Distance Sales Agreement
ARTICLE 1- PARTIES
1.1. SELLER:
Commercial Title: İNDOLE MOBİLYA SANAYİ TİCARET LİMİTED ŞİRKETİ
Address: Kayseri OSB, 24. Caddesi No:62, 38070 Melikgazi/Kayseri
Phone: +903525038707
Fax: 0 352 503 87 07
E-mail: info@indolemobilya.com
1.2 BUYER:
Name-Surname: ---- ----
Address:
Phone: ----
E-mail: ----
ARTICLE 2- SUBJECT OF THE AGREEMENT:
The subject of this Distance Sales Agreement is the sale of products/goods by the SELLER from its virtual store created on its website with the domain name www.indolemobilya.com, in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, and the purchase of the product/products whose characteristics and purchase price are specified in this Agreement by the BUYER through electronic order, payment of the sales price, delivery, and determination of the other rights and obligations of the parties, as well as the resolution methods for disputes arising from this Agreement.
The "BUYER" acknowledges and declares by the provisions of this contract that they have been informed by the SELLER in a clear, understandable, and internet-appropriate manner regarding the SELLER's name, title, full address, telephone and other access and communication information, the basic characteristics of the product subject to sale, the sales price including taxes, payment method, delivery conditions and costs, and all similar preliminary information related to the product subject to sale, as well as the exercise of the "right of withdrawal" and how this right can be exercised, official authorities to which complaints and objections can be submitted, and similar issues, and that they have confirmed this preliminary information electronically and subsequently placed a product order.
The preliminary information available on the www.indolemobilya.com website and the invoice issued after the purchase made by the BUYER are an integral part of this contract.
ARTICLE 3- GOODS SUBJECT TO THE AGREEMENT/PAYMENT/SHIPMENT AND DELIVERY INFORMATION:
The type and kind, quantity, brand/model, sales price, payment type, recipient, delivery address, invoice information, and shipping fee of the goods/products purchased electronically are as stated below. It is mandatory for the person to whom the invoice is issued and the person making the contract to be the same. The information provided below must be complete and accurate. The BUYER accepts to fully cover any damages arising from inaccurate or incomplete information, and the BUYER also accepts all responsibility that may arise from such situations.
The SELLER reserves the right to stop the order and delivery if the information provided by the BUYER does not match reality, when deemed necessary. If the SELLER cannot reach the BUYER through the telephone, e-mail, and postal addresses provided by the BUYER in cases where a problem is detected in the order, the activation of the order will be postponed for 7 (seven) days.
3.1 Product Name:
3.2 Product Model/Brand:
3.3 Product Features:
3.4 Product Dimensions:
3.5 Color:
3.6 Quantity:
3.7 Sales price (including VAT):
3.8 Delivery Fee:
3.9 Billing Address:
3.10 Payment Method (number of installments):
3.11 Delivery Address:
3.12 Recipient:
3.13 Shipping Cost:
ARTICLE 4- DATE OF AGREEMENT AND FORCE MAJEURE
The date of the contract is --/--/-- which is the date the order was placed by the BUYER.
Situations that are not present or foreseen at the time of signing the contract, that develop beyond the control of the parties, and that make it impossible for one or both parties to fulfill their debts and obligations under the contract partially or completely, or to fulfill them on time, will be considered as force majeure (terrorism, war, natural disaster, uprising, seizure, strike, lockout, significant breakdown in production and communication facilities, changing legislative provisions, and similar situations). The party affected by force majeure shall immediately and in writing notify the other party of the situation.
No liability shall arise from the parties' inability to perform their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate unilaterally.
ARTICLE 5- RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. The SELLER accepts and undertakes to fulfill the obligations imposed on it in the contract completely, except for force majeure cases, in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop at www.indolemobilya.com. The SELLER will assume that the age stated by the BUYER in the contract is correct. However, no responsibility can be attributed to the SELLER due to the BUYER's incorrect age entry.
5.3. www.srgimo.com is absolutely not responsible for price inaccuracies resulting from system errors. In this regard, the SELLER is not responsible for promotional and price errors that may arise due to interventions made to the website from the system, design, or through illegal means. The BUYER cannot claim rights from the SELLER based on system errors.
5.4. Shopping at www.indolemobilya.com can be done by credit card (Visa, MasterCard, American Express, etc.), bank transfer, or cash on delivery to the cargo officer. Orders for which a bank transfer has not been made within 3 (three) business days from the order date will be canceled. The time when orders are processed is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account, or when the bank transfer or EFT reaches the bank accounts. Payment methods such as cash on delivery or postal check carried out without consulting customer services are not accepted.
