1. PARTIES
This contract
SALES PERSON:
Title: KECI Outdoor Tekstil San. ve Tic.A.Ş.
Address: Konak Mah. 1.Badem St. Lotus Office No.26 B Block Floor.1 Office No.6 16110 Nilüfer/BURSA
Telephone:
Email info@imsai.com
MERSIS No.
(After this SALES PERSON referred to as)
with
CUSTOMER:
Name/Surname/Title
TR ID Identity, if any
No, Tax No
address
Telephone
(After this BUYER referred to as)
It was made within the framework of the following provisions.
2. SUBJECT OF CONTRACT
2.1 https://nimsai.com (hereinafter “Website (referred to as ") published at SALES PERSON, also carries out the sales and marketing of its products within its field of activity over the internet. Subject of this Agreement BUYERof SALES PERSONbelonging to From Website, in accordance with the provisions of the Law on Consumer Protection No. 6502 ("TKHK") and the Regulation on Distance Contracts No. 29188, regarding the sale and delivery of the following products ("Product/Products") ordered electronically, and SALES PERSON It is to determine the rights and obligations of the parties who have the title. This contract is in accordance with the TKHK BUYERIt is valid if the consumer is a consumer (i.e. does not purchase the products for professional and/or commercial purposes).
2.2 BUYER, SALES PERSON's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. clear, understandable and suitable for the internet environment (e-commerce) SALES PERSON He accepts and declares that he has been informed by, confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
Preliminary information, membership agreement, information text about personal data and BUYER The invoice issued upon the order placed by is an integral part of this contract.
3. CONTRACT SUBJECT PRODUCT/PAYMENT/DELIVERY INFORMATION
PRODUCT INFORMATION:
The type, quantity, quantity/grammage, sales price, payment method, delivery address, delivery person and invoice address of the Goods/Product/Service are as stated below.
*Goods/Product type:
*MOQ:
*Weight:
*Sales Price (without VAT):
Shipping cost:
Payment method:
*Delivery address:
To whom it will be delivered:
*Billing address:
3.1 The type, quantity, quantity/grammage, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as stated above.
3.2 The person to be invoiced and the person making the contract must be the same.
3.3 The information contained in this contract must be accurate and complete. BUYER agrees to fully cover any damages arising from situations where this information is inaccurate or incomplete, and also accepts all consequences and responsibilities that may arise from this situation. BUYER accepts. SALES PERSON, BUYERreserves the right to stop the order until it is sure of the authenticity of the information provided by .
3.4 SALES PERSON In cases where a problem is detected with the order BUYERFrom the telephone, e-mail and postal addresses provided by BUYERIf you cannot reach, BUYERsuspends the execution of the order until it reaches and BUYERHe expects to contact him during this period. During this period BUYERIf no response is received from or BUYER, SALES PERSONIf it doesn't reach SALES PERSON cancels the order to avoid damage to both parties.
4. CONTRACT DATE AND FORCE MAJEURE
Date of contract, BUYER The date the order was placed by …………………. It is historical.
that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and emerges SALES PERSONSituations that make it impossible for . provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.) will be considered.
SALES PERSON Force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, interruption of transportation and/or technical reasons, etc. If the product(s) subject to the distance sales contract cannot be delivered within the period due to various reasons, the situation BUYERIt is obliged to notify within 3 (three) days. In this case BUYER may exercise one of the rights to cancel the order, replace the product(s) subject to the distance sales contract with a comparable one, if any, and/or postpone the delivery time until the hindering situation disappears. BUYERIf 's cancels the order, the amount paid will be paid to it within 14 (fourteen) days.
The party where force majeure occurs will notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to unilaterally terminate this agreement.
5. RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. SALES PERSON, accepts and undertakes to fully fulfill the obligations imposed on it in the contract in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, except for force majeure.
5.2. Persons under 18 (eighteen) years of age From https://nimsai.com can't shop. SALES PERSON, BUYERIt will be taken as basis that the age stated in the contract is correct. However BUYER Because he wrote his age wrong SALES PERSONNo liability can be attributed to .
