ARTICLE 1: PARTIES TO THE AGREEMENT
SELLER: Tomster USA Turkey
ADRES: Bağlar Mah. 23. Sk. No:11/11 34212 Bağcılar
İstanbul / Türkiye
TAX OFFICE AND NUMBER:
Name/Surname, Title, if any:
ARTICLE 2: SUBJECT Of THE AGREEMENT: The subject of this agreement is determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No 4077 and Regulation on Implementation of Principles and Procedures on Distant Agreements as regards the sale and delivery of the goods/services which the buyer has ordered in the electronic environment from the seller’s web site named tomsterusa-tr.com qualifications and sales price of which is stated in the agreement. The buyer accepts that the buyer is informed about the basic qualities of the goods/services subject to sale, sales price, payment method, delivery conditions and etc. as well as all the preliminary information about the goods/services subject to sale and its right of withdrawal and the buyer has confirmed this preliminary information in the electronic environment and then the buyer has ordered the goods/services. The preliminary information and invoice on the payment page of tomsterusa-tr.com website is an integral part of this contract.
ARTICLE 3: DATE OF THE AGREEMENT: These two copies of agreements previously signed by the seller have been signed by the buyer on the date of …………. and one copy has been mailed to the address of the buyer.
ARTICLE 4: DELIVERY OF GOODS/SERVICES, EXECUTION PLACE OF THE AGREEMENT AND WAY OF DELIVERY: The goods/service shall be delivered to the address of ………… required by the buyer.
ARTICLE 5: DELIVERY COSTS AND EXECUTION OF DELIVERY: Delivery costs belong to the buyer. If the seller declares in the web site that the seller is willing to pay the cost of the delivery for shopping over a specific amount, the cost of the delivery will be borne by the seller. Delivery will be done as soon as possible if the stock is available and after the cost of the goods is transferred to the seller’s account. Seller shall deliver the goods/service within 30 (thirty) days from the date of order, and reserve the right to extend an additional 10 (ten) days by written notification within this period. If for any reason the goods/services are not paid for or canceled in the bank records, the seller is deemed to be free from the obligation to deliver the goods/services.
ARTICLE 6: DECLARATION AND COMMITMENT OF THE BUYER: The buyer shall check the goods and services subject to the agreement before receiving the delivery and will not receive goods/services with torn packing and which are crushed, broken, damaged and defective from the cargo company. Delivered goods/services mean that the delivered goods/services are undamaged and sound. After the delivery, the goods/service must be carefully protected. The buyer has to send back the goods/service and the invoice to the seller within three (3) days after receiving them if the bank or financial institution cannot pay the goods/service fee to the seller due to unauthorized or illegal usage of the credit card by the unauthorized persons, for the reasons which are not due to the fault of the credit card of the buyer. After delivery of the goods/service, the buyer is obliged to compensate for the goods/service if the buyer has caused a defect which would prevent the resale of the goods/service. In all cases, the transportation costs belong to the PURCHASER.
ARTICLE 7: SELLER’S DECLARATION AND COMMITMENTS: Seller shall be responsible for delivering contractual goods/services in a sound, complete way and in accordance with the qualifications specified in the order and if provided, with warranty documents and user manuals. If the contractual goods/service is to be delivered to the person/organization other than the Buyer, the Supplier shall not be responsible for the delivery of goods/services if the person/organization does not accept the delivery. The seller shall return the goods/service fee within 10 (ten) days after receipt of the withdrawal declaration, and the negotiable documents if any. The goods/service will be returned within 20 (twenty) days. For justifiable reasons, the seller can supply the buyer with the goods/service with the same quality and price without the expiration of the contract. If the seller believes that the goods/services have been rendered impractical, the seller will notify the buyer before the fulfillment period of the agreement expires. The paid price and documents, if any, are returned within 10 (ten) days. The defective or damaged goods/services which are from the goods/services that are sold with the guarantee document or sold without the guarantee document can be sent to the seller for the necessary repairs within the guarantee conditions and in this case, the delivery expenses shall be covered by the seller
ARTICLE 8: CASH PRICE OF GOODS/SERVICES: The cash price of the goods/service is included in the invoice sent with the product sent to the customer following the order.
ARTICLE 9: GOODS/SERVICES FOR WHICH RIGHT OF RETURN CANNOT BE USED: Products/services which cannot be returned in terms of quality are goods/services which are rapidly damaged and expired, disposable goods/services. In addition, in order to be able to use the right of withdrawal for other kinds of products it must not be opened and damaged and they must be unused.
ARTICLE 10: AUTHORIZED COURT: Consumer Arbitration Duties are authorized in disputes up to the value declared by the Ministry of Industry and Trade while Consumer Courts are authorized in disputes over this value that may arise from this agreement. In places where there are no Consumer Courts, Civil Courts of First Instance are authorized.
Name and Surname: ……