DISTANCE SALES CONTRACT
Article 1 - PARTIES TO THE CONTRACT
This Contract From One Party;
SELLER: Adalet Mah. Manas Blv.No:39 İç Kapı No:3408 Bayraklı / İZMİR Address Pozitif Uniforma Textile Industry and Trade Co. Ltd.
Email: info@pozitifuniforma.com
From the Other Party;
BUYER:[user_login] End User (Customer)
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. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of Distance Contracts regarding the sale and delivery of products that the BUYER has ordered electronically from the www.pozitifuniforma.com website of the SELLER, that have the qualities mentioned in the contract, and whose content and sales price are specified in Articles 1.3 and 1.4 of the contract. BUYER accepts and declares that he/she is informed about the basic qualities of the products subject to sale, sales price, payment method, delivery conditions, etc., all preliminary information about the product subject to sale and the right of withdrawal, that he/she has confirmed this preliminary information electronically and then ordered the product, in accordance with the provisions of this contract. The preliminary information and invoice on the www.pozitifuniforma.com website are integral parts of this contract. The BUYER is deemed to have accepted all the terms of this contract at the time the order is placed.
Article 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE OF THE CONTRACT AND METHOD OF DELIVERY
The product will be delivered to the person who placed the order on the www.pozitifuniforma.com member list by the cargo company official at the cargo address requested by the BUYER.
Article 4: DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the BUYER. If the SELLER has declared on the website that the delivery fee of those who shop above the amount declared will be covered by the SELLER, the delivery cost belongs to the SELLER. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. Therefore, all kinds of damages arising from the BUYER receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the cargo being returned to the seller belong to the BUYER. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER's account. SELLER shall deliver the product within 30 (thirty) days from the date of order and reserves the right to extend the period by an additional 10 (ten) days with written notice within this period. If SELLER cannot deliver the contracted product within the specified time due to stock depletion and similar commercial impossibilities, unexpected situations, force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, SELLER shall be obliged to notify the BUYER of the situation. In order for the delivery of the contracted product, a signed copy of this contract shall be delivered to SELLER and the price shall be paid with the payment method preferred by BUYER. If the product price is not paid or is cancelled in bank records for any reason, SELLER shall be deemed to have been relieved of its obligation to deliver the product.
Article 5: DECLARATIONS AND COMMITMENTS OF BUYER
BEFORE receiving the contracted product, BUYER shall inspect it and shall not receive the damaged and defective product such as crushed, broken, torn packaging etc. from the cargo company. The product received shall be deemed to be undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product must not be used and the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The price of the product or products returned due to the right of withdrawal shall be refunded to the BUYER'S CARD, including VAT, upon the BUYER's payment of the CARGO arrival and departure expenses and the sending of the invoice. If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, the BUYER is obliged to send the product to the SELLER within 3 (three) days, provided that it has been delivered to him. In this case, the delivery expenses belong to the BUYER. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address during the delivery shall be deemed to have been made to the BUYER.
Article 6: SELLER'S DECLARATIONS AND COMMITMENTS
SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any. If the product subject to the contract is to be delivered to a person/institution other than BUYER, SELLER cannot be held responsible for the person/institution to whom the delivery is made not accepting the delivery. SELLER undertakes that BUYER has the right to reject the product and withdraw from the contract within 7 (seven) days from the date of receipt of the product or signing of the contract without assuming any legal or criminal liability and without giving any justification and undertakes to take back the product from the date of receipt of the withdrawal notice by the seller or provider. Seller returns the product price and any valuable documents within 7 (seven) days after receipt of the withdrawal notice. Seller takes the product back within 7 (seven) days. Seller may supply the product of equal quality and price to BUYER before the performance period in the contract expires, for justified reasons. If the Seller thinks that the delivery of the product has become impossible, it shall notify the BUYER before the contract period expires. In this case, the BUYER may exercise one of the rights to cancel the order, replace the contractual product with a similar one, if any, and/or postpone the delivery period until the impeding situation is eliminated. If the BUYER cancels the order, the paid price and any documents, if any, shall be returned within 7 (seven) days. Products that are defective or broken, whether or not sold with a warranty certificate, may be sent to the Seller for the necessary repair under warranty conditions, in which case the delivery expenses shall be covered by the Seller.
