DISTANT SALES CONTRACT
ARTICLE 1 - PARTIES
1.1 THE SELLER
||(hereinafter shall be referred as “Seller”)|
|Product Return Address:
1.2 THE BUYER
ARTICLE 2 - SUBJECT
The scope of the contract herein is to clarify rights and responsibilites of the BUYER and the SELLER regarding the sales and delivery terms of the product which the qualifications and the sale price is provided below, through the website www.cosalindo.com ( “Website” ) or COSALINDO mobile application ( “APP” ) which is owned and operated by COSALINDO ELEKTRONİK TİCARET A.Ş.
ARTICLE 3 – PRODUCT INFORMATION
Type, quantity, brand/ model/ colour, sale price and delivery information are as follows,
|Description||Quantity||Price Including VAT||Sub Total|
|Product Price And Delivery Cost|
|Payment Method||Additional Expenses|
|TOTAL ( including VAT)|
ARTICLE 4 – GENERAL CONDITIONS
Parties to the contract have agreed on the terms regarding the sale of the abovementioned product. In this context, parties hereby agree and undertake that COSALINDO ELEKTRONIK TICARET A.Ş. (hereinafter shall be referred as “COSALINDO” ) shall not be a party to the sales contract between BUYER and SELLER regarding the sale of the product and services offered through the system, and that COSALINDO acts as a intermediary service provider and hosted service provider, therefore shall not be held liable.
BUYER, hereby declares and accepts that he / she have read and acknowledged the product or service qualifications, sale price including all the relevant taxes, payment method and the delivery options which shall be covered by the BUYER, and the pre-contractual information, delivery period, and the commercial title, address and contact information of the SELLER
COSALINDO shall not be held liable for any interruption, error, negligence, deletion, loss, delay in processing or communication, computer viruses, malfunctions in telecommunication lines, communication failure, theft, destruction or unauthorized entry, alteration or use.
BUYER is conscious of the fact, that COSALINDO is a Marketplace that brings together sellers with the it’s Website and mobile application. They hereby acknowledge and agree that COSALONDO is not a party to this contract and to the sale of the contractual products or services and that COSALINDO is not undertaking or held liable.
The contractual products shall be delivered to the BUYER depending on the distance of the recipents residence and the pre-contractual information regarding the delivery time. BUYER shall be held liable for any cargo / shipping charges related to the delivery of the products shown in Article 3 , reflected under the name “Delivery Fee” related to the order.
If the BUYER designated the delivery to be made to someone else and if the recipient does not accept the delivery; COSALINDO, SELLER, or the carrier shall not be held liable for any loss or damages.
The SELLER shall not be held liable for any damages that may arise from the error or negligence of the cargo company responsible for the delivery of the product, or failure to deliver the product.
The SELLER is obliged to report the situation to the BUYER, if the products can not be delivered in the specified time period due to a force majeure or adverse weather conditions that prevent the transportation. If the BUYER prefers to cancel the order, the amount he paid to SELLER will be returned to him in 14 (fourteen) days via the the transaction method he used in the purchase transaction. BUYER hereby accepts that the refund to the credit card may not transfer to the bank account instantly, and may take two to three weeks concerning the banking transactions are solely under the discretion of the banks and the SELLER can not intervene with the delay in banking transactions.
The personal data of the BUYER may only be disclosed to the authorities if such information is requested by the official authorities and if it’s mandatory to make a statement to the authorities in accordance with the provisions of the applicable statutory legislation.
BUYER hereby accepts and undertakes to return the product to COSALINDO or to the SELLER within 3 (three) days, if the bank or the financial institution refuse to pay due to unauthorized or unlawful use of the credit card/ banking card /debit card and other payment systems offered through the Platform, following the delivery of the product. If not legal action shall be carried out.
Upon the purchase transaction made with credit card can not be performed due to 3 (three) incorrect password entries, COSALINDO shall be entitled to request any information and documents, including visual means to confirm the identity and credit card information. Upon failing to provide the requested information, providing them incomplete or the provided information and documents do not match with the order information, SELLER is entitled to immediately cancel the relevant order without any liability or compensation.
BUYER hereby accepts and declares that in the event of an obvious error in the product price, such as perceived by anyone as being far below the average market, COSALINDO or the SELLER is entitled to cancel the order and the BUYER shall not claim any rights or demands due to manifest error.