5.3. Price inaccuracies resulting from system errors and accordingly SALES PERSON Promotional, price and all other errors that may arise due to the system, design or illegal interventions on the website. SALES PERSON is not responsible. Based on system errors BUYER, SALES PERSONcannot claim rights and/or receivables from .
5.4. From https://nimsai.com You can shop with debit card, credit card (Visa, MasterCard, etc.).
5.5. The processing time for orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card or debit card account.
5.6. Payment for the product(s) subject to the distance sales contract BUYER If the payment is made by credit card or debit card, BUYER and various legal risks, including unfair and unlawful use of the credit/debit card by unauthorized persons, which may arise from the difference of the credit card owner or the person to whom the product will be delivered, BUYERIt belongs to . BUYERIn case of any damage in the mentioned cases, SALES PERSONHe accepts and undertakes that he will not make any demands from .
5.7. After delivery of the product BUYERcredit card belonging to BUYERThe product price of the relevant bank or financial institution due to unfair or unlawful use by unauthorized persons that is not due to the fault of . SALES PERSONIf he does not pay to BUYERwithin 3 days, provided that the product is delivered to SALES PERSONIt is mandatory to send it to . In this case, shipping costs BUYERIt belongs to .
6. RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. BUYER, accepts and undertakes to fully fulfill the obligations imposed on it in the contract. BUYER, accepts and undertakes that by placing an order, it is deemed to have accepted the terms of the contract and will make the payment in accordance with the payment method specified in the contract.
6.2. BUYER https://nimsai.com from website SALES PERSON's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has clear, understandable and internet-friendly information on the subject and that he confirms this preliminary information electronically.
6.3. Depending on the previous article BUYER, product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made. From https://nimsai.com He declares that he has read the order/payment/usage procedure information and given the necessary confirmation electronically.
6.4. BUYERIf it wishes to return the product it has purchased, it accepts and undertakes not to damage the product and its packaging in any way, not to have used it, and to return the original invoice and delivery note at the time of return.
7. ORDER/PAYMENT PROCEDURE
7.1. ORDER:
7.1.1 Turkish Lira amount, including VAT, of the products added to the shopping cart BUYER After it is approved by the bank, it is processed through the bank POS. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment will not be made until an Order Confirmation e-mail is sent.
7.1.2 Any disruption in the process or problems that may arise regarding the credit card BUYERis notified to , by using one or more of the telephone/fax/e-mail methods specified in the contract. If necessary BUYERHe may be asked to contact his bank.
7.1.3 Exceptionally, in case it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered. BUYER He/she is immediately informed in a clear and understandable manner, asked which of the optional rights he/she uses and if he/she gives his/her consent. BUYEROther goods of equal quality and price may be sent to . It may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated and/or the order may be canceled and a refund may be given.
7.1.4 In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract BUYER By being informed of this situation, the total price paid and any documents that put him in debt, if any, will be returned to him within ten days at the latest and the contract will be cancelled. In such a situation BUYERof SALES PERSONThere will be no claim for any additional material or moral damage from .
7.2. PAYMENT:
7.2.1 https://nimsai.com who do not want to use credit card information on the internet in BUYEROrdering opportunities with iyzico were offered to customers. If iyzico payment methods are used, the payment will be made within the scope of iyzico payment methods.
7.2.2 After delivery of the product BUYERcredit card belonging to BUYERThe product price of the relevant bank or financial institution due to unfair or unlawful use by unauthorized persons, not resulting from the fault of . SALES PERSONIf he does not pay to BUYERThe product delivered to him is delivered to him within 10 days, in the same condition as it was delivered to him, in an unused condition. SALES PERSONIt is mandatory to send it to . In such cases, transportation costs BUYERIt belongs to .
7.2.3 BUYER If you prefer to pay by credit card BUYER, will also confirm the relevant interest rates and information regarding default interest from its bank, and that in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest will be made available to the Bank and BUYER accepts, declares and undertakes that it will be implemented within the scope of the "Credit Card Agreement" between.
8. SHIPPING/DELIVERY PROCEDURE
8.1. SHIPMENT:
The product/products are sent upon sending of the order confirmation e-mail. SALES PERSONIt is given to the contracted cargo company of .
8.2. DELIVERY:
Delivery address:…..
To whom it will be delivered:…..
Shipping Fee:….. TL,
8.2.1. The shipping price is added to the order total amount and BUYER It is paid by. It is not included in the product price. SALES PERSON All or part of the shipping fee, depending on the campaigns it runs at the time of sale and/or the terms of which are announced on the website. BUYERIt may not reflect on . SALES PERSON reserves the right to change the procedures and methods applied for shipping fees in the future.
8.2.2. Product/products SALES PERSONwith contracted cargo BUYER It will be delivered to the address of. Legally, the delivery time is 30 days from the sending of the Order confirmation e-mail and the establishment of the contract. BUYERThis period may be extended for a maximum of ten days, provided that . is notified in advance in writing or via a permanent data carrier. Your orders will be delivered to our contracted cargo company within 3 (three) business days after we send the order confirmation e-mail and the contract is established, and your order will be delivered as soon as possible, although it may vary depending on your city. Products are sent to regions where cargo companies do not deliver to the address, with telephone notification.
8.2.3. In regions where the Cargo Company delivers once a week, there may be a delay in the specified day period in cases such as inaccuracies and omissions in the shipping information, some social events and natural disasters. Because of these sags BUYER, SALES PERSONcannot impose any liability on .
8.2.4. Product, BUYERIf it is to be delivered to a person/organization other than , the person/organization to be delivered may not accept the delivery, error in the shipping information and/or BUYERExtra shipping costs that may arise from not being in place SALES PERSON is not responsible. Delivery problems if the product/products do not reach the customer within the specified days. SALES PERSONIt should be reported immediately to .
8.2.5. In case of damaged package; Damaged packages should not be accepted and a report should be made to the Cargo Company official. If the Cargo Company representative is of the opinion that the package is not damaged, he/she has the right to have the package opened there and check that the products have been delivered undamaged and to request that the situation be determined with a report. BUYERThere is also. Package BUYER Upon receipt by the Cargo Company, it is deemed that the Cargo Company has fulfilled its duty fully. If the package is not accepted and a report is kept, the situation is BUYERas soon as possible with the remaining copy in SALES PERSON It should be reported to Customer Service.
9. PROCEDURE FOR PRODUCT RETURN AND RIGHT OF WITHDRAWAL
9.1. PRODUCT RETURN:
9.1.1 BUYER has the right to withdraw from the contract within fourteen days after receiving the goods, without giving any reason and without paying any penalty.
9.1.2 Exceptions to the right of withdrawal are explained in Article 15 of the Distance Contracts Regulation. In accordance with paragraphs (c) and (d) of the relevant article, contracts for the delivery of goods that are perishable or may expire, and goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; The consumer cannot exercise his right of withdrawal in contracts regarding the delivery of goods that are not suitable for return in terms of health and hygiene.
9.1.3 Due to the structure and natural state of the products we sell, the relevant products are within the scope of goods that can quickly deteriorate or expire and goods that are not suitable for return in terms of health and hygiene. BUYER does not have the right of withdrawal.
9.1.4 Unpackaged or unused products or SALES PERSON For products that are accepted within the scope of the right of withdrawal as a result of the control carried out by; In order to carry out refund transactions in accordance with the Tax Procedure Law General Communiqué No. 385 BUYERdelivered with the goods SALES PERSONAfter completing the return sections at the bottom of the 2 invoices completely and correctly, signing them and sending a copy along with the product. SALES PERSONHe must send it to and keep the other copy. Right of withdrawal period BUYERIt starts from the day the goods are delivered to . The return shipping cost of the returned product or products will be charged without additional charges. SALES PERSON It is covered by.
BUYERThere is no right of withdrawal for goods prepared in line with 's wishes and/or his personal needs. BUYERIf 's right of withdrawal is exercised SALES PERSON, will return the total price received and any documents that put the consumer in debt, if any, within ten days from the date of receipt of the invoice containing the withdrawal notification together with the product, without incurring any costs to the consumer.
9.1.5 For product returns, the return request must first be submitted to customer service or SALES PERSONIt should be forwarded to the communication channels of . Product return information SALES PERSON by BUYERIt is forwarded to . After this communication, the product; together with the invoice containing information regarding the return. BUYERThrough the cargo company that delivers to the address of SALES PERSONIt should be delivered to . SALES PERSONThe returned product arriving at is considered a return if it meets the conditions specified in this agreement, and the return payment is BUYER is made to your credit card/account. Product SALES PERSONThe price will not be refunded unless it is returned to . The time period for refunds made to the Credit Card to be reflected in the credit card accounts is at the discretion of the relevant bank.
9.1.6 If the purchase was made by credit card and in installments, the credit card refund procedure will be applied as follows: BUYER If the Bank has submitted its request to purchase the product in how many installments? BUYERIt makes its repayment to in this number of installments. SALES PERSONAfter paying the entire product price to the bank at once, installment expenditures made through bank POS BUYERIn case of refund to the credit card, the requested refund amounts are transferred to the holder party accounts by the Bank in installments, in order to prevent the parties involved in the matter from being victimized. BUYERIf the installment amounts paid by . BUYER After the installments of the sale are completed, the installments he/she paid before the return will be received for an additional month equal to the number of installments he/she paid before the return and will be deducted from his/her current debts.
In case of return of goods and services purchased by card SALES PERSONIn accordance with the agreement made with the bank BUYERCannot pay with cash. member workplace SALES PERSONIn case of a refund, it will make the refund through the relevant software and the member workplace, i.e. SALES PERSON Since it is obliged to pay the relevant amount to the bank in cash or on account, in accordance with the procedure detailed above. BUYERPayment cannot be made in cash. Refund to credit card, BUYERAfter 's payment to the Bank in one lump sum, the payment will be made by the Bank in accordance with the above procedure.
GUARANTEE
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against all kinds of manufacturing defects, under the conditions specified below. Since the product sold by us is suitable for consumption, there is no additional warranty. SALES PERSON's warranty liability is only valid for consumers falling within the scope of law no. 6502. For commercial works, the provisions of the Turkish Commercial Code will apply.
10. PRIVACY
BUYERAll personal data belonging to and included in this distance sales agreement may be used for the purpose of providing the service, creating customer accounts, carrying out quality monitoring procedures, carrying out post-service transactions such as returns and withdrawals, and improving our services.
BUYER Your card information is not seen or recorded by us in online transactions carried out directly by banks and similar card institutions. Credit Card information is only used to obtain authorization by being transmitted securely to the relevant banks during the collection process and is deleted from the system after the provision.
BUYER for the purpose of making payment with the information specified in this agreement. SALES PERSONInformation reported to SALES PERSON It will not be shared with third parties.
BUYERInformation such as e-mail address, postal address and telephone number of . SALES PERSON It is used by for standard product delivery and information procedures. This information is required solely for the purpose of delivering the purchased product to you.
BUYERof SALES PERSON In case of contact with , contact information and details may be processed to meet the requirements of complaints and requests and to carry out these processes and to create customer portfolios.
In some periods, commercial electronic messages such as campaign information, information about new products, promotional information BUYERIt can be sent to after approval.
SALES PERSON BUYERIt will share the name, surname, address and telephone information of 's name, address and telephone information with the relevant cargo service provider companies in order to deliver the orders.
SALES PERSON may disclose this information only to relevant public institutions and organizations within the scope of its legal obligation or legal obligation. Within the scope of any judicial investigation with documented investigative capacity SALES PERSON If he/she has the requested information, he/she can provide it to the relevant authority.
11. COMPETENT COURTS AND ENFORCEMENT OFFICES IN CASE OF DISPUTE
In case of a dispute arising from the implementation of this agreement, SALES PERSON recordings (including recordings on magnetic media such as computers and voice recordings) constitute conclusive evidence.
Without prejudice to the relevant provisions, this Agreement is valid until the parties fulfill their payment/delivery obligations.
with Consumer Arbitration Committees up to the value declared by the Ministry of Commerce in December every year. SALES PERSONConsumer Courts in the place of residence of , are authorized.
Upon confirmation of the order BUYER is deemed to have accepted all the terms of this agreement.
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