Article 1: Parties
SELLER:
Trade Name: IL BERNARDO Değerli Dadenler San. Tic. Ltd. Şti
Address: Molla fenari mah Vezirhan cad no:37/39 posta kodu 34120
Çemberlitaş Fatih İstanbul
Telephone: +90 212 527 51 07 / 08
E-Mail Address: muhasebe@ilbernardo.com
(Hereinafter referred to as the “Seller”.)
CONSUMER:
Name-Surname:
Address:
Telephone:
E-Mail Address:
(Hereinafter referred to as the “Consumer”.)
Article 2: Subject
This Contract has been drawn up in accordance with the provisions of the Law on Protection of Consumer, No. 6502, and the Regulation on Implementation Procedures and Principles regarding Distance Contracts, to set out the mutual rights and obligations between the Consumer ordering the product with the following features and sales price from the website www…………………..com and the Seller that is the owner of such website.
Article 3: Product and Order Information
Name of Product:
Quantity of Product:
VAT-inclusive Price of Product:
Delivery Transport Cost:
Payment Method:
(Published prices and promises shall remain valid until they are updated and changed. Prices published for a limited term are valid until the end of the specified time period.)
Article 4: Invoice and Delivery Information
Invoice Address:
Trade Name on Invoice:
Delivery Address:
Recipient:
Article 5: General Provisions
5.1. The Consumer accepts, declares and undertakes that he/she has read the preliminary information on the Seller’s website with the domain name ………………..com about the main features, sales price, method of payment and delivery of the product covered by this Contract and has become fully aware of the preliminary information, and has provided all the necessary confirmations in electronic environment.
5.2. Persons younger than the age of 18 are prohibited from shopping from the website with the domain name ………………..com. By confirming this Contract in electronic environment, the Consumer accepts, declares and undertakes that he/she is older than 18 years old. The Seller is not liable for any damages that will result from the Consumer’s being younger than 18 years old.
5.3. If the product price is not paid for any reason or cancelled in the bank records, the Seller shall be deemed to have been relieved of the obligation of delivering the product. Also, the date of being put into processing, by the Seller, of the orders placed through bank remittance or EFT is not the date of placement of the order but the date when the payment is seen to have been received in the Seller’s bank accounts.
The Consumer accepts that, in the case of orders he/she places through bank remittance or EFT, the Seller will cancel the order if the Consumer fails to effect the payment within 3 business days.
5.4. The product covered by the Contract shall be delivered to the Consumer and/or the person notified by the Consumer, within the period stipulated in the preliminary information section of the website, depending on the distance of the place of residence of the Consumer for each product, provided that the 30-day legal period is not exceeded. The Seller may not be held liable for non-delivery of the ordered product to the Consumer due to any problems that the cargo company may encounter during the delivery of the product to the Consumer.
5.5. If the product covered by the Contract will be delivered to the person, entity or institution notified by the Consumer, the Seller shall have no liability in the case that the recipient person, entity or institution does not accept the product.
5.6. The Seller is responsible for delivering the product covered by the Contract in a sound condition, in whole, in compliance with the features specified in the order, and together with its warranty certificates and user’s manuals, if any.
5.7. If the Seller cannot deliver the product covered by the Contract within the applicable time period due to force majeure events or extraordinary circumstances that prevent transportation such as adverse weather conditions and interruption of transportation, then the Seller shall be obliged to notify the Consumer of the situation within a reasonable period. The Consumer may accordingly exercise one of the following rights: requesting cancellation of the order, replacement of the product covered by the Contract with its equivalent, if any, and/or postponement of the delivery time until such preventive circumstances disappear. In the case that the Consumer cancels the order, the amount paid by him/her shall be refunded to him/her in cash and in lump-sum within 10 business days.
5.8. Malfunctioning or broken products which are or are not among those products sold with a warranty certificate may be sent to the Seller for the necessary repair to be performed under the warranty terms, and in this case, courier expenses shall be borne by the Seller.
5.9. This Contract shall become effective upon its acceptance by the Consumer through any means or medium (electronic mail message, fax, SMS, internet, etc.) which make it possible to conclude a contract without any physical meeting of the Seller and the Consumer.
Article 6: Representations and Warranties of Consumer
6.1. The Consumer accepts, represents and warrants that he/she has read the preliminary information uploaded by the Seller on the website about the main features, sales price, method of payment, delivery and courier fee of the goods or services covered by the Contract and has become aware of the same, and has provided the necessary confirmation in electronic environment.
6.2. By confirming this Contract in electronic environment, the Consumer confirms that he/she has also obtained correctly and completely the information on address, main features of the ordered goods or services, tax-inclusive price of the goods or services, and payment and delivery information, which are required to be given by the Seller to the Consumer prior to conclusion of distant sales contracts. In the case that the Buyer receives from the courier company such goods or services covered by the Contract which are apparently damaged and defective, such as destroyed, broken, with a torn packaging, etc., at the moment of delivery, the entire liability shall rest with himself/herself.
