Distance Sales Agreement
Article 1. Parties of the Agreement
UMUM DİZEL OTOMOTİV DERİNKUYU SU POMPALARI İMALAT VE DÖKÜM SANAYİ TİC. LTD. ŞTİ. | Umum Diesel (www.umumdiesel.com)
Fevziçakmak Mahallesi,10758 Sk No:6A,Karatay/Konya/Turkey
+90 332 236 21 89
* Person or legal entity who registered to www.umumdiesel.com online web shop as member. Membership information at the time of registration is used.
Article 2. Subject of the Agreement
The subject of this Agreement consists of setting forth and determining the respective rights and obligations of the Parties with respect to the sales and delivery of the products ordered by the Buyer from over the web site www.umumdiesel.com belonging to the Seller on the electronic media, with characteristics referred to in the Agreement and the selling price specified in the Agreement as well, pursuant to Law No. 6502 on Consumer Protection and law No. 29188 regarding Regulation On Distance Contracts. Preliminary notification form and the invoice appearing on the web site www.umumdiesel.com are integral parts of this Agreement.
Article 3. Date of the Agreement
These two copies of the Agreement signed by the Seller previously is undersigned and accepted by the Buyer on …/…/…
Article 4. The Specifications of the Products Subject to This Agreement
4.1. The basic specifications of the products are contained at web site www.umumdiesel.com which belongs to seller.
4.2. The specifications of the products subject to sales consist of type of the goods / brand name / model / quantity/ price and total price including all delivery costs such as taxes, cargo costs displayed at order steps. These information are the same as an invoice as indicated an integral part of hereby this agreement.
Article 5. Sales Prices of the Products
5.1. The prices listed and advertised at web site www.umumdiesel.com belongs to seller are the selling prices of the products. The advertised prices and promises are valid until updated and modified. The prices announced as timely basis will remain valid until the end of the declared period.
5.2. The selling price of products subject to the agreement is included into the pro-forma invoice e-mailed to the buyer after the order and the invoice sent to the buyer together with the products.
5.3. In case of incorrect price advertised or price discrepancy due to being late for updating the prices because of supplier, the price which seller informs buyer will be the valid price. In case of mistake, if the excess of the cost of the product is paid, the difference is refunded. If the actual price of the product is different from the decreased price, the actual price is reported to the buyer. The buyer has right to proceed with the order from actual price or cancel the order.
Article 6. Payment Methods
The payments can be done with Credit Card, debit cards or wire transfer.
Article 7. The Delivery Time of the Products
Delivery is made within shortest possible notice if the stocks are available and after full payment is made. The Seller delivers the products within 30 (thirty) days from the date of ordering, and keeps reserved its right to extend the aforesaid duration for additional 10 (ten) days by serving a notice in writing to that effect. The delivery might be delayed because of the circumstances beyond the control of the seller like natural disasters, weather conditions etc. If the seller cannot deliver the products the buyer within legal delivery period, the buyer keeps their rights to cancel the agreement.
Article 8. Delivery of the Products
8.1. The delivery of the order is done to the buyer themselves at the address which they specified. If the buyer wishes to make delivery to another person / organization other than himself / herself, he / she shall be delivered in the direction of this request.
8.2. The delivery of the products ordered must be confirmed by the Purchaser in electronic form and the total price of the sale must be paid. If for any reason the payment of the order is not paid or is cancelled in the bank's registry, the Seller shall be deemed to be free from the obligation to deliver the products.
8.3. Delivery of the products is carried out by cargo companies. If the cargo company makes late delivery or cannot make the delivery due to the problems encountered during delivery, the seller cannot be held responsible.
8.4. In case the buyer directed the delivery to another person or organization other than himself / herself; the seller cannot be held responsible for the rejection of delivery.
Article 9. Delivery Expenses
Delivery expenses are on account of the buyer. If the Seller has announced on its web site that the delivery charge for those making shopping in excess of the amount announced are to be borne by itself or free of charge deliveries shall be made under the campaign, then any delivery expense is on account of the Seller.
Article 10. Presentations and Warranties of the Buyer
10.1. The buyer acknowledges and understands that the basic characteristics of the products subject to this agreement including sales price, payment methods, delivery and cargo expenses, the amount paid by the buyer, the delivery time, read and electronically confirmed the preliminary notification form issued by the seller including seller’s full commercial title, address and contact information.
10.2. By electronically confirming the preliminary notification form the buyer acknowledge and understands that the necessary information - the seller’s full commercial title, address, contact information, basic characteristics of the products, sales price, payment methods, delivery and cargo expenses - must be given to the buyer by the seller prior to the execution of the distance sales contract is fully provided.
10.3. The buyer acknowledges and understands that in order to get the products subject to this agreement they must confirm this agreement electronically, If for any reason the payment of the order is not paid or is cancelled in the bank's registry, the Seller shall be deemed to be free from the obligation to deliver the products.