BUYER hereby accepts and declares that COSALINDO shall transfer the purchase price to the SELLER, if no complaint or transaction made through the platform by the BUYER within 48 (fourty eight) hours following the delivery regarding the products, specified in Article 3.
ARTICLE 5 – RETURN AND WITHDRAWAL RIGHT
BUYER shall be obliged to inspect whether the product fits the description and notify the Website of any nonconformity with the description, within the 48 (fourty eight) hours following the delivery of the product. If no notifications made by the BUYER, ,it shall be deemed that the product fits the description and the price of the product shall be transferred to the SELLER.
During the inspection made by the BUYER regarding the qualifications of the product, upon the detection of a nonconformity pursuant to the Article 5.1 and upon the notification made to the Website concerning the situation, an inspection shall be made by COSALINDO or SELLER in the delivery premise of the BUYER. If the nonconformity statement deemed as valid, the product shall be returned to the SELLER and the refund policy pursuant to Article 4.10 shall be applied comparingly.
Under any circumstances the withdrawal right shall only be applied to the products that are in unconformity with the product description and if there is a nonconformity notice made to the Website within 48 (fourty eight) hours.
Addition to the rules set out in Articles 5.1, 5.2 and 5.3, exclusively within the scope of the Article herein, if the SELLER fits the definition of seller in pursuant to Article 3(1) of the Law on the Protection of the Consumer and the contractual product is a new and / or under guarantee period, BUYER is entitled to a statutory right of withdraw, specified below;
(a) Buyer shall be entitled to a right to withdraw from the contract, without obliged to show any reason, within 14 (fourteen) days following the delivery of the product to the BUYER or the recipient. Upon using the right of withdrawal, returned products should be delivered via the shipping company specified by the SELLER. The cost and expenses arising due to the use of the withdrawal right shall be covered by the SELLER.
(b) In order to use the right to withdraw, a notification must be made via fax, telephone or email within 14 (fourteen) days and the product should comply with Article 6 of the contract herein, and eligible to be listed for sale. Upon using of the right of withdrawal
a. Invoice of the product that is delivered to a third party or the BUYER. ( if a corporate invoice is billed, this invoice must be attached to the product or it will deemed as not valid)
b. Return form,
c. Within 10 (ten) days following the notice of right of withdrawal, the product must be returned to the premise specified by the SELLER pursuant to Article 1, as whole and intact, together with the box, packaging and if there are any standard accesories. SELLER shall return all payments to the BUYER within 14 (fourteen) days following the notice of right of withdrawal.
(c) Upon the return of the product to the SELLER, the invoice billed upon the delivery must be returned as well. (to ensure consistency in accounting records) The invoice should be marked as “return invoice” and signed by the BUYER. If the return invoice is not attached to the product or not provided to the SELLER within 5 (five) days following the return of the product, the return policy will fail and the product shall be sent to the BUYER as counter-paid.
ARTICLE 6 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In the scope of the Article 5.4 of the contract herein, upon the occuring of the right of withdrawal, the BUYER shall not be able use the right of withdrawal with the products that are set out in Article 15 of the Directive on Distant Sales Contracts, which is published on the official gazette on the date of 27.11.2014.
(a) Products that the prices are changeable according to the fluctuations on the financial market beyond the control of the BUYER or SELLER.
(b) Products that have been formed upon the personal request and needs of the BUYER.
(c) Products that are perishable.
(d) Products that are not suitable fort he return due to the health and hygiene issues in case of protection tools such as packaging, stamp or tape that have been removed.
(e) Products that when compound with any other product after it’s delivery and not able to be separated by it’s nature.
(f) Products that have been provided on the tangible form such as book, digital content and computer consumables in case of protection tools such as package, stamp, tape have been removed.
(g) Apart from the subscription agreements, agreements on delivery of the periodicals such as newspapers and journals.
(h) Products that ve a specific date to be benefited such as the recreation activities, accommodation , product transportation, car leasing, food-drink supply.
(i) Spot delviery of the intangible products to the BUYER or services that have been fulfiled on the electronic platform.
(j) Products that are carrying out within the withdrawal period upon the consent of the BUYER.
ARTICLE 7 – GOVERNING JURISDICTION
Regarding the complaints and objections related to Article 5.4 contract product, the consumer is entitled to make his/her applications to District and Provincial Arbitration Committee for Consumer Problems located in either consumer’s domicile or the place where the purchase transaction is performed or Consumer Court within the boundaries of monetary limitations determined by the Ministry of Custom and Commerce in every December.