6.3. If, after the delivery of the goods or services, the respective bank or financial institution fails to pay the price of the goods or services to the Seller due to the fact that the Consumer’s credit card has been wrongfully and unlawfully used by unauthorized persons in a way that is not arising from the Consumer’s fault, the Buyer shall be obliged to return the goods or services to the Seller within 3 (three) days, provided that the same has been delivered to him/her. In such a case, delivery expenses shall be borne by the Buyer.
6.4. Unless the Seller offers to take the goods back itself, the Consumer is obligated to send back the goods to the seller or provider or the person it has authorized, within 10 (ten) days following the date when the Consumer sends the notice for exercise of his/her right of rescission.
6.5. In the case that the Consumer requests the goods to be sent by a carrier other than the one designated by the Seller, the Seller shall not be liable for any loss or damage that may occur from the moment of delivery of such goods to the respective carrier.
Article 7: Representations and Warranties of Seller
7.1. The Seller is responsible for delivering the goods or services covered by the Contract to the Consumer in a sound condition, in whole, in compliance with the features specified in the order, and together with its warranty certificates, if any, in accordance with the consumer legislation.
7.2. If the Seller cannot deliver the goods or services covered by the Contract within the applicable time period due to force majeure events or extraordinary circumstances that prevent transportation, then the Seller shall be obliged to notify the Consumer of the situation within 3 (three) business days from the date of becoming aware of the same.
Article 8: Right of Rescission
8.1. The Consumer has the right of rescission within 14 days from the delivery of the product covered by the Contract to him/her or the person, entity or institution at the address designated by him/her, -except for the products in article 9.
8.2. In order for the Consumer to exercise his/her right of rescission, it is required that the Seller is notified in writing within this period through fax, e-mail and similar channels and that the product has not been used under the provisions of article 7.
8.3. The Consumer or 3rd person is obliged to send the invoice, dispatch note, certificate, insurance forms, product box, package and all other documents and materials sent to him/her to the Seller completely along with the return of the product. VAT and other legal liabilities, if any, for the products the original invoice of which is not sent shall not be refunded. Any spoilage, damage or any similar situation causing loss of value in the product and in the documents and materials sent together with the product, during the return due to reasons resulting from the courier companies or the Consumer performing the return shall be the liability of the Consumer performing the return.
Article 9: Products for which the Right of Rescission may not be Exercised
Pursuant to the relevant legislation; contracts for goods or services, the prices of which change depending upon the fluctuations in financial markets and therefore are beyond the control of the Seller (e.g. products in the category of jewellery, gold, bullion, diamond, silver, etc.); contracts for delivery of goods which are prepared in line with the Consumer’s demand or explicitly his/her personal needs, which are not suitable for being sent back by their nature and bears the risk of being quickly spoilt, or which are likely to expire; contracts for delivery of goods the protective elements of which, such as packaging, tape, seals, and wraps, are opened after their delivery and the return of which is not suitable in terms of health and hygiene; contracts for goods that are mixed with other products after their delivery and that cannot be separated due to their nature; contracts for books, sound and image recordings, software programs and computer consumables offered in tangible form, provided that their protective elements such as packaging, tape, seals, and wraps are opened by the Buyer; contracts for delivery of periodical publications such as newspapers and magazines, other than those provided under subscription contracts; contracts for accommodation, carriage of goods, car rental, provision of food and beverages/catering, and leisure activities for entertainment or recreational purposes, which are required to be provided on a specific date or within a specific period; contracts for performance of services related to betting and lottery; contracts for services, the performance of which starts upon approval of the consumer, before the expiry of the period of right of rescission; and contracts for services performed instantaneously in electronic environment and intangible goods delivered instantaneously to the consumer (gift card, gift voucher, coupon representing money, etc.), are among the products for which the right of rescission may not be exercised.
Article 10: Event of Default and Its Legal Consequences
Where the Consumer defaults on transactions executed by it by using a credit card, the card holder shall pay interest, and be liable towards the bank, in line with the credit card agreement between him/her and the bank. In such a case, the respective bank may resort to legal remedies; it may claim any resulting expenses and attorney’s fees from the Consumer and in any case, if the Consumer defaults due to its obligation, the Consumer shall be liable for losses and damages that the Seller may incur on account of the late performance of the obligation by the Consumer.
Article 11: Jurisdiction
In implementation of this Contract, Consumer Arbitration Panels at the place where the Buyer purchased the product or is resident in the domicile of the Buyer, and the Consumer Courts in the domicile of the Consumer or Seller shall have jurisdiction up to the value announced by the Ministry of Industry and Trade.
In the case that the order is placed, the Consumer shall be deemed to have accepted, declared and undertaken all the terms and conditions of this Contract.
Article 12: Entry into Force
This Contract consisting of 12 (twelve) articles has been read by the parties, and was executed and entered into force on the date when the Consumer placed an order on the website, upon being approved by the Consumer in electronic environment.
SELLER:
CONSUMER:
DATE: