Sales Agreement

EVMODA CORPORATE

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Sales Agreement

  1. SIDES
    1. SALES PERSON:

Title

Evmoda Durable Consumer Goods Textile and Furniture Trade. Ltd. Ltd. (Hereinafter referred to as " SELLER ".)

Mersis Number

0383041724600019

Head Office Address

Selahaddin Eyyubi Mah. Ugur Mumcu Cad. No: 33 İç Kapı No: 14 Esenyurt / Istanbul

Return Address

………………………………………………….

Telephone

………………………………………………….

Fax

……………………………………………

Email

……………………………………………

    1. The contact information of the SELLER is as above and the BUYER will forward his/her complaints, if any, to this address.

    1. BUYER:

Name and surname


[Hereinafter referred to as “ BUYER ”]

Turkish Republic No

Address

Telephone

Fax

Email

    1. Within the scope of this Distance Selling Agreement, SELLER and BUYER will be referred to individually as " Party " and together as " Parties ".

    1. BUYER accepts that the information provided in this article is correct and belongs to him. If the BUYER cannot be reached with the information provided, the SELLER will not be responsible and all liability for disputes arising from this reason will belong to the BUYER.
  1. SUBJECT

The subject of this Distance Sales Agreement (hereinafter referred to as the "Agreement" ) is the Law on the Protection of Consumers No. 6502 and the Law No. 6502 on the Protection of Consumers regarding the sale and delivery of the product(s) whose qualifications and sales prices are specified below through the website www.evmoda.com.tr. It covers the regulation of the rights and obligations of the Parties in accordance with the provisions of the Regulation on Distance Contracts (“Regulation”) published in the Official Gazette dated 27 November 2014 and numbered 29188. By accepting this Agreement, the BUYER accepts in advance that if he approves the order, he will be obliged to pay the price subject to the order and additional fees, such as shipping fee and tax, if any, and that he has been informed about this.

  1. INFORMATION OF THE PRODUCT(S) SUBJECT TO THE CONTRACT

    1. The basic features of the Product/Products/Service (type, quantity, brand/model, color, quantity, sales price, payment method) are available on the SELLER's website and 3.3. It is included in the table in the article. The basic features of the product are valid during the campaign and until the campaign date.
    2. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the period.
    3. The sales price of the goods or services subject to the order, including all taxes, is shown in the table below :

Goods / Product / Service Type

Brand/Model/Color

MOQ

Sales Price (including VAT)

Shipping Fee

Payment Method and Plan

Delivery address

Delivery Person

Billing address

  1. GENERAL PROVISIONS

    1. BUYER, on the website, the basic characteristics of the product(s) subject to the contract, the sales price including VAT, the validity period of all commitments of the SELLER, including the price, and preliminary information regarding the payment method and delivery, the right of withdrawal and how to use it, the fee if there is a cost to be covered by the BUYER, The BUYER accepts, declares and undertakes that he/she has read and informed the SELLER's full address, phone number and other access information regarding the delivery and performance times of the product(s) subject to the contract, to which the BUYER can submit his/her demands and complaints, and has given the necessary confirmation electronically.
    1. BUYER accepts, declares and undertakes that people under the age of 18 cannot shop on the website, even if the product(s) intended for children are offered for sale, and that the SELLER will not be responsible in any way for any damages suffered by third parties due to ordering products in violation of this rule. If the SELLER determines that this article has been violated, it has the right to cancel the order and terminate the Agreement.

    1. The product(s) subject to the order will be delivered within 30 (thirty) days at the latest from the order date, in accordance with the provisions of the Consumer Protection Law No. 6502. If the product(s) cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract. However, for product sales specially prepared in line with the BUYER's request or personal needs, the delivery time may exceed 30 (thirty) days and in this case, the BUYER will not be able to terminate the contract on the grounds that the delivery period has passed.
    1. SELLER is responsible for delivering the product(s) subject to the contract intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. The BUYER and/or the person receiving the delivery is obliged to check whether the product/products are intact, complete, undamaged, in accordance with the specified qualifications and as required by the legislation. A report must be kept with the SELLER transportation authority and/or transportation company officer (cargo companies, etc.) regarding the product(s) that are determined to be damaged during delivery.

    1. The sales price and delivery fee, including VAT, determined by this Agreement for the product(s) ordered by the BUYER within the scope of this Agreement, will be paid in accordance with the payment methods and conditions specified in this Agreement.
    1. SELLER is not responsible for deductions made by banks under other names during payments.

