INAPPROACHABLE SALES CONTRACT
This contract hereby is prepared for the obligation of making contract about the sales which are made through internet according to the Regulation about Inapproachable Contracts Application Methods and Principals which was published on Official Journal dated 13th of June 2003 with the publication number 25137 and its articles are as below:
Article 1) Parties
Seller:
Diamond Naci SENOCAKLI
Address : Valikonagi Caddesi Madalyon Sokak No:12/3 Nisantasi ISTANBUL
E-Mail address: info@diamond.com.tr
Buyer:
Name:
Addres:
Telephone:
E-Mail address:
Article 2) Subject
The subject of the contract hereby is the determination of the rights and responsibilities of the parties according to the Regulation about Inapproachable Contracts Application Methods and Principals-Legislation for the Protection of the Cunsumers number 4077 related with the purchasing of the products through www.diamond.com by the seller which are mentioned below with the spesifications and sales price.
Article 3) Product and Order Information
Name of the product:
Amount of the product:
The price of the product in TL including VAT:
Delivery price: Free of charge
Payment term:
Article 4) Invoice and Delivery Information
Invoice Address:
Invoice Title
Delivery Address:
Recipient of the delivery:
Article 5) General Conditions
People under the age of 18 can not make shopping through the internet site of www.diamond.com.tr. By confirming this contract in electronical media, the buyer confirms that he or she is older than 18.
By confirming this contract, the buyer declares that he has read and learned all pre information related with the specifications, sales prices and payment terms with the delivery conditions of product or products which are the subjects of the contract as mentioned in Article 3 and made the necessary confirmation in electronical media.
The seller is not responsible from the price and content mistakes because of typing failures at www.diamond.com.tr internet site and system failures which are based on the internet site. The seller preserves his rights to cancel the orders that have prices which are wrongly shown.
If the cost of the product is not paid for any reason or cancelled at banking records, the seller will have no responsibility to deliver the product any more. The buyer accepts that if he or she can not achieve the payment within 5 days by bank remittance or Electronic Funds Transfer then the Seller will have to cancel the order. The available date in case of bank remittance/EFT orders are not the dates of the order but the dates of the receival of the payment to our bank. The records of the seller and the Bank are based on this issue.
Also in case of unfair and unlawful useage of buyer’s creadit card by the unauthorized people in a way the buyer has no fault, when the bank or financial foundation does not pay the cost of the product to the seller, with the condition of delivering the good to the buyer himself/herself, it is compulsory to send the product back to the seller. In that case the delivery costs belong to the buyer.
The products which are faulty or out of order amongst the sold products with or without warranty certificates, can be sent to the seller for necessary maintenance according to the warranty conditions, in that case the freight costs will be paid by the seller.
Article 6) Seller’s Liabilities
The product or products which are the subject of this contract, is/are delivered to the buyer or to the person/people who is/are addressed by the buyer within the 30 days legal duration condition depending on the distance of buyer’s location. This duration can be extended at most for 10 days with the condition of informing the buyer earlier.
If the product which is the subject of this contract will be delivered to a person/foundation other than the buyer and if the person/foundation will not accept the delivery then the seller can not be in charge of that. Also for all kinds of problems related with the delivery of the product to the buyer by the freight company, the seller can not be charged for not delivering the product to the buyer.
With the condition of having a legitimate reason, the seller can supply a product which has equivalent quality and price to the buyer within the execution period.
The seller is responsible from the delivery of the product which is the subject of the contract in robust, complete situation and available to the spesifications mentioned in the order with warranty certificates and user’s manual if so. But because of several reasons the manufacturing of the ordered products may be impossible. If the seller can not fullfill his/her liabilities which are the subject of the contract by telling that the ordered product or service can not be achieved, then he/she must inform the buyer about this situation before the execution of his/her contract liabilities. In that case the buyer may prefer either the cancellation of the order or the replacement of the product with an equivalent product and/or the postponement of the delivery period until the end of the deterrent situation. In case of cancellation, the seller returns all the documents about the paid costs and getting in debts of the buyer within 10 days.
Article 7) The Right of Deterrence
The buyer has the right of deterrence within seven days from the delivery of the product which he/she orders to himself/herself or to the person/foundation to whom/which he/she addresses. To use the right of deterrence, to inform the Seller with the communication form, email address or telephone number which are determined at www.diamond.com.tr site are compulsory and the product must not be included with “Article 8)The Products which the Right of Deterrence can not be used”and must not be used. The seller has the right to refuse the rebates which are not informed him.
In case of using this right, the return of the copy of the freight delivery protocol which prooves that the delivered product to the 3rd person or buyer has been sent back to the seller together with the original invoice, the waybill, certificate, the product box, package and all the other documents and materials completely is compulsory. 7 days after the arrival of these documents, the cost of the product is returned to the buyer. If the original invoice is not returned than VAT and other existing legal liabilities are not returned. Any deterioration,damage or all types of similar depreciating situations about the product and the documents and materials which are sent together with the product during the delivery of the return because of the freight companies or the buyer who makes the returning procedure belong to the buyer who makes the returning.
Article 8) The Products which the Right of Deterrence can not be used
The usage of the right of deterrence is related with the conditions of not opening the package of the product, being intact and unused.
The buyer can not use the right of deterrence in products which are manufactured or changed according to the buyer’s special requirements and demands which make the products personal. Because of this reason, all products which are manufactured according to the buyer’s demands are included amongst the products which the right of deterrence can not be used.
Article 9) Authorized Courts
For the implementation of this contract hereby, Consumer Arbitrator Committees and Consumer Courts which are at the location of the Consumer or Seller are authorized until the value which is announced by the Ministry of Industry and Commerce.
By ordering through www.diamond.com.tr internet site, the buyer is considered as he/she accepts all the conditions of the contract hereby.
Seller:
www.diamond.com.tr
Buyer:
Date: