DISTANCE SALES CONTRACT
WARNING:
In accordance with the relevant law, please read the following contract text by printing it in 12-point and bold font. In addition; every customer who becomes a member of our website and makes a purchase is deemed to have read and accepted all the articles of our sales contract prepared by us without the need for any other notice.
This contract has been prepared based on the obligation to make a contract for sales made over the internet in accordance with the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation, and the articles are as follows.
ARTICLE 1- SUBJECT
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, sold by the SELLER to the BUYER. The BUYER accepts and declares that he/she is informed about the basic characteristics of the goods/services subject to sale, sales price, payment method, delivery conditions, etc. and all preliminary information and the right of withdrawal regarding the goods/services subject to sale, that he/she has confirmed this preliminary information electronically and then ordered the goods/services in accordance with the provisions of this contract. The preliminary information and invoice on the payment page of www.foreca.com.tr are integral parts of this contract.
ARTICLE 2 – PARTIES
2.1- SELLER INFORMATION
Title: EFOR PASLANMAZ MADENİ EŞYA ÜRETİM VE PAZARLAMA LİMİTED ŞİRKETİ
Address: MAHMUTBEY MAH. 28. YOL SK. KUZEY PLAZA 185 61 BAGCILAR/ ISTANBUL
Tax Office : GUNESLI
Tax Number : 3250596478
Trade Registry : Istanbul Chamber of Commerce 36658-5
Phone : 0212 444 71 93
Email : info@foreca.com.tr
2.2- BUYER INFORMATION
The address and contact information used by the customer when registering to the site are taken as basis. The SELLER does not accept responsibility for members who enter incorrect information.
Person to be Delivered :
Delivery Address :
Telephone :
Fax :
Fax :
E-mail/User Name :
ARTICLE 3- PRODUCT INFORMATION SUBJECT TO THE CONTRACT
3.1- The type, quantity, brand / model, color, number, sales price, payment method of the product consist of the information at the time the order is finalized.
3.2- The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
Type of Goods/Products/Services :
Brand/Model :
Color :
Number :
Number :
Sales Price (VAT excluded) :
Subtotal (VAT included) :
Shipping Fee :
Payment Method :
Delivery Address :
Delivery Person :
Invoice Address :
ARTICLE 4- DELIVERY OF GOODS AND DELIVERY METHOD
4.1- The contract is executed by the BUYER electronically It has entered into force with approval and is fulfilled by the delivery of the product purchased by the BUYER from the SELLER to the BUYER. The product will be delivered to the address specified by the BUYER in the order form and in this Agreement and to the authorized person/persons specified.
4.2- Delivery costs belong to the buyer. If the SELLER has declared on its website that the delivery fee of those who shop above the amount it has declared will be covered by itself or that it will make free delivery within the scope of the campaign, the delivery cost belongs to the SELLER.
ARTICLE 5- CASH ON DELIVERY SERVICE
Cash on delivery service is a payment option provided by the cargo company. The cargo company collects a fee in the specified amount for this service. This service fee belongs to the cargo company and cannot be returned in case of product return. No additional service fee is collected for payments made with the secure payment option by credit card.
ARTICLE 6 - GENERAL PROVISIONS
6.1- The BUYER declares that he/she has read and is informed about the basic characteristics, sales price and payment method of the contractual product or products and all preliminary information regarding delivery and has given the necessary confirmation electronically.
6.2- The contractual product or products shall be delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information 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. This period may be extended for a maximum of 10 days provided that the BUYER is notified in advance.
6.3- If the contractual product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
6.4- The SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the characteristics specified in the order and with the warranty documents and user manuals, if any.
6.5- If the product price is not paid or is cancelled in the bank records for any reason, SELLER
shall be deemed to have been relieved of the obligation to deliver the product.
6.6- BUYER shall inspect the goods/services subject to the Agreement before receiving them; shall not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
6.7- If the relevant bank or financial institution does not pay the product price to SELLER due to the unfair or illegal use of BUYER's credit card by unauthorized persons not caused by BUYER's fault after the delivery of the product, the product must be sent to SELLER within 3 days, provided that it has been delivered to BUYER. In this case, the shipping expenses belong to BUYER.
6.8- If the SELLER cannot deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the elimination of the impeding situation. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to the BUYER in cash and in a single transaction within 10 days.
6.9- Defective or broken products sold with a warranty certificate may be sent to the SELLER for the necessary repair under warranty conditions, in which case the shipping costs shall be covered by the SELLER.
ARTICLE 7- PROTECTION AND SCOPE OF PERSONAL DATA
From the information transferred by the BUYER, all kinds of information related to real persons and all kinds of information related to legal entities but including information related to real persons, especially name, surname, e-mail address, T.R. identity number, residence address etc. information are personal data and that this information will be processed in accordance with the “Personal Data Protection Law” No. 6698 and under the terms of this contract.
ARTICLE 8- RIGHT OF WITHDRAWAL
8.1- BUYER has the right of withdrawal within fourteen (14) days from the delivery of the product subject to the contract to him/her or to the person/organization at the address he/she has indicated, without giving any reason and without assuming any criminal liability.
8.2- In order to use the right of withdrawal, it is required that the SELLER be notified by e-mail or telephone provided in this contract and at foreca.com.tr within this period and that the product has not been used within the framework of the provisions of the relevant article.
8.3- In case of use of this right, BUYER must send the delivered product back to SELLER within ten (10) days. It is mandatory to return the cargo delivery report copy stating that the product delivered to the third party or BUYER was sent to SELLER and the original invoice. The product price shall be refunded to the BUYER within fourteen (14) days from the date on which the notification of the use of the right of withdrawal reaches the SELLER. If the original invoice is not sent, VAT and other legal obligations, if any, shall not be refunded. The cargo cost of the product returned due to the right of withdrawal shall be covered by the BUYER if the goods are not sent back through the carrier specified by the seller for return.
8.4- The right of withdrawal cannot be used in the following contracts:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer's requests or personal needs.
c) Contracts regarding the delivery of goods that are perishable or whose expiration date may have passed.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable in terms of health and hygiene.
d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated by nature.
e) Contracts regarding books, digital content and computer consumables provided in a physical medium if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodical publications such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or resting purposes that must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in an electronic medium or intangible goods delivered to the consumer instantly.
h) Contracts regarding services that are started to be performed with the approval of the consumer before the expiration of the right of withdrawal period.
ARTICLE 9- GENERAL PROVISIONS OF THE SITE
9.1- Minors who have not reached the age of eighteen cannot shop. These persons can only obtain the desired product through their guardians.
9.2- Our customers' products
If the return conditions are met, the price of the sold product will be refunded in full.
9.3- There are many products on our site. The SELLER works without stock for some products and offers you these products by obtaining them from suppliers in case of an order. The stock status of the products is constantly monitored and updated on our site. However, from time to time, there may be situations where a product is out of stock at the time you place an order or it is not possible to supply it for different reasons. The SELLER will make the utmost effort to supply the products you request, and if it still cannot be found, it will notify you by e-mail or telephone and act in accordance with your request such as "sending only the supplied products" or "cancelling the order completely". If only the supplied products are requested to be sent, the price of the product or products that could not be supplied will be refunded. If the order is requested to be cancelled completely, the entire payment will be refunded to the buyer. The refund will be made in the form of a refund for credit card purchases or the return of the money order sent. In both cases, the bank fee that may occur will be covered by the SELLER. This mutual understanding is the product of the SELLER's customer satisfaction and quality policy.
9.4- The product information on the site has been prepared by conducting extensive research, asking experts, and researching the necessary resources. The product information herein is for informational purposes only. The SELLER is not responsible for any problems and negativities that may arise from the information herein.
ARTICLE 10 - DEFAULT
10.1- In the event that the parties fail to fulfill their obligations from the sources of this contract, the provisions of the debtor's default will be applied. In cases of default, if any party fails to fulfill its obligations within the period without a justified reason, the other party will grant the party that did not fulfill its obligation a period of 7 (seven) days to fulfill the obligation in question. If it is fulfilled within this period, the party that did not fulfill its obligation will be considered as a defaulter and the creditor has the right to demand the delivery of the goods and/or termination of the contract and the refund of the price by demanding the performance of the obligation.
10.2- In accordance with the last paragraph of Article 16 of the Distance Contracts Regulation, if the SELLER cannot fulfill its obligations under the contract by claiming that the fulfillment of the ordered goods or services has become impossible (in the event that the product cannot be supplied from the supplier company at all), it undertakes to notify the consumer of this situation before the expiration of the performance obligation arising from the contract. In this case, the SELLER has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the customer and all documents that impose debts, if any.
ARTICLE 11- AUTHORIZED COURT AND LAW
11.1- In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Industry and Trade.
Applications are made to the arbitration committee where the consumer purchased the goods or services or where the consumer resides.
11.2- In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
ARTICLE 12- ENFORCEMENT
This Agreement, consisting of 12 (twelve) articles, has been concluded and entered into force by being read by the Parties and approved electronically by the BUYER on the transaction date. A copy of the Agreement is available in the BUYER's membership account and can also be sent by e-mail upon request.
EN − TL
