This purchase is governed by the Standard Conditions of Sale for Consumer Online Purchases given below. Here by "consumer purchases" is meant the sale of goods to consumers who do not primarily act for commercial purposes and where the seller acts for commercial purposes by selling goods over the internet. Consumer purchases made over the Internet are primarily regulated by the Contract Act, the Consumer Purchase Act, the Marketing Control Act, the Cancellation Act, and the E-Commerce Act, which provide mandatory rights to consumers. The provisions of the contract should not be understood as the limitation of legal rights, rather they reveal the most important rights and obligations of the parties regarding the purchase. The Seller may choose to offer the buyer better conditions than those set forth in these Terms of Sale.
Where the contract does not provide a direct solution to an issue, relevant legal provisions should be added to the contract.
1. CONTRACT A contract between a buyer and seller consists of purchase-related information provided by the seller in the order section of the online store (including, for example, information about the nature, quantity, quality, other characteristics, price and conditions of the product). delivery), any direct correspondence between the parties (such as email) and these Terms of Sale. In case of conflict between the purchase-related information provided by the seller in the order section of the online store, direct correspondence between the parties and the conditions specified in the conditions of sale, direct correspondence between the parties and the information provided. The sales conditions in the order section will be taken as basis. However, if the information or correspondence provided by the seller contains conditions contrary to the binding legislation, the terms of sale shall prevail.
2. PARTIES SELLER Company name: Romtek Export Dayınıklı Tüketim Malları Gıda San ve Dış Tic. LTD. STI. Contact info: E-mail: Romtek.firstname.lastname@example.org Phone number: 0(276) 502 48 64 Company registration number: 789 056 1747 The BUYER is the person who places the order.
3. PRICES All prices in the webshop are displayed in TL, CAD, DKK, EUR, GBP, NOK, SEK or USD, including VAT. Shipping costs are excluded. Prices are subject to change without notice if the VAT rate, taxes and/or other taxes change. No extra import taxes will be charged by your country as all customs fees and handling are prepaid by Romtek Export.
4. INTRODUCTION TO THE AGREEMENT
A soon as the seller receives the buyer's order, the contract is binding on both parties.
However, one of the parties is not bound by the contract if spelling or typological errors have occurred in the offer made by the seller in the order section of the online store or in the buyer's order, and the other party has noticed or understood that error.
5. PAYMENT Depending on the recipient's country of residence, we provide payments through. The seller may charge the buyer for the products as soon as they are shipped from the seller to the buyer. If the buyer uses a credit or debit card to make the payment, the seller can keep the money on the card for the order for up to four days from the date the order was placed. When paying by credit card, the Credit Sales Act will apply. If the seller offers post-delivery invoicing, an invoice is issued when the goods are shipped. The due date will be set at least 14 days from the date the buyer receives the delivery. If the seller needs to request an advance payment from the buyer, such as for goods to be manufactured or adapted for the buyer, the seller may do so. Buyers under the age of 18 can only pay in cash on delivery, directly or by mail, when the seller delivers the products. The information used is name, address, email address, phone number, payment history and order information such as payment method, shipping type, order details and so on.
6. DELIVERY The delivery of the products from the seller to the buyer takes place as specified in the order section of the online store, at the place and at the time. If the delivery time is not specified in the order section, the seller will deliver the goods to the buyer within a reasonable time, no later than 45 days after the order has been placed by the customer. If the seller is to arrange for the goods to be shipped to the buyer, he must have the goods shipped to the destination in an appropriate manner and under normal conditions for such transport. The destination remains with the buyer unless other special agreements are made between the parties.
6.1 FEES FOR NON-REQUESTED PACKAGES For all unclaimed packages, all fees associated with shipping and returning will be charged to the Customer. We reserve the right to charge the cost of handling (return shipping, shipping fee, etc.) incurred when a package is not claimed. Customer who refuses to accept a submitted order for any reason will be charged all shipping and return related fees. The remaining amount of the order will be credited to the Customer's bank account.
7. PROPERTY RISKS As per the contract, the product risk passes to the buyer as soon as the product is received by the buyer. If the buyer neglects to take delivery of a product that is at his disposal according to the contract, the risk of loss or damage arising from the characteristics of the product still lies with the buyer.
