Sales Agreement of Exxeselection
PARTIES AND SUBJECT
This agreement includes the, rights, laws and obligations of the parties. The order form (which contains information about the: product, quality-quantity, sale price, payment, shipping fee and procedure) which is filled in (electronically) by the person (hereinafter referred to as BUYER) buying products (hereinafter referred to as PRODUCT/PRODUCTS) on www.exxeselection.com (hereinafter referred to as WEBSITE) from Cetin Family (hereinafter referred to as SELLER) (at No. 34 Defne Sokak, Barış Mahallesi, Nilüfer, Bursa 16140 / Tel: +90 224 453 3100 - email: firstname.lastname@example.org), is determined under the provisions of the Law on the Protection of Consumers, Application of Distance Contracts and Regulation on Procedures.
RIGHT OF WITHDRAWAL
The BUYER, has the right to withdraw from the agreement (without undertaking any legal and/or criminal liability and without any justification) by refusing the PRODUCT(S) within 14 days. In case of the PRODUCT(S) being used within the given duration, the goods must be returned within 20 days of notifying our customer service.
However, in accordance with legal regulations, PRODUCT(S) (even if unused) that cannot be withdrawn are: goods personalised and/or altered for the customer, cosmetics and beauty products, goods non-returnable by nature such as food, opened CD packaging, DVDs, software programs and computer consumables, newspapers/magazines, betting and lottery services, electronic products and intangible property that is instantly delivered to the BUYER. Also, the PRODUCT(S) that are in full force and effect within the right of cancellation with the approval of the BUYER and other PRODUCT(S) accepted outside the scope of distance sales in accordance with the relevant legislation.
In order to use the right of withdrawal, a declaration to the SELLER must be made within the legal 14 day period (e.g. e-mail or letter of notification). When/If this right is used, besides the written notification (mentioned), the purchase invoice and copy of the return delivery receipt (of the PRODUCT(S) must be sent to the SELLER as proof of the return. The BUYER must provide their full name and signature on the back of the purchase invoice, otherwise, the return will not be accepted.
After the PRODUCT(S) and documents (as mentioned above) have reached the SELLER, the BUYER will receive a refund for the PRODUCT(S) within the following 10 days. Credit card payments shall also be refunded to the BUYER’s credit card (The provisions and explanations relating to Act 7 of General Provisions, gives validation for the use of the right of withdrawal and in cases of returns).
With PRODUCT(S) that are approved for the right of withdrawal, (in accordance with legislation) if there is a defect in the PRODUCT(S), any alteration of the PRODUCT(S) and/or decrease in value of the PRODUCT(S) caused by the BUYER, then he/she must compensate (to the SELLER) for this damage.
1. The BUYER has read, accepted and acknowledged the necessary information for sale in electronic environment including: the qualities of PRODUCT(S) shown on the website, sales prices (including all tax fees), payment method, pre-information about delivery, withdrawal rights and the terms and conditions of use.
2. Depending on PRODUCT(S) stock and BUYER’s (person/organisation) place of residence, the PRODUCT(S) will be delivered to the BUYER by the SELLER’s contracted cargo company within the legal 30 day period.
3. Unless otherwise stated, the BUYER has sole responsibility for shipping and delivery charges. Depending on the results of campaigns carried out on the WEBSITE, the SELLER may not reflect all/or part of shipping/delivery charges to the BUYER.
4. In case of the BUYER not being at the delivery address at the time of delivery, the SELLER shall still be deemed fulfilled and complete. In case of nobody receiving the cargo at the time of delivery, it is the BUYER’s responsibility to contact and follow their delivery through the cargo company. If the PRODUCT(S) happens to be delivered to another person/organisation other than the BUYER, the SELLER holds no responsibility.
5. It is the BUYER’s responsibility to check the PRODUCT(S) (at delivery) in case of any problem caused by the cargo. In case of any problem with the product during delivery, the BUYER is not to accept the PRODUCT(S) and it is the duty of the cargo firm's official to keep a record. Otherwise, the SELLER will not accept any responsibility. At the request of the SELLER: During the delivery of the PRODUCT(S), the BUYER is obliged to sign the printed copy of this agreement. In case of nonsigning, the return (delivery) of the PRODUCT(S) may not be possible. This Agreement, which was approved by the BUYER during shopping on Exxe Selection, is sufficient under all circumstances.