    1. The delivery costs of the product(s) subject to the order belong to the BUYER, unless there is a provision to the contrary. If the SELLER has declared that the delivery cost of the product(s) subject to the order will be covered by the SELLER, the delivery costs will be borne by the SELLER.
    1. BUYER acknowledges that he/she has confirmed this Agreement electronically for the delivery of the product(s) subject to the order, and that in case the price of the product(s) subject to the order is not paid for any reason and/or is canceled in the bank records, the SELLER's delivery obligation for the product(s) subject to the order and the Agreement shall be terminated. He accepts, declares and undertakes that he knows that his other obligations arising from .

    1. If the price of the product(s) subject to the order is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product(s) subject to the order to the BUYER or the person and/or organization at the address indicated by the BUYER. accepts, declares and undertakes that it will return the product(s) subject to the order to the SELLER within 3 days, at its own expense. If the failure to pay for the product(s) is due to an unfair instruction or objection of the BUYER to the bank, or a defect or negligence, the transportation costs will still be covered by the BUYER. All contractual and legal rights of the SELLER, including tracking its receivables arising from the order, without accepting the return, are also reserved.
    1. In cases where the delivery of the product(s) becomes impossible, the SELLER must notify the BUYER in writing or via a data logger of this impossibility within 3 (three) days from the date of learning of this situation and notify all payments collected, including delivery costs, if any. It must be returned to the BUYER within 14 (fourteen) days at the latest from the date of delivery.

    1. The product(s) will be delivered to the delivery point chosen by the BUYER by the SELLER or by the SELLER's contracted transportation company. SELLER shares the shipping area with the BUYER. If the BUYER's delivery address is outside the shipping area, the SELLER has the right to cancel the order. In case of cancellation of the order, if the price of the product(s) has been collected, it will be refunded to the BUYER within 14 days.
    1. If the BUYER requests the product(s) to be sent by another transportation company other than the transportation company with which the SELLER has a contract, the SELLER will not be held responsible for any loss or damage and transportation costs that may occur after the delivery of the product(s) to the relevant transportation company.

    1. If the product(s) will be delivered to a person/organization other than the BUYER, the SELLER is not responsible for extra delivery costs that may arise from the person/organization to be delivered not accepting the delivery, inaccuracy in the shipping information and/or the absence of the BUYER or the third party determined by the BUYER. . If the product(s) subject to the Agreement have not reached the BUYER within the day(s) agreed upon in this Agreement, delivery problems must be reported to customer services immediately.
    1. Even if the BUYER or the third party designated by the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. For this reason, the BUYER is responsible for any losses, damages and expenses arising from the BUYER's late receipt of the product(s) and/or not receiving it at all.

    1. If the BUYER or the third party designated by the BUYER does not receive the product(s) for any reason, the BUYER will be deemed to have returned the product(s), and in this case, all payments collected from the BUYER, including delivery costs, if any, will be paid within the legal period of 14 (14 days). It will be returned to the BUYER within fourteen) days.
  1. RIGHT OF WITHDRAWAL AND CASES WHERE THIS RIGHT CANNOT BE USED

 

    1. BUYER may exercise the right of withdrawal granted to him/her in accordance with the relevant legislation within 14 (fourteen) days from the delivery of the product(s) ordered and approved by this Agreement to himself/herself or to the third party at the address notified. In order for the BUYER to exercise his right of withdrawal, he must notify the SELLER in writing or via a permanent data recorder within this period, and the product(s) must be subject to withdrawal as determined in the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014. It must not be a product(s) for which the right cannot be exercised, or it must not have suffered any damage that would prevent the product(s) from being offered for resale other than ordinary use, and it must not have been used in this way.
    1. In determining the right of withdrawal period, for goods that are subject to a single order and delivered separately, the day when the BUYER or the third party designated by the BUYER receives the last goods; For goods consisting of more than one piece, the date on which the BUYER or the third party designated by the BUYER receives the last piece is taken as basis.

    1. Within the scope of Article 15 of the Distance Contracts Regulation published in the Official Gazette dated 27 November 2014 and numbered 29188, the BUYER will not be able to exercise the right of withdrawal for the goods subject to the following contracts and, but not limited to, similar 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 wishes or personal needs of the consumer.
c) Contracts for the delivery of goods that can quickly deteriorate or expire.
d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of 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 due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services whose performance started with the approval of the consumer before the right of withdrawal expires.
i) Contracts regarding movables that must be registered in accordance with the Highway Traffic Law No. 2918 dated 13/10/1983 and unmanned aerial vehicles that require registration or registration.
i) Contracts regarding mobile phones, smart watches, tablets and computers delivered to the consumer.
j) Contracts concluded through auction in the form of live auction.
k) Contracts regarding the installation or assembly of the goods specified in the introduction and user manual to be installed or assembled by the seller or authorized service.