8. RIGHT OF CANCELLATION The Buyer may change the contract in accordance with the provisions of the Cancellation Law and exercise its right to terminate the contract. The right of withdrawal means that the buyer can return a product to the seller without giving any reason, even if it is not defective and has not yet been delivered. The buyer must notify the seller within 14 days of receiving the product, written information about the right and the withdrawal period form that he will use this right. If the buyer receives the withdrawal period form and necessary information later than the delivery date of the product, the withdrawal period will begin on the day the withdrawal period form and information are received by the buyer. If the buyer has not received sufficient information or the withdrawal period form, the withdrawal period will expire three months after receipt of the product. If the buyer has not been informed about the right of withdrawal, this period will be one year.
For certification reasons, information on the use of the buyer-to-seller right of withdrawal must be in writing (cancellation time form, e-mail, fax or letter) and must include information on how the buyer will return the product. products to the seller. If the right of withdrawal is exercised, the products must be returned to the seller within a reasonable time. The seller has to reimburse the entire purchase price of the products within 14 days from the date of receipt of the goods or receipt of the order or the products being placed at the disposal of the seller. Although the seller requires the buyer to pay the costs of returning the products, the seller may not set a fee for the customer to exercise his right of cancellation. If the purchase of this item includes one or more additional items free of charge, the buyer is not entitled to cancel parts of the purchase. In purchases where one or more products are included free of charge, all products in this product purchase must be returned to the seller in case the right of withdrawal is exercised. The buyer can check the products before canceling the purchase. However, the products must be deliverable to the seller in approximately the same condition and quantity as the condition and quantity at the time of receipt by the buyer. The buyer should, if possible, return the goods to the seller in the original packaging. All tags intact, odorless or animal hair free. The Buyer may not cancel the purchase of perishable, non-refundable audio or video recordings (including CDs and DVDs) or computer software whose seal has been damaged. The second exception is valid only if the seller clearly states on the seal the conditions for the termination of the right of cancellation. Non-refundable at any time: perishables, underwear, jewellery, pierced earrings, hair accessories and any item marked Final Sale.
8.1 COLOR VARIETY We cannot guarantee that the colors displayed in the Web Store reflect their actual colors. Colors can be reflected in different ways, for example, depending on your computer or phone screen, graphics card, and computer settings.
9. TIME LIMITATION FOR REPORTING CLAIMS OF DEFECTS AND DELAYS
If the product is defective, the buyer must notify the seller within a reasonable time that he wishes to claim the defect. The time limit for this can never be less than two months from the moment the consumer discovers the defect.
However, the claim must be made within two years from the date on which the buyer took over the goods. If the product or parts of it are intended to last significantly longer, the time limit for claiming will be five years.
In case of delay, a claim must be made from the seller within a reasonable time after the specified delivery time has been reached and the product has not been delivered.
If products are paid for by credit card, the buyer can also choose to submit a claim directly to the credit card issuer (credit card company). Depending on the type of product and whether it is applicable.
Notice to the vendor or lender must be in writing (email or letter).
10. BUYER'S RIGHTS REGARDING DELAYS If the seller does not deliver the goods or delivers them after the time agreed between the parties, and this is not due to the buyer or the circumstances on the buyer's part, the buyer delays the amount payable, demands the performance of the contract, in accordance with the regulations listed in Section 5 of the Consumer's Purchases Act and, as the case may be, terminates and demands compensation from the seller. Fulfillment: If the seller does not deliver the goods at the specified delivery time, the buyer may stick to the purchase and may set a reasonable additional time for the seller to fulfill it. However, the buyer may not claim performance if there is an obstacle to performance that the seller cannot overcome, or if the performance is so great a disadvantage or cost to the seller that the performance is substantially disproportionate to the buyer's interest in fulfilling the seller's obligations. If these difficulties disappear within a reasonable time, the consumer may demand their fulfillment. Termination: If the delay is significant or the seller does not deliver the products within the additional performance period determined by the buyer, the buyer may terminate the contract with the seller. However, the buyer cannot terminate the contract before the additional period expires, unless the seller declares that he will not fulfill it within this period. Compensation: In addition, the buyer may demand compensation for the losses incurred due to the delay caused by the seller; cf. Section 24 of the Consumer Purchase Act. The buyer must notify the seller of any claim; cf. Article 9 of this contract.