ARTICLE 6- RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. The BUYER accepts and undertakes to fulfill the obligations imposed on him/her in the contract completely, except for force majeure.
6.2. By placing an order, the BUYER is deemed to have accepted the provisions and obligations of this contract, and also accepts and undertakes to make payment in accordance with the payment method specified in the contract.
6.3. The BUYER acknowledges and declares that he/she has obtained clear, understandable, and internet-appropriate information from the www.indolemobilya.com website regarding the SELLER's name, title, full address, phone number, and other contact and access information, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information related to the product subject to sale, the exercise of the "right of withdrawal" and how this right will be exercised, official authorities to which complaints and objections can be submitted, etc., and that he/she has confirmed this preliminary information electronically.
6.4. In connection with the preceding article, the BUYER declares that he/she has read and understood the www.indolemobilya.com order/payment/usage procedure information, which includes the terms of product order and payment, product usage instructions, precautions taken against possible situations, and warnings, and has provided the necessary electronic confirmation.
6.5. In the event that the BUYER wishes to return the purchased product, he/she has the right to exchange it within 3 (three) days from the date of receipt, but accepts and undertakes not to damage the product and its packaging in any way whatsoever, and to return the original invoice and delivery note at the time of return.
ARTICLE 7- ORDER/PAYMENT PROCEDURE
Order:
7.1. After the BUYER approves the total amount including VAT (total installment amounts for installment transactions) of the products added to the shopping cart, the transaction is processed through the POS of the relevant bank card. Therefore, before orders are shipped, an order confirmation email is sent to the customer. No shipment is made without an order confirmation email.
7.2. Any disruptions in the process or problems that may arise with the credit card will be notified to the BUYER using one or more of the telephone/fax/e-mail addresses provided in the contract. If necessary, the BUYER may be asked to contact their bank. The time when orders are processed is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account, or when the transfer or EFT is determined to have reached the SELLER's accounts.
7.3. In the exceptional case where it is understood that the product subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, the BUYER will be informed immediately and clearly, and if the BUYER gives consent, another product of equal quality and price may be sent to the BUYER, or at the BUYER's request and choice; a new product of equivalent price may be sent, the product may be awaited to be stocked or other obstacles preventing delivery may be removed, and/or the order may be canceled and the fee refunded.
7.4. In cases where the delivery of the goods subject to the contract becomes impossible, the BUYER will be informed of this situation, and the total amount paid and any documents that put him/her in debt will be returned to him/her, and the contract will be canceled. In such a case, the BUYER will not have any additional material or moral damage claims against the SELLER.
Payment:
7.5. The sales price including VAT and delivery fee, determined by this Agreement, for the products ordered by the BUYER within the scope of this Agreement, will be paid in accordance with the payment methods and conditions specified in this Agreement.
7.6. The BUYER can make payments via credit card, EFT, or bank transfer through the SELLER's website. The time when orders are processed is not the moment the order is placed, but the moment when the credit card account or transfer payment reaches the seller's account in full and complete. For transfer payments, the BUYER can choose the most suitable bank and make the transfer. If an EFT has been made, the date it reaches the account will be taken into consideration. When making a transfer and/or EFT, the Sender Information must be the same as the Invoice Information and the order number must be written.
7.7. The section above contains information on how many installments the total order amount will be paid to your bank. Your bank may offer campaigns, applying a higher number of installments than your chosen amount, or providing services such as installment deferral. Such campaigns are at the discretion of your bank. The SELLER is not responsible for any deductions made by banks under various names during payments.
7.8. The delivery fee is not included in the price of the products and will be added to the price of the products to be paid by the BUYER, and will be paid by the BUYER along with the price of the products, the delivery fee, and any additional charges, if applicable.
7.9. If the BUYER's credit card is used unfairly or unlawfully by unauthorized persons in a way that is not due to the BUYER's fault after the delivery of the product, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to send the product delivered to him/her to the SELLER within 10 (ten) days at the latest. In such cases, all transportation expenses belong to the BUYER.
7.10. If the BUYER has chosen to pay by credit card, the BUYER acknowledges, declares, and undertakes that he/she will separately confirm the relevant interest rates and default interest information with his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER in accordance with the provisions of the current legislation.
ARTICLE 8- SHIPMENT/DELIVERY PROCEDURE
Shipment:
8.1. Upon sending the order confirmation email, the product/products are handed over to the courier company contracted by the SELLER. Products ordered electronically by the BUYER are delivered to the BUYER or the person or organization at the address specified by the BUYER or at the cargo branch, packaged and undamaged with their invoice, within a legal period not exceeding 30 (thirty) days through the SELLER's contracted shipping company. In extraordinary circumstances and cases of force majeure, this period may be extended.
Delivery:
8.2. The delivery period is a maximum of 30 (thirty) business days from the sending of the order confirmation email and the establishment of the contract. This period can be extended by a maximum of 10 (ten) business days, provided that the BUYER is notified in writing or through a permanent data carrier in advance.
8.2. If the product is to be delivered to a person or organization other than the BUYER, the SELLER cannot be held responsible if the person or organization to be delivered refuses the delivery.
8.3. Products are sent with telephone notification to areas where cargo companies do not make address deliveries.
8.4. In regions where the Cargo Company delivers once a week, in cases of incorrect or incomplete shipping information, or in situations such as some social events and natural disasters, there may be a delay in the specified day. The BUYER cannot hold the SELLER responsible for these delays. If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for extra shipping fees that may arise from the person/organization refusing the delivery, incorrect shipping information, and/or the BUYER not being present at the location. It is assumed that the Cargo Company has fully performed its duty after the package is accepted by the BUYER. If the package is not accepted and a report is issued, the situation should be reported to SELLER Customer Services as soon as possible with the copy of the report remaining with the BUYER, or the report should be sent to info@indolemobilya.com. In this case, the seller will resolve the problem and get back to the BUYER as soon as possible.
8.5. If the BUYER detects that the package and the product inside are damaged when receiving the product from the cargo, damaged packages should not be accepted, and a report should be issued with the Cargo Company official (by not accepting the cargo). If the Cargo Company official believes that the package is not damaged, the BUYER has the right to open the package there to check if the products are delivered undamaged and to request that the situation be recorded with a report. After the package is accepted by the BUYER, it is considered that the Cargo Company has fully performed its duty. If the package has not been accepted and a report has been issued, the situation, along with the copy of the report remaining with the BUYER, must be immediately forwarded to SELLER Customer Services or the report must be sent to info@indolemobilya.com. In this case, the seller will resolve the problem and get back to the BUYER as soon as possible.
8.6. If the BUYER requests the goods to be sent by a carrier other than the carrier designated by the SELLER, the SELLER shall not be responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.
ARTICLE 9- PRODUCT RETURN AND RIGHT OF WITHDRAWAL PROCEDURE
9.1. The BUYER may exercise his right of withdrawal, granted to him in accordance with the relevant legislation, within 14 (fourteen) days from the date of delivery of the products subject to the contract to him or to the person at the address he specified. For the BUYER to exercise his right of withdrawal, he must notify the SELLER in writing or orally through customer services within this period. It is a condition that the products are not among the products for which the right of withdrawal cannot be used, as specified in the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, or that the product has not suffered damage that would prevent its resale other than ordinary use, and has not been used in this way.
- Products sent unassembled are not eligible for exchange or return once they have been assembled. However, "indole" reserves the right to charge 25% of the total amount as a customization/disassembly fee for assembled or customized products; if there is no customization, to not refund the shipping fee and to charge a 5% return service fee of the total amount to be able to take the product back.
- Exchange and return are not possible for models customized for the "BUYER" according to the BUYER's requests, such as different fabric upholstery, leg color, dimensions, or corner direction changes.
- For product exchange and return; first, the product must definitely not have been used or worn, if it is an electrical product group such as small home appliances, the protective tape must not have been opened, and it must not be personal products by nature such as beds or pillows. This is because these products cannot be returned due to hygienic reasons.
- A faulty product installed by the "BUYER" can be exchanged or returned.
9.2. If the Seller has delivered the goods to the BUYER within the withdrawal period, the BUYER may only use the goods to the extent required by ordinary inspection; otherwise, the BUYER cannot exercise the right of withdrawal.
9.3. It is not possible to exercise the right of withdrawal for products that have acquired personalized characteristics by means of modification, alteration or addition made on them in line with the BUYER's requests before ordering.
9.4. If the BUYER does not use the products in accordance with their technical specifications and usage instructions within the withdrawal period, he/she is responsible for the changes and deterioration that occur and is obliged to compensate for the decrease in the value of the products.
9.5. The SELLER shall refund all payments collected, including the delivery costs of the goods to the consumer if any, within 14 (fourteen) days from the date on which the BUYER's notification regarding the exercise of the right of withdrawal is received by the SELLER. The BUYER accepts, declares, and undertakes that if he/she requests a refund for payments made by credit card, the refund will not be made in cash.
9.6. The Credit Card Refund Procedure is as follows:
In cases where the BUYER exercises his right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the BUYER by arbitration committee decisions, if the purchase was made with a credit card and in installments, the credit card refund procedure is as follows:
If the BUYER purchases the product in installments, the Bank will make the refund to the BUYER in installments. If the Bank refunds installment purchases made from the Bank's POS to the BUYER's credit card after the SELLER has paid the full product price to the Bank in a single payment, the requested refund amounts will be transferred by the Bank to the cardholder's accounts in installments again, so that the parties involved are not aggrieved. If the installment amounts paid by the BUYER until the cancellation of the sale do not coincide with the credit card statement closing dates, 1 (one) refund will be reflected on the card each month, and the BUYER will receive the installments paid before the refund for as many months as the number of installments paid before the refund, after the sales installments are completed, and these amounts will be deducted from their current debts.
Refunds to the credit card will be made by the Bank in accordance with the above procedure after the SELLER pays the amount to the Bank in a single payment.
The BUYER acknowledges and undertakes that they have read and accepted this procedure.
9.7. The refund procedure for Wire Transfer/EFT Payment Options is as follows:
Refunds for Wire Transfer/EFT payment options will be made by requesting the BUYER's bank account information and transferring the amount to the account specified by the BUYER (the account must be in the name of the person at the billing address or the user member).
9.8. Unless the SELLER makes an offer to take back the goods themselves, the BUYER must return the goods to the SELLER or the person authorized by the SELLER within ten days from the date they notified their exercise of the right of withdrawal.
9.9. The burden of proof regarding the exercise of the right of withdrawal belongs to the BUYER.
9.10. The right of withdrawal is not valid for products that are custom-made for you upon your request or customized for you by making changes or additions.
ARTICLE 10- GENERAL PROVISIONS
10.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information form regarding the basic features of the product subject to the contract, the preparation and delivery of the product on the website www.mobilyabulsam.com, that they have knowledge of the sales price and payment method, and that they have given the necessary approval electronically. The BUYER accepts, declares, and undertakes that they have read and approved the Preliminary Information Form sent to them electronically before this contract.
10.2. The SELLER is responsible for delivering the product subject to the contract in sound, complete condition, in accordance with the specifications stated in the order, in the design model chosen by the consumer, and with guarantee certificates and user manuals.
10.3. For the delivery of the product subject to the contract, it is a condition that the price of this contract has been paid through the payment method preferred by the BUYER. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is considered to be relieved of the obligation to deliver the product.
10.4. If the SELLER cannot deliver the products included in the contract within the legal period of 30 (thirty) days due to force majeure, they are obliged to inform the BUYER of this situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the products subject to the contract with an equivalent if available, or postpone the delivery period until the hindering situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded within 14 (fourteen) days.
10.5. In order for refund procedures to be carried out in accordance with the General Communiqué on Tax Procedure Law no. 385, the relevant sections on the invoice with the refund section that we sent to you must be filled in completely, signed, and then sent back to us with the product.
ARTICLE 11- WARRANTY
Products used and cleaned in accordance with the instructions for use are under the manufacturer's/importer's warranty for 2 and/or 3 years, subject to the stated conditions, against all manufacturing defects. The warranty responsibility of the companies is only valid for consumers covered by Law No. 6502. For commercial transactions, the provisions of the Turkish Commercial Code will apply.
ARTICLE 12- CONFIDENTIALITY
12.1. No information provided by the BUYER in this contract or any information provided to the SELLER for payment purposes will be shared with third parties by the SELLER.
12.2. The SELLER may only disclose this information if there is an administrative/legal obligation. The SELLER may share information it possesses with the relevant authority if requested within the scope of any judicial investigation whose authority to investigate has been documented.
12.3. Credit Card information is never stored; Credit Card information is only used to obtain authorization by securely transmitting it to the relevant banks during the collection process and is deleted from all data after the authorization process.
12.4. Information such as the BUYER's e-mail address, postal address, and telephone number are used by the SELLER only for standard product delivery and notification procedures. Some campaign information, information about new products, and promotional information may be sent to the BUYER.
ARTICLE 13- DISPUTE AND AUTHORIZED COURT
Due to this contract, the BUYER may submit all complaints and objections to the Consumer Arbitration Committee at the place where the BUYER purchased the goods or resides, or to the Consumer Courts where the BUYER and SELLER are located, taking into account the monetary limits determined annually in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
If the order is placed, the BUYER is deemed to have fully accepted all conditions of this contract. --/--/--