10.4. The buyer acknowledges and understands that if they receive the delivery without checking the package if it is crushed, broken, package torn etc. damaged and defective products from cargo company, they have the full responsibility. It shall be deemed that any products taken on delivery are without any damage and in good condition. The liability of the products and damage belongs to the buyer after delivery.
10.5. The buyer agrees and undertakes that they are the authorised owner or user of the card by using credit card or debit card to make a payment for an order and agrees and undertakes the legal liability arising from of use of this credit or debit card is belongs to themselves.
10.6. If the bank or financial institution refrains from paying for the order because of buyer’s credit card is used by unauthorised parties or illegally, the buyer must return back the products to the seller within 3 (three) days, provided they were already delivered to their side. In this case the delivery costs are on account of the buyer. In case of the payment cannot be charged from credit card with any reason or the payment being withdrawn and if the buyer does not return back the products, the buyer agrees and undertakes to make the payment for the products to the seller without any notice.
Article 11. Presentations and Warranties of the Seller
11.1. The seller is responsible from delivery of the products subject to the agreement in perfect and full operating condition with warranty certificates and installing instructions if possible.
11.2. If the Seller considers that the execution of the delivery of the products is rendered impossible, then it notifies the Buyer before expiry of the term for execution. Any charge paid as well as documents, if any, are returned within 14 (fourteen) days.
11.3. If the seller is not able to deliver the order for compelling reasons or acts of God, the seller is responsible to notify the buyer. In such situation, the buyer has right to cancel the order or wait for the situation which prevents the delivery is over. In case of cancellation of the order, the buyer gets their refund within 14 days. In case of credit cards, the buyer shall receive its payment within 7 days after order is cancelled. After the refund is made, the seller cannot make any adjustment in the system and credit card companies may reflect the refunded amount in 2 to 3 weeks.
11.4. The products that are defective or damaged among being sold with or without guarantee certificate can be sent to seller for necessary repair, in this case the delivery expenses shall be covered by the seller.
Article 12. Right to Withdraw
12.1. The buyer has right to withdrawal within 14 days from the date of delivery of the products. In case of distance agreement for service provision, this period begins with the date of the agreement is signed. If the contract has been agreed that the performance of the service should be made before the expiration of 14 days period, the buyer may use his right of withdrawal until the beginning of the performance of the service. However, the buyer cannot withdraw the products which are prepared special for the buyer, offered for sale by special supply, imported and offered for sale and campaign and promotional products; the buyer realizes the shopping by accepting these conditions.
12.2. For being entitled to use the right of withdrawal, the seller must be notified by buyer by using the above mentioned telephone or e-mail within 14 days and the product has not been used under the provisions of article 13 of this agreement and the packing and the product must not be damaged which stated at preliminary notification for which is an integral part of this agreement and must be in the condition of resale by the seller.
12.3. In case of using the right of withdraw.
12.3.1. When the product is returned to the seller, the original invoice submitted to the buyer or 3. person or organization during delivery must be returned. The invoice must be returned together with the product or within latest 5 days from the date of returning the products and it must be signed by buyer and written “return invoice” on it. If original invoice does not returned, VAT and other legal obligations cannot be refunded.
12.3.2. In case the buyer is a company or legal entity, they must prepare a returning invoice and send together with the product. The return process will not be completed without return invoice prepared.
12.3.3. The buyer sends back the products to the seller within 10 days after using the right of withdrawal.
12.3.4. The product subject to the right of withdrawal must be returned as complete and undamaged with its packing, standard accessories, if any gifts that are included with the product.
12.3.5. The seller shall not be responsible for return shipping costs and any possible damage to be incurred during the transportation. The buyer shall also be responsible for return shipping costs if the right of withdrawal is used at the period between order confirmations to delivery of the order.
12.3.6. The seller refunds the buyer via the original payment method within 14 days after the right of withdrawal is used.
Article 13. Products for Which Right of Withdrawal is not Applicable
13.1. If the buyer intent to return the product outside of the time frame stated in article 12.1.
13.2. The returns without informing and getting authorisation of the seller.
13.3. If the product is assembled or used, internal and external package damaged and if the product is in such a condition not to be sold again.
Article 14. Event of Default and its Legal Consequences
In the event the Buyer is at default in the transactions made by credit card, it shall be paying interest within scope of the credit card agreement it has made and entered into with the bank, and be held responsible towards the bank. Under these circumstances, the relevant bank is entitled to seek recourse in legal channels; might claim from the Buyer any expenses to arise as well as the Attorneys’ Fees, and in any case, if the Buyer is in default on grounds of its debts, the Buyer agrees to pay the loss and damage suffered by the Seller due to delayed execution of the debt.
Article 16. Competent Court
In settlement of any disputes that might arise from this Agreement, Consumer Arbitration Committees have competent jurisdiction up to such value announced by the Ministry of Industry and Commerce, Consumer Courts for values over the specified amount, and at places where these are not available, Civil Courts of First Instance are competent.
As of the 16 (sixteen) clause onwards, this hereby distance sales agreement, will enter into force as from the moment the Member has read and acknowledged each provision in full and approved it in the electronic environment on …/…/…