11. BUYER'S RIGHTS REGARDING DEFECTS If the product is defective and this is not the buyer's fault, or due to circumstances on the buyer's side, the buyer may withhold payment, subject to the terms and conditions, in accordance with the regulations of Section 6 of the Consumer Purchases Act, between correction and re-delivery, requesting a discount, requesting termination of contract, and claiming compensation from the seller. . Correction or re-delivery: If the product is defective, the buyer may ask the seller to correct the error or re-deliver an equivalent product. The seller may object to the buyer's claim if the condition is impossible to fulfill or if it involves unreasonable costs for the seller. Seller will complete the correction or re-delivery within a reasonable time. Correction or re-delivery will be made at no expense to the buyer, without the risk of being unable to reimburse the buyer's expenses, and without significant inconvenience to the buyer. Seller may not attempt to correct or re-deliver the same defect more than twice, unless there are specific reasons that justify further attempts. Even if the buyer does not request correction or redelivery, the seller may offer correction or redelivery if done without delay. If the seller provides such correction or re-delivery, the buyer cannot claim the discount or the termination of the contract. Discount: If the defect is not corrected or re-delivered, the buyer may request a proportional discount. Termination: Instead of discount, the Buyer may terminate the contract except for minor faults. Compensation: The Buyer may also claim compensation for financial losses incurred due to product defect; cf. Section 33 of the Consumer Purchase Act. The buyer must present any claim to the seller; cf. Article 9 of this contract. The claims regulations apply in addition to and independently of the regulations regarding the right of withdrawal and the guarantees given by the seller.
12. SELLER'S RIGHTS IN BUYER'S BREACH OF CONTRACT
If the buyer fails to pay or otherwise fulfill his contractual obligations, and this is not the seller's fault or the seller's circumstances, the seller will comply with the regulations and circumstances in Section 9 of the Consumer Purchases Law, withholding the product, demanding the performance of the contract.
Depending on the circumstances, the seller may also charge interest, collection fees and fees for non-prepaid, uncollected goods in case of late payment.
Fulfillment: If the buyer does not pay, the seller may stick to the purchase and demand that the buyer pay the price (fulfillment). If the product is not delivered, the seller forfeits his right if he waits for an unreasonable amount of time to file a claim.
Termination: In case of a material non-payment breach or any other material breach by the Buyer, the Seller may terminate the contract. However, the seller cannot terminate the contract after payment has been made. If the buyer fails to pay within a reasonable additional due date for performance set by the seller, the seller may terminate the purchase. However, the seller cannot finalize the purchase before the additional due date unless the buyer indicates that he will not pay. Compensation: The seller may demand compensation from the buyer for financial losses incurred by the buyer due to the breach of contract; cf. Section 46 of the Consumer Purchases Act. Interest on delayed payment/collection fee: If the Buyer does not pay the amount specified in the contract, the Seller may apply interest in accordance with the Law on Interest on Undue Payments. In cases where the payment is not made, the debt may be sent to collection after the warning and the buyer may be held responsible for the fees according to the Law on Debt Collection and Collection of Other Debts. Fees for uncollected, non-prepaid products: If the buyer is unable to collect the unpaid products, the seller may charge the buyer a fee plus return shipping. The fee will at most cover the actual costs incurred by the seller in delivering the goods to the buyer. No such fee may be charged to buyers under the age of 18.
13. WARRANTY Warranties given by the seller or the manufacturer give the buyer additional rights beyond the statutory rights. Therefore, a warranty does not place any limitation on the buyer's right to claim or make claims in the event of delay or defect pursuant to points 10 and 11. 14. PERSONAL INFORMATION Unless the buyer agrees otherwise, the seller may receive and store only the personal data necessary for the performance of his duties according to the contract. Personal data of buyers under the age of 15 cannot be obtained without the consent of the seller's parents or guardians. The buyer's personal data will be given to others only if necessary for the seller to fulfill the contract with the buyer or where required by law. The seller may obtain the buyer's national identification number only if there is a genuine need for secure identification and such acquisition is necessary. If the seller wishes to use the buyer's personal data for other purposes beyond what is necessary to fulfill the contract, such as sending advertisements or information to the buyer, it must obtain consent from the buyer upon conclusion of the contract. The seller must inform the buyer how the personal data will be used and who will use it. , The recipient's consent must be voluntary and actively given, for example by ticking a box. If the buyer has questions about the seller's use of personal data or wants the seller to delete or change the personal data, it will be easy for the seller to contact the seller, for example, by phone or e-mail.
15. CONFLICT RESOLUTION The parties will try to settle disputes amicably. If an amicable solution cannot be reached after the mediation of the Consumer Council, the parties may request in writing from the Consumer Council to submit the dispute to the Consumer Dispute Commission. Decisions made by the Consumer Disputes Commission are legally valid for four weeks from the date of notification. Before the decision becomes legally valid, the parties can bring the decision to the District Court by sending a summons to the Consumer Disputes Commission.