SALES CONTRACT
ARTICLE 1 – PARTIES
1.1- SELLER
Trade-name: Babyce
Phone No.: 0553 613 10 88
E-mail : info@babyce.net
1.2 –BUYER
Name/Surname/Trade-name:
Address:
Phone No.:
E-mail:
ARTICLE 2- SCOPE
The scope of this contract covers determination of the rights and obligations of the parties in accordance with the provisions of the Law no. 4077 on Protection of Consumers and the Regulation regarding Implementation Principles and Procedures for Distance Contracts in terms of the sale and delivery of the product with its characteristics and sale price specified below ordered electronically by the BUYER from the SELLER’s internet website under the domain name of https://www.babyce.net
ARTICLE 3- CONTRACTUAL PRODUCT
The Type, Quantity, Brand/Model, Color, and Sale Price of the Products are specified above.
Payment Method:
Delivery Address:
Person to be Delivered:
Invoice Address:
Courier Fee:
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER represents that the BUYER has read and fully understood the prior information related with the basic characteristics, sale price, payment method and delivery of the contractual product specified in the SELLER’s Internet website under the domain name of https://www.babyce.net and that the BUYER has provided the required confirmation electronically.
4.2- The product subject to the contract shall be delivered to the BUYER or the person / organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER’s place of residence for each product provided that it does not exceed the legal 30-day period.
4.3- If the contractual product is to be delivered to any person/institution other than the BUYER, the SELLER may not be held responsible for refusal of the delivery by the receiving person/institution.
4.4- The SELLER is responsible for delivery of the contractual product in a non-damaged and complete form and conforming to the characteristics specified in the order, and together with, if any, the warranty certificates and user manuals.
4.5- For delivery of the contractual product, it is required that the signed copy of this contract should have been communicated to the SELLER and the price of the product should have been paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or the payment is cancelled in the bank records, the SELLER shall be deemed relieved from its obligation to deliver the product.
4.6- Upon delivery of the product, if the related bank or finance institution does not pay the product price to the SELLER due to fraudulent or illegal use of the BUYER’s credit card by unauthorized people without the BUYER’s fault, it is mandatory that the product should be sent to the SELLER in 3 days providing that it should have been delivered to the BUYER itself. In such cases, the transportation costs shall be borne by the BUYER.
4.7- If the SELLER cannot deliver the contractual product within the specified time period due to extraordinary conditions such as force majeure, adverse weather conditions preventing transportation, disruption in transport, etc., the Seller shall be liable to notify the situation to the BUYER. In such cases, the BUYER shall be entitled to exercise one of the following rights: cancellation of the order, replacement of the contractual product with an equivalent product, and/or postponement of the delivery period until the impeding condition disappears. If the BUYER cancels the order, the amount paid by him shall be reimbursed to the BUYER in cash and in full in 10 days.
4.8- In case of overseas product shipments, all taxes and expenses that may arise shall be borne by the BUYER.
4.9- The SELLER does not have any responsibility related with the taxes, expenses and customs procedures that may arise in relation to overseas product shipments.
4.10- The return of products sold to foreign countries is not acceptable as per the customs legislation.
4.11- The defective or broken products that are sold with or without warranty certificates may be sent to the SELLER for performance of the required repair / maintenance under the terms of warranty; in such cases, the courier fees shall be borne by the SELLER.
4.12- This contract shall come into force only after it is signed by the BUYER and communicated to the SELLER via fax, mail or e-mail.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER shall be entitled to withdraw in 14 (fourteen) days following the delivery of the contractual product to the BUYER or the person/legal entity in the address designated by him.However, the consumer cannot exercise his right of withdrawal in the goods produced in accordance with the special requests and demands of the consumer or made special to him by making changes or additions. Furthermore, the consumer cannot exercise the right of withdrawal in the case of goods which cannot be returned in terms of their nature, and which are likely to break down rapidly or exceed the expiry date. If one of the provisions of Article 6 and 7 of this Regulation is incomplete, the seller or provider shall remedy the deficiency within thirty days at the latest. In order to exercise the right of withdrawal, the BUYER should notify it to the SELLER via fax, e-mail or telephone and the product should be unused as per the provisions of article 6. If this right is exercised, it is mandatory that the carrier’s delivery notice evidencing the shipment to the SELLER of the product delivered to the 3rd person or the BUYER as well as the original of the invoice should be returned. The price of the product shall be returned to the BUYER in 7 days following the receipt of the said documents. If the original invoice is not sent, VAT and other legal liabilities, if any, shall not be reimbursed. The courier fee of the product returned due to the exercise of the right of withdrawal shall be borne by the SELLER.
ARTICLE 6- PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
The consumer cannot exercise his right of withdrawal in the goods produced in accordance with the special requests and demands of the consumer or made special to him by making changes or additions. Furthermore, the consumer cannot exercise the right of withdrawal in the case of goods which cannot be returned in terms of their nature, and which are likely to break down rapidly or exceed the expiry date. If one of the provisions of Article 6 and 7 of this Regulation is incomplete, the seller or provider shall remedy the deficiency within thirty days at the latest.
ARTICLE 7- GENERAL PROVISIONS
7.1- The people under 18 years of age are not allowed to shop from the SELLER.
7.2- The SELLER is not responsible for any incorrect prices arising from the typographical and system errors.
ARTICLE 8 – COMPETENT COURT
Regarding implementation of this contract, the Consumer Courts located in the place of residence of the BUYER or the SELLER as well as the Consumer Arbitration Boards shall have jurisdiction for settlement of disputes up to the amount announced by the Ministry of Industry and Trade.
If the order is placed, the BUYER shall be deemed to have accepted all terms and conditions of this contract.
SELLER
Babyce
BUYER
Date:
