are subject to Turkish Law.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE
USED
Due to their nature; single-use products, copyable software and
programs, products that deteriorate quickly or have a potential expiration date
are not accepted for return.
ARTICLE 7 – DEBTOR’S DEFAULT
In the event of BUYER’s default, BUYER agrees to pay SELLER’s
damages and losses incurred due to delayed performance of the debt. In cases
where BUYER’s default is due to SELLER’s fault, BUYER shall not be obliged to
meet any damages and losses claims.
ARTICLE 8 – AUTHORIZED COURT
In the implementation of this Preliminary Information, Consumer
Arbitration Committees and Consumer Courts in the place where BUYER purchased
the goods or services and where he/she resides are authorized up to the value
declared by the Ministry of Industry and Trade. SELLER shall submit its
complaints and objections to the T.R. Within the monetary limits determined by
the Ministry of Industry and Trade every December, the consumer can file a
complaint with the arbitration committee or consumer court in the place where
he/she purchased the goods or services or where he/she resides. Information
regarding the monetary limit is as follows:
To be valid as of 28/05/2014;
a) According 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 with a value below two thousand Turkish Lira, to
provincial consumer arbitration committees for disputes with a value below
three thousand Turkish Lira, and to provincial consumer arbitration committees
for disputes between two thousand Turkish Lira and three thousand Turkish Lira
in provinces with metropolitan status. Applications cannot be made to consumer
arbitration committees for disputes above these values.
b) In disputes above the specified value, application must be made
to the Consumer Court, and in places where there is no Consumer Court,
application must be made to the Civil Courts of First Instance as Consumer
Courts.
This preliminary information is provided for commercial purposes.