Sales Agreement
ARTICLE 1- PARTIES
1.1- SELLER:
Title : KARATAŞ YAT DİZAYN İNŞAAT TURİZM SAN. VE TİC. LTD. STI.
Address : Postane Mahallesi Ecla Sokak No:18 Tuzla - İSTANBUL
Phone : 0216 446 56 57
E-mail : info@bernakaratas.com
Fax : +90 216 446 56 58
1.2- BUYER:
Identity No : …………………
Name/Surname/Title : …………………..
Address : ………………………….
Phone : …………………….
E-mail :……………………….
ARTICLE 2- SUBJECT AND SCOPE OF THE CONTRACT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on the Implementation Principles and Procedures of Distance Contracts ; regarding sales and delivery of the product, whose qualifications and sales price are stated below, which the BUYER has ordered electronically from the SELLER’s website www.bernakaratas.com. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement.
The subject of this Agreement; regarding the sale and delivery of goods or services with the qualifications specified in the Contract, which the BUYER has ordered electronically for the purchase of goods or services belonging to the SELLER from the website www.bernakaratas.com ("Website"), is to constitute of the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts.
ARTICLE-3 PRODUCT SUBJECT TO CONTRACT
The type, quantity, brand/model, sales price, payment method, shipping fee of the product/products purchased in the electronic environment are as follows. The SELLER accepts and undertakes all kinds of responsibilities and damages that may arise from situations where this information is not correct or incomplete. However, the accuracy of the recipient, delivery address and billing information is the responsibility of the BUYER, and the BUYER accepts and undertakes any responsibility and damage that may arise from the inaccuracy or incompleteness of this information. The person to be invoiced and the person making the contract and the paying person must be the same. All of the information given below must be correct and complete.
Persons under the age of 18(eighteen) cannot shop from KARATAŞ YAT DİZAYN İNŞAAT TURİZM SAN VE TİC LTD ŞTİ.
Date :
Product code :
Quantity :
Total product price excluding shipping:
Shipping cost :
Total Cost Including shipping:
Payment method: CREDIT CARD / BANK TRANSFER
Person to be delivered:
Identity Number:
Delivery address
Billing address :
Tax Administration :
Tax Registration Number:
Announced prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
ARTICLE 4- DELIVERY AND DELIVERY METHOD OF THE GOODS
The contract has entered into force with the approval of the BUYER in electronic environment and is executed by the delivery of the goods or services purchased by the BUYER from the SELLER to the BUYER. The goods will be delivered to the address and to the authorized person(s)specified by the BUYER in the order form and in this Agreement.
ARTICLE 5- DELIVERY COSTS AND PERFORMANCE
The delivery costs of the goods belong to the BUYER unless there is a contrary provision. If the SELLER has declared on the Website that the delivery fee will be covered by itself, the delivery costs will belong to the SELLER.
Delivery of the goods; After the payment is transferred to the SELLER’s account and the contract is concluded, is done within the promised period, on the condition that it does not exceed 30 days, and with the right to extend an additional 10 (ten) days with a written notification within this period. The SELLER, without prejudice to the circumstances in which the performance of the goods or services subject to the order becomes impossible, shall deliver the goods or services within 1-5 working days for stocked products to the cargo company.
The SELLER, without prejudice to the circumstances in which the performance of the goods or services subject to the order becomes impossible, shall deliver the goods or services not exceeding 30 days for each product, to the cargo company in case of production.
If, for any reason, the price of the goods or services is not paid by the BUYER or the payment is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the goods or services.
The BUYER is responsible for the shipping cost, in order cancellations made by the BUYER, after the goods are shipped by the SELLER, but before the BUYER receives them.
In cases where the fulfillment of the goods or services subject to the order becomes impossible, the SELLER shall inform the BUYER within 3 (three) days from the date of learning of this situation, and all payments collected, including delivery costs, if any, shall refund within 14 (fourteen) days at the latest from the date of notification, in the same way as the payment was made.
In cases where the fulfillment of the goods or services subject to the order becomes impossible, the SELLER shall inform the BUYER within 3 (three) days from the date of learning of this situation, and all payments collected, including delivery costs, if any, will refund within 14 (fourteen) days at the latest from the date of notification, in the same way as the payment was made.
ARTICLE-6 DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER accepts and declares that she/he has read the preliminary information uploaded by the SELLER regarding the basic characteristics sales price and payment method as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Website and has given the necessary confirmation in electronic environment.