Article 7: FEATURES OF THE PRODUCT SUBJECT TO THE CONTRACT
Type and kind of the product, Quantity, Brand/Model, Color and Sales Price Including All Taxes are as specified in the information on the product introduction page on the website www.pozitifuniforma.com and in the invoice that is considered an integral part of this contract. The SELLER is not responsible for price update errors caused by technical reasons.
Article 8: PRODUCT CASH PRICE The product cash price is included in the product details and invoice content.
Article 9: DEADLINE PRICE The price of the product according to the term applied to the sales price is included in the product details and invoice content.
Article 10: INTEREST If the Buyer makes a purchase with a credit card and in installments, the interest to be applied according to the number of installments will be clearly published in the "payment options" in each product detail. The BUYER is responsible to the bank it works with according to the provision of Article 12.
Article 11: DOWN PAYMENT AMOUNT The product down payment amount is included in the product details and invoice content.
Article 12: PAYMENT PLAN Since the deferred sales are made only with credit cards belonging to banks, the BUYER accepts, declares and undertakes that it will separately confirm the relevant interest rates and default interest information from its 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. 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. The BUYER can also follow the number of installments and payments from the account statement sent by the bank.
Article 13: RIGHT OF WITHDRAWAL The BUYER may exercise the right of withdrawal within 14 (fourteen) days from the delivery of the product subject to the contract to him/her or to the person/institution at the address he/she indicates. For withdrawal (return) and exchange transactions, the BUYER must make an online request from the link http://www.pozitifuniforma.com/rma. As long as the Buyer sends the products with the Seller's contracted cargo company, the withdrawal (return) and exchange cargo fee belongs to the Seller. In case of sending with a different cargo company, the responsibility for the withdrawal (return) and exchange cargo fee and the damage to the products during the cargo process belongs to the BUYER.
Article 14: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
1- The products must be sent to us in a clean and unused condition.
2- No special process should be done on the product (reduction, ironing marks, etc.)
3- The trouser legs of the products should definitely not be made.
4- In case of returns of shoes and slippers, the returns should be sent with the Pozitif Uniforma box, and there should be no traces of use on the shoes (they should not be used).
Article 15: DEFAULT AND LEGAL CONSEQUENCES
In case the BUYER defaults in the transactions made with the credit card, 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; it may request the expenses and attorney fees that will arise from the BUYER and in any case, in case the BUYER defaults due to his debt, the BUYER agrees to pay the SELLER's damages and losses due to the delayed performance of the debt.
ARTICLE 16: CONFIDENTIALITY
The information provided by the buyer to the seller for the purpose of making payment with the information specified in this contract will not be shared by the seller with third parties.
The seller may only disclose this information within the framework of the existence of an administrative/legal obligation. If the seller has the information requested from him/her within the scope of any legal investigation with documented investigative capacity, he/she may provide it to the relevant authority.
Credit Card information is never stored. Credit Card information is only used to obtain authorization by securely transmitting it to the relevant banks during the collection process and is not kept in the system after the authorization.
Contact information such as the buyer's telephone, e-mail address, postal address will be used for standard product delivery and information procedures regarding the buyer's order. In addition, in some periods, the seller may notify the buyer about campaigns, discounts, draws, promotions and new products related to the products it sells, electronically or physically. When the Buyer sends a blank e-mail to info@pozitifuniforma.com using the e-mail address used during the order, the Seller is obliged to stop such notifications to the Buyer within 3 days at the latest.
Article 17: AUTHORIZED COURT In disputes that may arise from this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade and Consumer Courts in the SELLER's settlement areas, or Civil Courts of First Instance in places where there is no consumer court, are authorized.
Article 18: ENFORCEMENT In the event that the payment for the order placed through the site is made, the BUYER will be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements that will ensure that orders cannot be placed without receiving confirmation that the said contract has been read and accepted by the BUYER on the site. In the event that this text cannot be displayed temporarily due to technical reasons, the SELLER is obliged to read this contract and to be aware that it has accepted it when the order is paid.