Distance Sale Contract
Terms and Conditions Privacy Policy
Article 1- Parties
1.1. Seller
Firm Title:
Askon Demir Çelik Sanayi ve Ticaret A.Ş.
Address:
Hacıeyüplü Mahallesi Akça Caddesi No: 149
Merkezefendi 20050 / Denizli
Telephone:
+90 258 371 76 97
E-mail
address: info@wallartistanbul.com
Product
return address: Wall Art İstanbul - Hacıeyüplü Mahallesi Akça Caddesi No:
149 Merkezefendi 20050 / Denizli
1.2. Consignee
Name -
Surname / ID Card No
Address
Telephone
E-mail
Article 2- Subject
The subject
of this contract is the Law No. 4077 on the Protection of Consumers regarding
the sale and delivery of the product whose qualifications and sales price are
specified below, where the BUYER makes an electronic order (e-commerce) from
the SELLER's website http://www.wallartistanbul.com and the determination of
the rights and obligations of the parties in accordance with the provisions of
the Regulation on Distance Contracts.
Buyer,
seller's name, title, full address, telephone and other access information,
basic characteristics of the goods for sale, sales price including taxes,
payment method, delivery conditions and costs, etc. pre-notification conditions
about the goods subject to sale and the use of the "withdrawal" right
and how to use this right, official authorities etc. where they can submit
their complaints and objections. It accepts and declares in accordance with the
provisions of this contract that it is clearly, understandable and informed by
the seller in accordance with the internet environment (www.wallartistanbul.com),
confirms this preliminary information electronically and then orders the goods.
The
pre-notification conditions on the site https://www.wallartistanbul.com and the
invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Contractual Product / Payment / Delivery Information
The type and
type, quantity, brand/model, sales price, payment method, delivery person,
delivery address, invoice information, shipping fee of the product/products
purchased electronically are as follows. The person to be invoiced and the
person making the contract must be the same. The information below must be
correct and complete. The buyer agrees to fully compensate for the damages that
may arise from situations where this information is incorrect or incomplete. In
addition, the buyer accepts any responsibility that may arise from this
situation.
The SELLER
reserves the right to suspend the order in cases it deems necessary when the
information given by the BUYER does not match the truth. In cases where the
SELLER detects a problem in the order, if the BUYER cannot reach the BUYER from
the phone, e-mail and postal addresses given by the BUYER, it holds the
execution of the order for 15 (fifteen) days. The BUYER is expected to communicate
with the SELLER regarding the issue during this period. If no reply is received
from the BUYER within this period, the SELLER cancels the order in order to
prevent damage to both parties.
Received
Product / Products
Payment
Method: Credit Card / Bank Transfer (EFT) / Cash on Delivery
Person to be
Delivered:
Phone number:
Article 4- Contract Date and Force
Majeure
The contract
date is the date on which the order was placed by the buyer ../../…. is
history.
Situations
that do not exist or are not foreseen at the time of signing the contract, that
develops outside the control of the parties, which make it impossible for one
or both of the parties to fulfill their obligations and responsibilities
imposed by the contract, or to fulfill them on time, force majeure (natural
disaster, war, terrorism, uprising, changing legislative provisions, seizure or
stroke, lockout, significant malfunction in production and communication
facilities, etc.). The party taking place in the person of force majeure will
notify the other party immediately and in writing.
During the
continuation of the force majeure, the parties will not have any
responsibilities due to their failure to fulfill their actions. If this force
majeure situation continues for 30 (thirty) days, each party will have the
right to terminate unilaterally.
Article 5- Rights and Obligations of the
Seller
5.1. The
seller agrees and undertakes to fulfill the obligations imposed on him in the
contract in accordance with the provisions of the Law on the Protection of
Consumers No. 4077 and the Regulation on Distance Contracts, except for force
majeure.
5.2. Persons
under the age of 18 (eighteen) cannot shop at www.wallartistanbul.com. The
seller will be based on the correct age specified by the buyer in the contract.
However, the seller will not be liable in any way due to the wrong age of the
buyer.
5.2.
www.wallartistanbul.com is not responsible for price inaccuracies caused by
system errors. Accordingly, the seller is not responsible for the promotional
or price errors that may arise from the system, design, or illegal
interventions to the website. The buyer cannot claim rights from the seller
based on system errors.
5.3. You can
shop on www.wallartistanbul.com by credit card (Visa, MasterCard, etc.), cash
on delivery, or bank transfer. Orders that are not transferred within 3 (three)
business days from the order date will be canceled. The processing time of the
orders is not the moment when the order is placed, but the moment when the
necessary collection is made from the credit card account or the transfer (EFT)
reaches the bank accounts.
Article 6- Rights and Obligations of the
Buyer
6.1. The
buyer accepts and undertakes to fulfill the actions imposed on him in the
contract, except for force majeure.
6.2. The
buyer accepts and undertakes that he/she accepts the terms of the employment
contract and will make the payment in accordance with the payment method
specified in the contract.