By confirming this Agreement and the Preliminary Information Form electronically the BUYER also confirms that he/she has obtained correctly and completely the information which must be given to the BUYER by the SELLER before the conclusion of the distance contracts. This information is about address the basic features of the ordered goods or services the price of the goods or services including taxes payment and delivery and the delivery price.
The buyer Should not take delivery of the goods or services subject to the contract, which are clearly damaged defective packaging is torn etc. from the cargo company and keep a report to the cargo officer. Following this, the BUYER should notify the SELLER customer service as soon as possible with the copy of the report remaining in the BUYER.
The received goods/services shall be deemed to be undamaged and intact. The responsibility of the received goods / services belongs entirely to the BUYER. In any case, the BUYER reserves the right to open and check the incoming package accompanied by the cargo officer and accept it after the check.
SELLER has no reponsibility in case that the relevant bank or financial institution fails to pay the price of the goods or services to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons after the delivery of the goods or services.In the event of such a situation, the BUYER is obliged to return the goods or services to the SELLER within 1 (one) day, provided that they have been delivered to the BUYER. In this case, the delivery costs belong to the BUYER.
ARTICLE-7 DECLARATIONS AND COMMITMENTS OF THE SELLER
The SELLER is responsible for the delivery of the contracted goods or services to the BUYER in accordance with the consumer legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
If the SELLER cannot deliver the goods or services subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, SELLER is obliged to notify the BUYER within 3 (three) days from the date of learning about the situation.
If the contracted good or service is to be delivered to another person from the BUYER, the SELLER cannot be held responsible for the person to be delivered not accepting the delivery.
Persons under the age of 18 (eighteen) cannot shop on the www.bernakaratas.com website. The SELLER will base the BUYER’s age specified in the contract as correct. However, no responsibility can be placed on the SELLER due to the BUYER’s incorrect writing of his age.
ARTICLE-8 RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw if there is a valid reason within 1 day from the delivery of the product subject to the contract to herself/himself or the person / organization at the address indicated. The valid reason is that the product sent by the SELLER is different from the ordered product and it is only caused by the SELLER. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the product must not be used within the framework of the provisions of Article 6 of the PRELIMINARY INFORMATION FORM. In case this right is exercised, it is obligatory to return the copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER together with the original invoice through the delivery company. The responsibility during the return of the product belongs to the consumer. Within 14 days following the actual receipt of these documents and the product requested to be returned to the SELLER, the product price will be refunded to the buyer as payment was made. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal will be paid by the BUYER. If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses at the rate of the BUYER’s fault.
ARTICLE 9- USE OF THE RIGHT OF WITHDRAWAL AND PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
Since the handmade jewelry and accessory products on the www.bernakaratas.com website are special production in nature, the use of the right of withdrawal depends on the conditions that the product has not been used, the product is not deformed, the the product is complete . And also the use of the right of withdrawal depends on product must sent back as it was sent to the consumer together with its original box and invoice. The right of withdrawal cannot be exercised for products produced by special order or modified upon consumer demand.
If the consumer uses her/his right of withdrawal, she/he is obliged to send the invoice, waybill, certificate, insurance forms, any gifts given, product box, packaging, and all other documents and materials has been sent to her/him in full back to the SELLER.
VAT and other legal obligations, if any, of the products whose original invoice is not sent are not refundable. During the return shipment, the responsibility of any deterioration, damage or similar depreciating situation in the product and the documents and materials sent with the product due to reasons arising from the cargo companies or the BUYER belongs to the BUYER who makes the return.
ARTICLE 10- CHANGE
Since the handmade jewelry and accessory products on the www.bernakaratas.com website are special production, it is not possible to change the product after the order is placed or to exchange the product received by the BUYER with another product.
ARTICLE 11- AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees, Consumer Courts in the SELLER’s settlement and ISTANBUL ANATOLIAN COURTS are also authorized up to the value declared by the Ministry of Industry and Trade. In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
ARTICLE 12-STATE OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement signed by the bank with the cardholder and will be liable to the bank. In this case the relevant bank may take legal action and may claim the costs and attorney’s fees to arise from the BUYER . In any case in the event that the BUYER defaults due to its debt the BUYER shall be responsible for the loss and damage suffered by the SELLER due to the delayed performance of the BUYER’s debt.
ARTICLE 13- EFFECTIVENESS
This Agreement has been concluded and entered into force by being approved by the BUYER electronically on the date …………. it was read and signed by the BUYER.
1.1- SELLER:
Title : KARATAŞ YAT DİZAYN İNŞAAT TURİZM SAN. VE TİC. LTD. STI.
Address : Postane Mahallesi Ecla Sokak No:18 Tuzla - İSTANBUL
Phone : 0216 446 56 57
E-mail : info@bernakaratas.com
Fax : +90 216 446 56 58
1.2- BUYER:
Identity No : …………………
Name/Surname/Title : …………………..
Address : ………………………….
Phone : …………………….
E-mail :……………………….
ARTICLE 2- SUBJECT AND SCOPE OF THE CONTRACT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on the Implementation Principles and Procedures of Distance Contracts ; regarding sales and delivery of the product, whose qualifications and sales price are stated below, which the BUYER has ordered electronically from the SELLER’s website www.bernakaratas.com. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement.
The subject of this Agreement; regarding the sale and delivery of goods or services with the qualifications specified in the Contract, which the BUYER has ordered electronically for the purchase of goods or services belonging to the SELLER from the website www.bernakaratas.com ("Website"), is to constitute of the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts.
ARTICLE-3 PRODUCT SUBJECT TO CONTRACT
The type, quantity, brand/model, sales price, payment method, shipping fee of the product/products purchased in the electronic environment are as follows. The SELLER accepts and undertakes all kinds of responsibilities and damages that may arise from situations where this information is not correct or incomplete. However, the accuracy of the recipient, delivery address and billing information is the responsibility of the BUYER, and the BUYER accepts and undertakes any responsibility and damage that may arise from the inaccuracy or incompleteness of this information. The person to be invoiced and the person making the contract and the paying person must be the same. All of the information given below must be correct and complete.
Persons under the age of 18(eighteen) cannot shop from KARATAŞ YAT DİZAYN İNŞAAT TURİZM SAN VE TİC LTD ŞTİ.
Date :
Product code :
Quantity :
Total product price excluding shipping:
Shipping cost :
Total Cost Including shipping:
Payment method: CREDIT CARD / BANK TRANSFER
Person to be delivered:
Identity Number:
Delivery address
Billing address :
Tax Administration :
Tax Registration Number:
Announced prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
ARTICLE 4- DELIVERY AND DELIVERY METHOD OF THE GOODS
The contract has entered into force with the approval of the BUYER in electronic environment and is executed by the delivery of the goods or services purchased by the BUYER from the SELLER to the BUYER. The goods will be delivered to the address and to the authorized person(s)specified by the BUYER in the order form and in this Agreement.
ARTICLE 5- DELIVERY COSTS AND PERFORMANCE
The delivery costs of the goods belong to the BUYER unless there is a contrary provision. If the SELLER has declared on the Website that the delivery fee will be covered by itself, the delivery costs will belong to the SELLER.
Delivery of the goods; After the payment is transferred to the SELLER’s account and the contract is concluded, is done within the promised period, on the condition that it does not exceed 30 days, and with the right to extend an additional 10 (ten) days with a written notification within this period. The SELLER, without prejudice to the circumstances in which the performance of the goods or services subject to the order becomes impossible, shall deliver the goods or services within 1-5 working days for stocked products to the cargo company.
The SELLER, without prejudice to the circumstances in which the performance of the goods or services subject to the order becomes impossible, shall deliver the goods or services not exceeding 30 days for each product, to the cargo company in case of production.
If, for any reason, the price of the goods or services is not paid by the BUYER or the payment is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the goods or services.
The BUYER is responsible for the shipping cost, in order cancellations made by the BUYER, after the goods are shipped by the SELLER, but before the BUYER receives them.
In cases where the fulfillment of the goods or services subject to the order becomes impossible, the SELLER shall inform the BUYER within 3 (three) days from the date of learning of this situation, and all payments collected, including delivery costs, if any, shall refund within 14 (fourteen) days at the latest from the date of notification, in the same way as the payment was made.
In cases where the fulfillment of the goods or services subject to the order becomes impossible, the SELLER shall inform the BUYER within 3 (three) days from the date of learning of this situation, and all payments collected, including delivery costs, if any, will refund within 14 (fourteen) days at the latest from the date of notification, in the same way as the payment was made.
ARTICLE-6 DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER accepts and declares that she/he has read the preliminary information uploaded by the SELLER regarding the basic characteristics sales price and payment method as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Website and has given the necessary confirmation in electronic environment.
