DISTANCE SELLING AGREEMENT - TERMS AND CONDITIONS / RIGHT OF WITHDRAWAL NOTIFICATION FORM
Distance Selling Agreement / Right of Withdrawal
Article 1 - Parties
1.1. SELLER INFORMATION
Name: HERITAGE NOMADIC ART GALLERY
(trading as www.turkishrug.com)
Address Canturtaran Mah, Sogukkuyu Cikmazi
Ottoman Hotel Imperial No 1
Fatih, Istanbul, 34122
Phone + 90 553 126 94 97
E-mail: info@turkishrug.com.
1.2. BUYER INFORMATION
Name -
Address:
Phone:
E-mail:
Article 2- SUBJECT
The subject of this contract is the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the SELLER's www.turkishrug.com website. is to determine rights and obligations - Buyer, seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. The BUYER declares that he has been informed by the SELLER in a clear, understandable manner and in accordance with the internet environment, confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on www.turkishrug.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Contract Product/Payment/Delivery Information
The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. The information contained must be accurate and complete. The BUYER agrees to fully cover any damages that may arise from situations where this information is incorrect or incomplete, and the BUYER also accepts any liability that may arise from this situation.
The SELLER reserves the right to stop the order when it deems it necessary, if the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem with the order and cannot reach the BUYER through the telephone, e-mail and mail addresses given by the BUYER, the SELLER freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order to avoid damage to both parties.
Article 4- Contract Date and Force Majeure
The contract date is the date on which the order was placed by the BUYER.
Force majeure (natural disaster, war) is a situation that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time. , terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing.
During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the SELLER
5.1 The SELLER accepts and undertakes to fully fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law on Consumer Protection No. 4077 and the Regulation on Distance Contracts, except for force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop on www.turkishrug.com. The SELLER will assume that the age stated by the BUYER in the contract is correct. However, the SELLER cannot be held responsible in any way if the BUYER writes the age incorrectly.
5.2. www.turkishrug.com is not responsible for price inaccuracies caused by system errors. Accordingly, the SELLER is not responsible for any promotional or price errors that may occur due to the system, design or illegal interventions on the website. The BUYER cannot make a claim against the SELLER based on system errors.
5.3. You can shop at www.turkishrug.com with credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not paid by funds transfer within 2 business days from the order date will be canceled. The processing time of orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as pre-paid postage or postal check made without consulting customer services are not accepted.
Article 6 - Rights and Obligations of the BUYER
6.1. The BUYER accepts and undertakes to fully fulfill the obligations imposed on him in the contract, excluding force majeure.
6.2. By placing an order, the BUYER accepts and undertakes that he/she is deemed to have accepted the terms of the business contract and will make the payment in accordance with the payment method specified in the contract.
6.3. The BUYER can access the SELLER’S name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc., from www.turkishrug.com website. The BUYER also acknowledges that they have received all preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. They also accept and and declare that they have clear, understandable and internet-friendly information on the subject and th confirm this preliminary information electronically.
6.4. Subject to the previous article, the BUYER declares that they have read and informed the www.turkishrug,com order/payment/use procedure information, including the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made, and has given the necessary confirmation electronically.
6.5. If the BUYER wishes to return the product they purchased, they accept and undertake not to damage the product and its’ packaging in any way and to return the original invoice and delivery note at the time of return.
Article 7- Order/Payment Procedure
ORDERS
After the USD amount is approved by the BUYER, it is processed through the POS of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment will not be made until an Order Confirmation e-mail is sent. Any disruption in the process or problems that may arise with the credit card will be notified to the BUYER by using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the BUYER may be asked to contact THEIR bank.
The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to have reached the SELLER’S accounts.
If it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, if the BUYER is immediately informed clearly and understandably and will be require to either give approval to accept other goods of equal quality and priceor cancel the order..
In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the BUYER will be informed of this situation and the total price paid and any documents that put him in debt, if any, are returned to him within ten days at the latest and the contract is cancelled. In such a case, the BUYER will not claim any additional material or moral damage from the seller.
Payment: At www.turkishrug.com, cash transfer order opportunities are offered to BUYERS who do not want to use their credit card information online. When paying by money order or EFT direct funds transfer, the BUYER can choose the bank that best suits him/her and make the transfer. If EFT has been made, the date of transfer to the account will be taken into account. When making a money transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER’S credit card by unauthorized persons, which is not due to the BUYER’S fault, the BUYER will return the delivered product to the SELLER within 10 days. It is mandatory to send it to the return address provided by the SELLER. In such cases, shipping costs belong to the BUYER. If the BUYER has chosen to pay by credit card, the BUYER accepts that they will also confirm the relevant interest rates and information regarding default interest from his 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 legislation in force. declares and undertakes.