6. Unless the SELLER has stated otherwise, the BUYER must pay the full costs of the PRODUCT(S) before the delivery. The SELLER may unilaterally cancel the Agreement and not deliver the PRODUCT(S) if the costs of the cash sale or installment payments is paid in full amount. In case the bank/financing institution cannot pay the PRODUCT(S) price to the SELLER due to any reason (after the product delivery), the PRODUCT(S) shall be returned to the SELLER within 3 days at the latest. Without the acceptance of a refund, the SELLER has all statutory and legal rights to track the purchase payment. In order to avoid hesitation; the BUYER is benefited to make the purchase payments through credit cards and installment cards which he/she owns from banks and financial institutions. The sales of PRODUCT(S) that occur in this framework are either a one time payment or in parts, whereas the sales for the parties to the Agreement is sold in advance. The legal rights of the SELLER in cases of legal sales (including the right to terminate the agreement if the installments are not paid and/or demand all remaining debts to be paid together with the default interest) are available and reserved. 5% default interest is applied on the default of the BUYER.
7. The SELLER shall inform the BUYER if it is not possible to deliver the PRODUCT(S) within the legal 30-day period due to reasons of extraordinary circumstances (air resistance, heavy traffic, earthquake, flood, fire) beyond normal sales/delivery conditions. In this case, the BUYER can cancel the order, order a similar product or wait until the situation is resolved. In case of cancellation of the order, if the PRODUCT(S) have already been paid for, the payment will be returned to the BUYER within 7 days from cancellation. Credit card payments are also refunded to the BUYER’s credit card within 7 days after cancelling the order. The BUYER agrees in advance that: The SELLER will not be able to intervene and hold liability for possible payment delays since it is directly related to the bank's transaction process after the SELLER’s (bank) transfer. (Banks may take three weeks to refund payments into the BUYER’s account).
8. With informed consent of the BUYER: The SELLER may supply other PRODUCT(S) of equal price and quality, in case it is understood that the PRODUCT(S) are unable to be procured. In this case, the Agreement obligation shall be deemed fulfilled. In cases where the BUYER does not give consent, the provisions relating to cancellation of orders shall apply.
9. If the BUYER has any complaints or requests in relation to PRODUCTS and/or sales, he/she may notify the SELLER through the ‘contact us’ section on the top left corner of the website. At the request of the SELLER: During the delivery of the PRODUCT(S), the BUYER is obliged to sign the printed copy of this agreement. In case of nonsigning, the return (delivery) of the PRODUCT(S) may not be possible. This Agreement, which was approved by the BUYER during shopping on Exxe Selection, is sufficient under all circumstances.
10. This Agreement (following receipt and confirmation of the preliminary information by the BUYER), shall remain in full force and effect until the parties fulfill the payment/delivery obligations arising from the Agreement (without prejudice to the relevant provisions).
EVIDENCE AGREEMENT AND AUTHORISED COURT
The SELLER records (including magnetic media recordings such as computer-audio recordings) for any dispute arising out of/in connection with this Agreement and/or its application constitutes conclusive evidence. Consumer Arbitration Committees are authorised for monetary limits determined within the framework of legislation and Consumer Courts are authorised for cases of exceeding monetary limits.
(Information of Monetary Base below)
In effect since January 1, 2016:
Application to the Consumer Arbitration Committees is obligatory in the cases of disputes under:
- Two thousand three hundred and twenty Turkish Liras
- Three thousand four hundred and eighty Turkish Liras
- (Between) Two thousand three hundred and twenty Turkish Liras and three thousand four hundred eighty Turkish Liras (in metropolitan cities).
In cases of necessity, the Consumer Tribunal may be consulted after the application or for disputes over these values.
The BUYER has read, accepted and acknowledged the necessary information for sale in electronic environment including: the qualities of products shown on the website, sales prices (including all tax fees), payment method, pre-information about delivery, withdrawal rights and the terms and conditions of use.