By confirming this Agreement and the Preliminary Information Form electronically the BUYER also confirms that he/she has obtained correctly and completely the information which must be given to the BUYER by the SELLER before the conclusion of the distance contracts. This information is about address the basic features of the ordered goods or services the price of the goods or services including taxes payment and delivery and the delivery price.
The buyer Should not take delivery of the goods or services subject to the contract, which are clearly damaged defective packaging is torn etc. from the cargo company and keep a report to the cargo officer. Following this, the BUYER should notify the SELLER customer service as soon as possible with the copy of the report remaining in the BUYER.
The received goods/services shall be deemed to be undamaged and intact. The responsibility of the received goods / services belongs entirely to the BUYER. In any case, the BUYER reserves the right to open and check the incoming package accompanied by the cargo officer and accept it after the check.
SELLER has no reponsibility in case that the relevant bank or financial institution fails to pay the price of the goods or services to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons after the delivery of the goods or services.In the event of such a situation, the BUYER is obliged to return the goods or services to the SELLER within 1 (one) day, provided that they have been delivered to the BUYER. In this case, the delivery costs belong to the BUYER.
ARTICLE-7 DECLARATIONS AND COMMITMENTS OF THE SELLER
The SELLER is responsible for the delivery of the contracted goods or services to the BUYER in accordance with the consumer legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
If the SELLER cannot deliver the goods or services subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, SELLER is obliged to notify the BUYER within 3 (three) days from the date of learning about the situation.
If the contracted good or service is to be delivered to another person from the BUYER, the SELLER cannot be held responsible for the person to be delivered not accepting the delivery.
Persons under the age of 18 (eighteen) cannot shop on the www.bernakaratas.com website. The SELLER will base the BUYER’s age specified in the contract as correct. However, no responsibility can be placed on the SELLER due to the BUYER’s incorrect writing of his age.
ARTICLE-8 RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw if there is a valid reason within 1 day from the delivery of the product subject to the contract to herself/himself or the person / organization at the address indicated. The valid reason is that the product sent by the SELLER is different from the ordered product and it is only caused by the SELLER. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the product must not be used within the framework of the provisions of Article 6 of the PRELIMINARY INFORMATION FORM. In case this right is exercised, it is obligatory to return the copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER together with the original invoice through the delivery company. The responsibility during the return of the product belongs to the consumer. Within 14 days following the actual receipt of these documents and the product requested to be returned to the SELLER, the product price will be refunded to the buyer as payment was made. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal will be paid by the BUYER. If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses at the rate of the BUYER’s fault.
ARTICLE 9- USE OF THE RIGHT OF WITHDRAWAL AND PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
Since the handmade jewelry and accessory products on the www.bernakaratas.com website are special production in nature, the use of the right of withdrawal depends on the conditions that the product has not been used, the product is not deformed, the the product is complete . And also the use of the right of withdrawal depends on product must sent back as it was sent to the consumer together with its original box and invoice. The right of withdrawal cannot be exercised for products produced by special order or modified upon consumer demand.
If the consumer uses her/his right of withdrawal, she/he is obliged to send the invoice, waybill, certificate, insurance forms, any gifts given, product box, packaging, and all other documents and materials has been sent to her/him in full back to the SELLER.
VAT and other legal obligations, if any, of the products whose original invoice is not sent are not refundable. During the return shipment, the responsibility of any deterioration, damage or similar depreciating situation in the product and the documents and materials sent with the product due to reasons arising from the cargo companies or the BUYER belongs to the BUYER who makes the return.
ARTICLE 10- CHANGE
Since the handmade jewelry and accessory products on the www.bernakaratas.com website are special production, it is not possible to change the product after the order is placed or to exchange the product received by the BUYER with another product.
ARTICLE 11- AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees, Consumer Courts in the SELLER’s settlement and ISTANBUL ANATOLIAN COURTS are also authorized up to the value declared by the Ministry of Industry and Trade. In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
ARTICLE 12-STATE OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement signed by the bank with the cardholder and will be liable to the bank. In this case the relevant bank may take legal action and may claim the costs and attorney’s fees to arise from the BUYER . In any case in the event that the BUYER defaults due to its debt the BUYER shall be responsible for the loss and damage suffered by the SELLER due to the delayed performance of the BUYER’s debt.
ARTICLE 13- EFFECTIVENESS
This Agreement has been concluded and entered into force by being approved by the BUYER electronically on the date …………. it was read and signed by the BUYER.