DISTANCE BASED SALES CONTRACT AND DELIVERY-RETURN
All users are deemed to have accepted that they have read and approved the sales contract as soon as they perform their membership process.
Sales Contract
This is a Virtual Sales Agreement between Forestaflowers.com (Mehmet Eren Çırak.) and the Customer.
ARTICLE 1 - SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the Law No. 4077 on the Protection of Consumers, the Regulation on Distance Contracts and other relevant legal provisions regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the SELLER sells to the BUYER.
ARTICLE 2 - ESTABLISHMENT OF THE CONTRACT
2.1 THE BUYER AGREES THAT HE HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
2.2 SELLER AND BUYER AGREE THAT THERE IS NO DISproportion BETWEEN THE OBLIGATIONS AGREED BY THE CONTRACT AND THAT THE MUTUAL OBLIGATIONS ARE CONCORDING TO THE NATURE OF THE BUSINESS, AND THAT THE BUYER HAS NO EXPERIENCE WITH RESPECT TO THE TRANSACTIONS SUBJECT TO THE CONTRACT.
2.3 THE BUYER ACKNOWLEDGES THAT IT HAS COME TO THE FULL CONVICTION THAT THE TRANSACTIONS COVERED BY THE CONTRACT ARE IN ITS BEST INTEREST AND AGREES TO COMPLY WITH ALL THE TERMS OF THE CONTRACT OF ITS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR DISTRESS, THOUGHTFULLY, WILLINGLY AND KNOWINGLY.
2.4 THE SELLER AND THE BUYER AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A FEATURE THAT CAN BE CONSIDERED AN UNFAIR CONDITION AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
2.5 THIS AGREEMENT, ANNEXES AND THE INFORMATION SUPPLIED UNDER THE SCOPE OF TRANSACTIONS CONDUCTED THROUGH forestaflowers.com AND THE SUBJECTS CONFIRMED BY ELECTRONIC MEANS MEET THE REQUIREMENTS OF ARTICLE 6 OF THE REGULATION ON THE PRACTICE PROCEDURES AND PRINCIPLES REGARDING CAMPAIGNED SALES.
2.6 THE PROVISIONS OF THIS CONTRACT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONTRADICT THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE CONSUMER PROTECTION LEGISLATION.
2.7 THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED BY TAKING INTO ACCOUNT THE PROVISIONS OF THE NEW CODE OF OBLIGATIONS NUMBERED 6098. THE BINDING AND CONTENT CONTROL STIPULATED IN ARTICLE 21 OF THE NEW CODE OF OBLIGATIONS HAS BEEN MADE BY THE BUYER. NONE OF THE PROVISIONS OF THIS CONTRACT ARE FOREIGN TO THE NATURE OF THIS CONTRACT AND THE NATURE OF THE WORK (CONFUSING TERMS). THE PROVISIONS OF THIS CONTRACT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT IMPLY MORE THAN ONE MEANING.
ARTICLE 3 - SELLER INFORMATION
Title Mehmet Eren Çırak Company
Address: PTT Evleri Mah. Bahcekoy Caddesi 27/A, Sarıyer, Istanbul
Phone: 0530 016 47 28 E-mail: [email protected]
ARTICLE 4 - BUYER (CONSUMER) INFORMATION
Name/Surname/Title:
Address:
Telephone:
E-mail:
ARTICLE 5 - PRODUCT INFORMATION SUBJECT TO THE CONTRACT
The type, quantity, brand / model, color, quantity, sales price, payment method of the Goods / Product / Service are as stated below:
Contract Date:
Delivery Date of the Product: ...
Amount of delivery costs : TL
Goods/Product/Service Type: Flower Delivery
Quantity 1 Piece
Brand/Model:
Advance TL. Sales Price (Taxes Included): TL
ARTICLE 6 - GENERAL PROVISIONS
6.1 The BUYER declares that he / she has read and informed all preliminary information regarding the basic qualities, sales price and payment method and delivery of the product subject to the contract specified in Article 5 and that he / she has given the necessary confirmation electronically.
6.2 The product subject to the contract shall be delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described in the preliminary information depending on the distance of the BUYER's settlement for each product, provided that it does not exceed the legal 30-day period. This period can be extended for a maximum of 10 days provided that the consumer is notified in writing.
6.3 If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.
6.4 The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order. Provided that it is based on a justified reason, the SELLER may supply goods or services of equal quality and price to the SELLER before the contractual performance obligation expires.
6.5 For the delivery of the product subject to the contract, this contract must be confirmed electronically and the price of the order subject to the contract must be paid. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
6.6 If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery period until the preventive situation disappears.
If the BUYER cancels the order, the amount paid by the BUYER shall be returned to him within 10 days.
6.7 In the event that the BUYER's payment obligation in this contract is not realized in any way, the SELLER may initiate enforcement proceedings, file a lawsuit for receivables and apply for other legal remedies in order to collect the price of the product that cannot be collected, together with the interest to be operated over the price of the product on the delivery day and the interest rates stipulated in the contract.
ARTICLE 7 - PAYMENT and DELIVERY
You can make a Bank Transfer or EFT (Electronic Fund Transfer) to any of our YAPI KREDİ BANKASI TR25 0006 7010 0000 0010 0127 64 account (TL).
With your credit cards through our site, you can benefit from online single payment or online installment opportunities for all kinds of credit cards. For online payments, the amount will be debited from your credit card at the end of your order.
ARTICLE 8 - RETURN CONDITIONS
The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
If there is a decrease in the value of the goods for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault. However, the BUYER is not responsible for the changes and deterioration caused by the proper use of the goods or the product within the right of withdrawal.
In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign shall be canceled.
ARTICLE 9 - RIGHT OF WITHDRAWAL
According to Article 7, paragraph 4, subparagraph c of the Regulation on Distance Contracts titled Right of Withdrawal; The consumer cannot use the right of withdrawal in goods prepared in accordance with the wishes of the consumer or his personal needs. In addition, the consumer does not have the right of withdrawal in contracts for the delivery of goods that are not suitable for return due to their nature and are in danger of spoiling quickly or are likely to expire.
ARTICLE 10 - AUTHORIZED COURT
Any complaints and objections due to this Agreement may be made to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the BUYER or SELLER resides according to the monetary limits determined by the Ministry of Customs and Trade in December each year.