6.3. The
Buyer must obtain the name, title, full address, telephone, and other access
information of the seller from the website www.wallartistanbul.com, the basic
characteristics of the goods subject to sale, the 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
"withdrawal" right and how to use this right, official authorities,
etc. where they can submit their complaints and objections. It accepts and
declares that it has clear, understandable, and appropriate information about
the internet environment and confirms this preliminary information
electronically.
6.4.
Depending on the previous article, the Buyer declares that he has read the
order/payment/usage procedure information on www.wallartistanbul.com, which
includes product order and payment conditions, product usage instructions,
precautions against possible situations, and warnings, and gives the necessary
confirmation electronically.
6.5. If the
buyer wishes to return the product he received, he/she agrees and undertakes
not to damage the product and its packaging in any way, and to return the
original invoice and delivery note at the time of return.
Article 7- Order / Payment Procedure
Order:
The amount
including the VAT of the products added to the shopping cart is processed
through Iyzico Virtual Pos for credit card payments after it is approved by the
buyer. Before the orders are shipped, an e-mail is sent to the customer that
his order has been prepared. Any disruption in the process or any problems that
may arise regarding the credit card are notified to the buyer by using one or
more of the telephone/fax/e-mail channels specified in the contract. If
necessary, the buyer may be asked to meet with his bank. The processing time of
the orders is not the moment when the order is placed, but the moment when the
necessary collection is made from the credit card account or the transfer (EFT)
reaches the seller accounts.
In the event
that it is understood that the product subject to the contract cannot be
supplied for an exceptionally just cause and/or if there is a stock problem,
the buyer is immediately informed and approved, then another product of equal
quality and price may be sent to the buyer or in line with the buyer's desire
and choice; Another new product may be sent, the product may be expected to
enter the stocks or the other obstacle preventing delivery may be removed
and/or the order may be canceled.
In cases
where it becomes impossible to fulfill the obligation to deliver the goods
subject to the contract, the buyer is informed of this situation and the total
price paid and any documents that put him under debt, if any, are returned to
him within fourteen days at the latest and the contract is canceled. In such a
case, the buyer will not have any additional material and moral damages from
the seller.
Payment:
On
www.wallartistanbul.com, buyers who do not want to use their credit card
information on the internet are provided with cash on delivery at the door or
money order. The buyer can transfer the amount to Turkiye Garanti Bank via wire
transfer. If EFT is made, the date of taking into account will be taken into
account. When making money transfer and/or EFT, the Sender Information must be
the same as the Invoice Information and the order number must be written.
After the
delivery of the product, if the relevant bank or financial institution fails to
pay the price of the product to the Seller due to the fact that the credit card
belonging to the Buyer is used unfairly or unlawfully by unauthorized persons
not due to the Buyer's fault, the Buyer will be sent to the Seller within 10
days. It is mandatory to send to. In such cases, shipping costs belong to the
Buyer.
Article 8- Delivery / Delivery Procedure
Shipment:
With the
sending of the order confirmation e-mail, the product/products are delivered to
the cargo company that the seller has an agreement with.
www.wallartistanbul.com is contracted with ARAS cargo.
Delivery:
The
product/products will be delivered to the address of the recipient via ARAS
Cargo which www.wallartistanbul.com has an agreement. The delivery time is
maximum 7 business days from the sending of the order confirmation email and
the establishment of the contract. This period may be extended for a maximum of
ten days, provided the buyer is notified in advance in writing or with a
continuous data carrier.
The products
are sent to the regions where the courier companies do not deliver the address
by phone notification.
In regions
where the cargo company delivers one day a week, in case of inaccuracies and
deficiencies in the shipping information, some social events and natural
disasters may be delayed on the specified day. Due to these delays, the buyer
cannot bear any responsibility on the seller.
If the product is to be delivered to another person/organization from the
Buyer, the seller is not responsible for the extra shipping costs that may
arise from the person/organization not accepting the delivery, inaccuracies in
the shipping information, and/or the Buyer's not being in place.
If the product/products
did not reach the customer within the specified days, delivery problems should
be reported to the customer service immediately by using the e-mail address
info@wallartistanbul.com.
In case of
the damaged packages; Damaged packages should not be received and a report
should be submitted to the Cargo Company official. If the Cargo Company
official is of the opinion that the package is not damaged, the buyer has the
right to open the package there and check that the products have been delivered
undamaged and to request that the situation be determined with a report. After
the package is received by the Buyer, it is accepted that the Cargo Company has
fulfilled its duty completely. If the package has not been accepted and the
report has been kept, the situation should be reported to the seller Customer
Service as soon as possible, together with the remaining copy of the report at
the Buyer.
Article 9- Procedure for Product Return
and Right of Withdrawal
Product Returns:
The buyer has
the right to withdraw from the contract within 14 (fourteen) days after
receiving the goods, without stating any justification and paying penalty.
In accordance
with the general notification of the tax procedure law numbered 385, the buyer
must fill in the return sections at the bottom of the 2 invoices of the seller
delivered with the goods completely and correctly, sign and send a copy to the
seller with the product and keep the other copy.
