Distance Sales Contract
ARTICLE 1 - SUBJECT:
The subject of this contract covers the rights and the obligations of the parties, in accordance with the directive 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, regarding the Protection of the Consumers concerning the sales and the delivery of the product with its indicated characteristics and sales price by the SELLER to the BUYER.
ARTICLE 2 – SELLER INFORMATION:
Airbike Teknoloji A.Ş.
ARTICLE 3 – BUYER INFORMATION:
ARTICLE 4 – PRODUCT INFORMATION SUBJECT TO THE CONTRACT:
Type of Goods/Product/Service:
Sales Price (VAT included):
Person to be Delivered:
ARTICLE 5 – GENERAL PROVISIONS:
5-1 BUYER declares his confirmation as required in electronic environment regarding his knowledge of preliminary information about the sales price, the payment method and the basic characteristics of the product subject to this contract mentioned in the ARTICLE no.4 by reading them.
5-2 In case the product subject to this contract is supposed to be delivered to a person/organization other than the BUYER, the SELLER may not be held responsible of the refusal of the delivery of the person/organization to be delivered.
5-3 SELLER is responsible for the delivery of the product subject to this contract in a non-damaged and complete form and conforming to the characteristics indicated in the order, together with the user manual and the certificate of warranty, if available.
5-4 The product subject to this contract is supposed to be delivered to the BUYER or to indicated person/organization on condition not exceeding the legal 30 days period, during the period as explained for each product within the preliminary information and depending on the distance of BUYER’s place of residence.
5-5 For the delivery of the product subject to this contract, the payment of its price must be done with the payment method preferred by the BUYER and the signed copy of this contract must be already communicated to the SELLER.
5-6 In case of non-payment of the price of the product to the SELLER by the bank or financial institution due to the unfair and illegal use of the BUYER’s credit card by unauthorized people which does not result from BUYER’s mistake, the BUYER must return the product to the SELLER in 3 days on condition that it is already delivered to the BUYER.
5-7 The SELLER is obliged to inform the BUYER in case of a force majeure or adverse weather conditions which prevents the shipping or the traffic is shut and the delivery may not be done accordingly. In such cases, BUYER may exercise his right to cancel the order, to replace the product with its equivalent if available and/or to demand the postponement of the delivery until the impeding condition is disappeared. In case BUYER cancels the order, the paid amount will be returned in 10 days in cash and in once.
5-8 It is assumed that the entire scope of responsibilities as to ensuring compliance of the ordered product with legislations of the destination country, including laws, regulations and especially customs codes, and covering any potential expenses that may be required to compensate for possible contradictions is transferred to the BUYER upon completion of the order.
5-9 BUYER may inform the SELLER in case of any defective, malfunctioning or broken product sold or not with the relevant certificate of warranty for the required repairs within the terms of guarantee. The shipping costs of the returned item will belong to the BUYER and the shipping costs of the repaired/replaced product will belong to the SELLER. Products returned later than 14 business days since the delivery date to the BUYER (disregarding warranty period of the product) cannot be fully or partially refunded, only repaired or replaced.
5-10 This contract will become valid after the BUYER accepts the Terms and Conditions mentioned on the check-out page and completes his purchase, therefore the order being communicated by the system to the SELLER.
5-11 Your order may be subject to cancellation in required cases by the bank or the credit card security unit or the card holder is different and in case of inaccessibility of the credit card holder to get the relevant confirmation from the phone number registered in the system on the purpose of the security of credit card holder.
5-12 The required legal actions will be taken in case of any fraud against the responsible IP holder by making the record of this IP number and notifying the situation to the prosecution office with the accusation of fraud.
5-13 The SELLER is not responsible for delivery problems caused by incorrect/incomplete address and contact information input.
Delivery cost will be charged from BUYER in case of product returns for these reasons.
ARTICLE 6 – RIGHT OF WITHDRAWAL:
BUYER has the right of withdrawal in (14) days starting from the date of delivery of the product subject to this contract to himself or to the indicated person/organization. In order to use the right of withdrawal, BUYER is supposed to announce this situation to the SELLER by fax, e-mail or phone and the product must be unused within the scope of the provisions of the ARTICLE no.7. In case of use of this right, the return of the original invoice and the copy of the delivery receipt concerning the shipping and delivery of the product to the SELLER or to a third person is obligatory. The price of the product must be refunded to the BUYER within the 7-10 days following the delivery of the returned product that complies with all the conditions mentioned in the Terms Of Return to the SELLER. In case the returned package does not comply with the Terms Od Return, the purchase price will not be refunded and the package will be sent back to the BUYER. The courier fee of the returned product that will arise from the use of the right of withdrawal will be borne by the BUYER.
Besides, for the non-returnable products due to their characteristics, single use products, duplicable softwares and programs, spoilable or expired products, the right of withdrawal may not be used. The use of right of withdrawal for any kind of software and program, DVD, VCD, CD, tapes, computers, stationary and office supplies (toner, cartridge, band, etc.) and any kind of cosmetics, depends on their unopened, unspoiled and unused status.
ARTICLE 7 – CANCELLATION OF THE ORDER:
BUYER is obliged to inform the cancellation of the order of the product subject to this contract within 24 hours by contacting the phone numbers provided on the Contact page of the SELLER’s website. In case the product is already sent by courier, you may not execute the cancellation of your order. The right of withdrawal is valid in the claims of return.
ARTICLE 8 – AUTHORIZED COURT:
The Consumer Courts located near the place of residence of the BUYER or the SELLER and also Consumer Arbitration Boards are authorized in applying the terms of this contract until the issue is managed by the Ministry of Industry and Trade. In case the order is placed, all the terms of this contract are considered as accepted by the BUYER and the SELLER.
By virtue of the directive 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, and the Articles No.5 and 6 of this Distance Sales Contract, BUYER accepts, commits and declares his required confirmation in electronic environment and his awareness about the Preliminary Information by reading them.
I, as a Consumer have read, comprehended and accepted all the subjects and points written in the Preliminary Information Document which is composed of this (1) page and have agreed and confirmed all these subject and points.