Article 8- Shipment/Delivery Procedure
SHIPMENT
Upon sending of the order confirmation e-mail, the product(s) are delivered to the cargo company with which the SELLER has a contract.
DELIVERY
The product(s) will be delivered to the BUYER’S address by the cargo agreed upon by the SELLER. Delivery time is 5-30 days from the dispatch of the Shipping confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the recipient is notified in advance in writing or via a permanent data carrier. .
In the case of damaged during shipping and damaged packages should not be accepted and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the BUYER has the right to open the package there and check that the products have been delivered undamaged and to request that the situation be determined with a report. Once the package is received by the BUYER, it is accepted that the Cargo Company has fulfilled its duty fully. If the package is not accepted and a report is kept, the situation must be reported to the SELLER’S Customer Services as soon as possible, with the copy of the report remaining with the Buyer.
Article 9 - Procedure for Product Return and Right of Withdrawal
PRODUCT RETURN
The BUYER has the right to withdraw from the contract within 14 (FOURTEEN) days after receiving the goods, without giving any reason and without paying any penalty. In order to make a refund in accordance with the general communiqué of the Tax Procedure Law No. 385, the BUYER must advise of intention to return the good/s by either verbal / email communication or by filling in the “Right Of Withdrawal” form provided (below). The right of withdrawal period starts from the day the goods are delivered to the BUYER. The shipping cost of the returned product or products must be borne by the BUYER where local laws do not preclude this.
There is no right of withdrawal for goods prepared in line with the BUYER’S wishes and/or his personal needs.
If the buyer exercises his right of withdrawal, the seller will return the total price received and any documents that put the consumer in debt, if any, within 10 (ten) days from the receipt of the returned goods. The decrease in the value of the delivered goods or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the BUYER, the SELLER must compensate the value of the goods or the decrease in value.
The general return period for any product purchased by mistake is 28 (TWENTY EIGHT) days.
For product returns, the situation must first be reported to the SELLER. Information about sending the product for return will be communicated to the BUYER by the SELLER. After this communication, the product must be delivered to the SELLER according to the SELLER’S instructions
In case of return of goods and services purchased by card, the SELLER will make the refund through same system as payment was made
Article 10 - Warranty
All goods sold on www.turkishrug,com are “as described” and may show signs of previous use of wear over time. However, we do guarantee that we will supply exactly the goods advertised for sale. The seller's warranty liability is valid only for consumers within the scope of Law No. 4077. For commercial works, the provisions of the Turkish Commercial Code will apply.
Article 11- Confidentiality
The information specified by the BUYER in this contract and the information provided to the SELLER for payment purposes will not be shared by the SELLER with ANY third parties. The SELLER will be able to disclose this information only within the scope of administrative/legal obligation. If the SELLER has the information requested within the scope of any judicial investigation with documented research capacity, he can provide it to the relevant authority.
Credit Card information is never stored, Credit Card information is only used to obtain authorization by being transmitted securely to the relevant banks during the collection process and is deleted from the system after the provision.
Information such as the BUYER’S e-mail address, postal address and telephone are used only by the SELLER for standard product delivery and information procedures. In some cases, campaign information, information about new products, and promotional information may be sent to the BUYER, BUT ONLY after the BUYER elects to receive such material formally by “opting in” using the relevant form on www.turkishrug.com
Article 12- Competent Courts and Enforcement Offices in Case of Dispute
In case of a dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place of residence of the Buyer or Seller are authorized up to the value declared by the Ministry of Industry and Trade in December every year.
IF AN ORDER IS PLACED, THE BUYER IS DEEMED TO HAVE ACCEPTED ALL THE CONDITIONS OF THIS DISTANCE SELLING AGREEMENT
Right of Withdrawal / Cancellation Form
UK / EU law requires that, before an Order is placed, Sellers provide Consumers with, a "Form" for use when exercising their “Right of Withdrawal”
However, whilst it is mandated that a Seller provides this ”Form”, it is not essential that a Consumer uses it
_________________________________________________________________Right of Withdrawal / Cancellation Form
DIRECT TO
HERITAGE NOMADIC ART GALLERY
Ugur Karaca
(trading as www.turkishrug.com)
Canturtaran Mah, Sogukkuyu Cikmazi
Ottoman Hotel Imperial No 1
Fatih, Istanbul, 34122
Email: info@turkishrug.com.
Phone: + 90 553 126 94 97
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I/WE hereby give notice that I/WE request to cancel MY/OUR [*] contract of sale of the following goods:
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ORDER # / ITEM DESCRIPTION: _____________________________________-
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Ordered on DATE: _______________ / Received on DATE: _______________
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.NAME OF CONSUMER: ____________________________________________
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ADDRESS OF CONSUMER: ________________________________________
________________________________________
________________________________________
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SIGNATURE OF CONSUMER(s) (only if this form is notified on paper),
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.SIGNED: _______________________________________________
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.DATE: _________________________________