    1. If the BUYER exercises his/her right of withdrawal by notifying the SELLER in writing or via permanent data storage within 14 (fourteen) days following the delivery of the product(s), the SELLER shall return the product(s) as it was first sold, that is, disassembled, together with the original invoice. is responsible for receiving it.

    1. BUYER has the right to withdraw before the delivery of the product(s). If the BUYER does not use the product(s) in accordance with its operation, technical specifications and usage instructions within the withdrawal period, the BUYER is responsible for the changes and deteriorations that occur, and the BUYER is obliged to compensate for the decrease in value of the product(s).
    1. The SELLER will collect the product(s) to be returned by the BUYER due to the exercise of the right of withdrawal, through the transportation company with which the SELLER has an agreement, and at a time (date) to be determined by prior agreement with the SELLER.

    1. In order for the BUYER to learn the transportation company with which the SELLER has an agreement as of the date of approval of this Agreement, the BUYER should provide the SELLER with the information in Article 1.1 of the Agreement. You must contact us via the phone number in the article or the "Contact Us" tab on the internet address https://evmoda.com.tr/. If the BUYER sends the product(s) to be returned through a shipping company of his/her own choice and with which the SELLER is not contracted, the shipping cost/return expense will be covered by the BUYER. If requested by the BUYER, shipping cost/return cost; It can be deducted from the cost of goods or services to be returned to him/her.
    1. If the right of withdrawal is exercised, the SELLER will refund the price and delivery costs of the product/products to the BUYER within 14 (fourteen) days from the date on which the notification regarding the exercise of the right of withdrawal reaches the SELLER, in accordance with the payment instrument used by the BUYER when purchasing. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank transaction process, the SELLER cannot be held responsible for late payments that may be made to the BUYER due to the bank. BUYER accepts, declares and undertakes that it is not possible for SELLER to intervene in any way for possible delays caused by the bank and that he/she has been informed that the reflection of the amount returned by SELLER to BUYER's credit card to BUYER's account by the bank may vary for each bank.

    1. If the original sales invoice is not sent, value added tax and other legal obligations, if any, will not be refunded.
    1. Within 10 (ten) days from the date on which the BUYER sends the notification to the SELLER stating that he/she has exercised his/her right of withdrawal, 1.1. to deliver the product(s) subject to the contract to the SELLER. You must send it back to the product return address specified in the article.

  1. DISPUTE RESOLUTION METHODS

Applications regarding consumer complaints and objections can be made to the Consumer Arbitration Committee or Consumer Court in the place where the consumer purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey.

  1. PROTECTION OF PERSONAL DATA

    1. The information contained in this Agreement is provided for commercial purposes in accordance with the remote communication tools used and within the framework of good faith principles, in a way to protect minors and adults who lack the power of discrimination or have limited discrimination.
    1. The SELLER stores some of the personal information of the BUYER (such as name-surname, telephone, TR Identity Number, address or e-mail addresses, etc.) included in the Distance Sales Contract and Preliminary Information Form, as the data controller.

    1. SELLER may provide information such as name-surname, telephone number, TR Identity Number, address, e-mail address, date of birth requested during the shopping phase, outside the purpose and scope determined by this Agreement; may use it to contact the BUYER when necessary or may store or process this information. Personal data can also be transferred to, processed and used by companies with which the SELLER cooperates, in order to conduct research for the purpose of improving the SELLER's processes, creating a database, market research and communication/marketing activities.
    1. BUYER declares and accepts that he/she expressly consents to the transmission, processing and storage of members' personal data to real and/or legal persons with whom the SELLER cooperates for the specified purposes, within the scope of the Personal Data Protection Law No. 6698.

    1. BUYER; At any time, you can apply to the Data Controller SELLER within the scope of the Law on the Protection of Personal Data to learn whether your personal data is being processed or not, to request information about your personal data if any, to learn the purpose of processing of personal data and whether these data are used in accordance with the purpose, to know the third parties to whom your personal data is transferred. to know, to request the correction of errors in personal data and to request this correction from the relevant third party if a transfer has been made, to request the deletion, destruction or anonymization of these data if the reasons requiring the processing of personal data are eliminated, and to request that this request be forwarded to the transferred third party if a transfer has been made. , has the right to object to a negative result regarding the person as a result of the processed data, and to claim damages within the framework of the law in case of damage arising from data processing contrary to the Personal Data Protection Law No. 6698.
    1. BUYER accepts and declares that he/she has been informed that he/she can easily and free of charge remove the messages sent by the SELLER and from the sending list by sending an e-mail to [email protected] e-mail address and upon express request.

BUYER:
Name surname:
Telephone:
Email:
History: