1. PARTIES
This Agreement has been signed between the parties below under the terms and conditions specified herein.
‘BUYER’ (hereinafter referred to as the "BUYER" in this agreement)
NAME-SURNAME: [invoice-name]
ADDRESS: [invoice-address]
‘SELLER’ (hereinafter referred to as the "SELLER" in this agreement)
NAME-SURNAME: Avrupa Isıtma Soğutma San. Ve Tic. Ltd. Şti.
ADDRESS: İkitelli O.S.B. Mutfakçılar (MUTSAN) Sanayi Sitesi 9. Blok No:32 Başakşehir / İstanbul
By accepting this agreement, the BUYER acknowledges and agrees that upon confirming the order, they will be obligated to pay the specified price for the product, and if applicable, additional charges such as shipping costs, taxes, and other fees, and that they have been informed of these obligations in advance.
2. DEFINITIONS
The terms used in the application and interpretation of this Agreement are defined as follows:
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Any consumer transaction related to the provision of goods or services for a fee or benefit, other than the provision of goods,
SELLER: The company that sells or acts on behalf of the seller to provide goods or services to the consumer,
BUYER: A natural or legal person who acquires, uses, or benefits from a product or service for non-commercial purposes,
SITE: The website owned by the SELLER,
ORDERING PARTY: The natural or legal person requesting a product or service through the SELLER’s website,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement signed between the SELLER and the BUYER,
PRODUCT: Tangible goods subject to purchase or intangible goods such as software, audio, video, etc., prepared for use in an electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product ordered by the BUYER through the SELLER's website, the characteristics of the product, and the sales price.
The prices listed on the site are the sale prices. These prices and offers are valid until updated or changed. Prices listed for a limited time are valid until the specified time expires.
4. SELLER INFORMATION
Trade Name: Avrupa Isıtma Soğutma San. Ve Tic. Ltd. Şti.
Address: İkitelli O.S.B. Mutfakçılar (MUTSAN) Sanayi Sitesi 9. Blok No:32 Başakşehir / İstanbul
Phone: (0 212) 549 00 44
Fax:
Email: info@avrupaisi.com
5. BUYER INFORMATION
Recipient’s Name: [shipping-name]
Shipping Address: [shipping-address]
Phone: [phone]
Fax:
Email/username: [email]
6. ORDERING PARTY INFORMATION
Name/Surname/Title: [invoice-name]
Address: [invoice-address]
Phone: [phone]
Fax:
Email/username: [email]
7. INFORMATION ABOUT THE PRODUCTS SUBJECT TO THE AGREEMENT
7.2. The listed and posted prices on the site are the sale prices. These prices and offers are valid until updated or changed. Prices announced for a limited period are valid until the specified period ends.
7.3. The total sale price of the product or service, including all taxes, is shown below.
[product-list]
Payment Method and Plan: [payment-method]
Delivery Address: [shipping-address]
Recipient Name: [shipping-name]
Invoice Address: [invoice-address]
Order Date: [date]
Delivery Date:
Delivery Method:
7.4. Shipping costs (if any) will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title: [invoice-name]
Address: [invoice-address]
Phone: [phone]
Fax:
Email/username: [email]
The invoice will be delivered along with the order to the invoice address at the time of delivery.
9. GENERAL TERMS
9.1. The BUYER acknowledges that they have read the product's basic characteristics, the sale price, and payment method on the SELLER’s website, and have confirmed this in the electronic environment. The BUYER confirms that they have obtained all required information about the product, including taxes, price, and delivery details, and has accepted it in the electronic environment.
9.2. Each product subject to this Agreement will be delivered to the BUYER or the person/organization designated by the BUYER within the time frame indicated on the website, not exceeding 30 days, depending on the distance of the BUYER's location. If the product cannot be delivered within this period, the BUYER has the right to cancel the contract.
9.3. The SELLER agrees to deliver the product to the BUYER in accordance with the specifications of the order, free from defects, and with any required warranty certificates, user manuals, and other relevant documents.
9.4. If the SELLER cannot deliver the product, they can provide a similar product of equal quality and price, with the BUYER’s consent.
9.5. If the delivery becomes impossible, the SELLER will inform the BUYER within 3 days and will refund the total payment within 14 days.
9.6. The BUYER agrees that if the payment is not made or is canceled for any reason before the product is delivered, the SELLER will no longer be obligated to deliver the product.
9.7. If the product is delivered and later found to be fraudulently paid for using the BUYER's credit card, the BUYER agrees to return the product within 3 days at the SELLER's expense.
9.8. If the SELLER cannot deliver the product due to unforeseen circumstances or force majeure, they will inform the BUYER, and the BUYER may choose to cancel the order, accept a replacement product, or delay delivery.
9.9. The SELLER can contact the BUYER via the information provided on the website for notifications, marketing, and communication purposes. By accepting this agreement, the BUYER consents to such communication.
9.10. The BUYER agrees to inspect the product upon delivery and refuses to accept it if it is damaged. Once accepted, the product is deemed to be in good condition.
9.11. If the credit card holder differs from the BUYER or a security issue arises with the credit card before delivery, the SELLER may request additional verification and may cancel the order if not provided within 24 hours.
9.12. The BUYER guarantees that all personal information provided to the SELLER is accurate and will compensate the SELLER for any damage caused by inaccurate information.
9.13. The BUYER agrees to comply with all applicable laws and regulations when using the SELLER's website.
9.14. The BUYER agrees not to use the website in a way that disrupts public order or violates laws.
9.15. The SELLER may provide links to third-party websites, but does not guarantee their content.
9.16. Any violations of the terms will make the BUYER liable for legal consequences.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from the contract within 14 days from the delivery date without providing any reason or incurring any legal or financial obligation, provided the SELLER is notified.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER within 14 days, and the product must be unused, in its original packaging, and returned with the original invoice and the completed return form.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal does not apply to custom-made products, perishable goods, and products that cannot be returned due to health or hygiene reasons.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event of default in payment, the BUYER will be responsible for any late payment fees as outlined by the bank. The BUYER agrees to compensate the SELLER for any losses resulting from delayed payments.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer arbitration board or the consumer court located in the area where the consumer resides or where the consumer transaction was made, within the monetary limits specified in the law below. The information about the monetary limits is as follows:
Effective from 28/05/2014:
a) In disputes with a value of less than 2,000.00 (two thousand) TRY, applications will be made to the district consumer arbitration boards, in accordance with Article 68 of the Consumer Protection Law No. 6502.
b) In disputes with a value of less than 3,000.00 (three thousand) TRY, applications will be made to the provincial consumer arbitration boards.
c) In provinces with metropolitan status, applications will be made to the provincial consumer arbitration boards for disputes valued between 2,000.00 (two thousand) TRY and 3,000.00 (three thousand) TRY.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the Site, they are deemed to have accepted all the terms and conditions of this agreement. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER has read and accepted this agreement on the site before the order is placed.
SELLER: Avrupa Isıtma Soğutma San. Ve Tic. Ltd. Şti.
BUYER: [invoice-name]
DATE: [date]
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