The right of
withdrawal starts from the day the goods are delivered to the buyer. If the
returned product or products are returned due to arbitrary circumstances, the
cost must be borne by the buyer. However, if there is a defect in the product
caused by the Seller, the price must be paid by the Seller.
There is no right of withdrawal for goods prepared in line with the buyer's
wishes and / or his personal needs.
If the buyer
exercises his right of withdrawal, the seller will return the total price
received within ten days from the receipt of the invoice together with the
product, and any documents that put the consumer under debt, without incurring
any expense to the consumer.
The decline
in the value of the delivered goods or the existence of a reason that makes it
impossible to return does not prevent the exercise of the right of withdrawal.
However, if the decrease in value or the impossibility of return is due to the
consumer's fault, the seller must compensate the value or decrease in the value
of the goods.
The general
return period is 7 days for each product purchased inadvertently. During this
period, the return of products whose packages are opened in a way that the
product is damaged will not be accepted. The return must be made in the
original packaging with the invoice.
In cases
where any opening, deterioration, breakage, destruction, tearing, use and other
conditions are detected in the product and its packaging, and if the product
cannot be returned in the state it was delivered to the buyer, the product will
not be returned and the price will not be refunded.
For product returns, the situation should first be communicated to customer
service. The return information of the product is sent to the customer by the
seller. After this meeting, the invoice containing the information about the
product return must be delivered to the seller via the courier company (ARAS
KARGO) delivered to the address of the buyer.
If the
returned product that reaches the seller meets the conditions specified in this
contract, it is accepted as a return and the refund is made to the credit card /
account of the buyer. Refunds are not available until the product is returned.
The reflection time of credit card refunds on credit card accounts is the
responsibility of the relevant bank.
If the shopping is made with a credit card and in installments, the credit card
refund procedure will be applied as follows: If the buyer has submitted the
purchase request with the number of installments, the Bank makes the refund to
the buyer in installments. After the seller pays the entire price of the
product to the bank at once, in case the installment expenses made from the
Bank POS are returned to the buyer's credit card, the requested refund amounts
are transferred to the bearer accounts by the Bank in installments, in order to
prevent the parties involved in the matter from falling into disadvantage. The
installment amounts paid by the buyer until the cancellation of the sale, if
the return date and the card cut-off date do not coincide, 1 (one) refund will
be reflected on the card each month, and the installments paid by the buyer
before the return will be paid more months after the installments of the sale
are over, and will be deducted from your current debt.
In the event
of the return of goods and services purchased by card, the seller cannot pay
the buyer in cash in accordance with the contract made with the Bank. In case
of a refund transaction, the merchant, namely the seller, will make the refund
via the relevant software, and the merchant, the seller, is obliged to pay the
relevant amount to the bank in cash or on account, so the buyer cannot be paid
in cash in accordance with the procedure detailed above. The refund to the
credit card will be made by the Bank in accordance with the above procedure,
after the buyer has paid the bank the amount in one go.
Article 10-Warranty
The products
that are used and cleaned in accordance with the instructions for use are
guaranteed for 2 years against all kinds of production defects under the
following conditions: The warranty liability of the seller is only valid for
the consumers covered by the law numbered 4077. For commercial business, the
provisions of the Turkish Commercial Code will be valid.Clock mechanisms are excepted.
Article 11- Confidentiality
The
information provided by the buyer to the seller for the purpose of making
payment and the information specified in this contract will not be shared with
third parties by the seller.
The seller
will be able to disclose this information only in the presence of an
administrative / legal obligation. If the seller has the information requested
from him within the scope of any judicial investigation with documented
capacity to investigate, he can provide it to the relevant authority.
Credit Card
information is never stored. Credit Card information is only used for obtaining
authorization by being securely transmitted to the relevant banks during the
collection process and is deleted from the system after the provision.
Information
such as the recipient's e-mail address, postal address and telephone are used
only by the seller for standard product delivery and information procedures. In
some periods, campaign information, information about new products, promotional
information may be sent to the buyer after its approval.
Article 12- Authorized Court and
Enforcement Offices in Case of Dispute
In the event
of a dispute arising from the implementation of this contract, the Consumer
Arbitration Committees and the Consumer Courts at the place of residence of the
Buyer or the Seller are authorized up to the value announced by the Ministry of
Industry and Trade every year in December.
If the order
is realized, the Buyer is deemed to have accepted all the terms of this
contract. … /… /…
Article 13 - Notifications and Evidence
Agreement
All kinds of
correspondence between the Parties under this Contract will be made via e-mail,
except for the obligatory cases listed in the Law. The Buyer decides that the
official books and commercial records of www.wallartistanbul.com as well as the
electronic information and computer records kept in its database and servers
shall constitute binding, final and exclusive evidence in the disputes that may
arise from this Agreement, and this article shall constitute binding, conclusive
and exclusive evidence. It accepts, declares and undertakes that it is in the
nature of an evidence agreement.