DISTANCE
SALES CONTRACT
Article 1 -
Parties to the Contract:
1.1. Seller
CEMAL TALUK
Web Address:
www.egecustom.com
E-mail:
[email protected]
Phone
Number: +90 5074419696
1.2. Buyer
End Consumer
(CUSTOMER)
Article 2 -
Subject of the Contract:
2.1. The Buyer
acknowledges and declares that they have been informed of all preliminary
information regarding the goods/services subject to sale, including their basic
characteristics, sales price, payment method, delivery terms, etc., and the
right of withdrawal. They have confirmed this preliminary information
electronically and subsequently ordered the goods/services, in accordance with
the provisions of this contract. Furthermore, the person to whom the invoice
for the product will be issued is also a party to the contract. They are
obligated to provide complete, accurate, and complete information. The Buyer
accepts in advance any damages and liability that may arise as a result of
providing incomplete or inaccurate information.
2.2. The
preliminary information and invoice on the payment page of the
www.egecustom.com website are integral parts of this contract.
Article 3 -
Contract Date and Force Majeure:
3.1. These
two copies of the contract, previously signed by the seller, have been signed
and accepted by the buyer on ............., and one copy will be sent to the
buyer's email address.
Force
majeure shall be considered any circumstance that was not present or
foreseeable at the time the contract was signed, that develops beyond the
control of the parties, and that, upon its occurrence, makes it impossible for
one or both parties to partially or fully fulfill their obligations and
responsibilities under the contract, or to fulfill them on time. The party
experiencing the force majeure shall immediately notify the other party in
writing of the situation.
3.2. Force
majeure shall be defined as natural disasters, war, terrorism, riots, changing
legislation, seizures or strikes, lockouts, significant malfunctions in
production and communication facilities, etc.
During the
continuation of the force majeure event, the parties shall have no liability
for their inability to perform their duties. If this force majeure event
continues for 30 (thirty) days, each party shall have the right to terminate
the contract unilaterally.
Article 4 -
Delivery Costs and Performance:
4.1.
Delivery costs are the responsibility of the Buyer. If the Seller has declared
on the website that the delivery costs for purchases exceeding the declared
amount will be covered by the Seller, the delivery costs are the responsibility
of the Seller.
4.2.
Delivery will be made as soon as possible after stock availability and the
payment of the goods has been deposited into the Seller's account. The Seller
shall deliver the goods/services within 30 (thirty) days of the order and
reserves the right to extend this period by an additional 10 (ten) days with
written notice. If, for any reason, the price of the goods/services is not paid
or is cancelled in the bank's records, the Seller shall be deemed to have been
released from its obligation to deliver the goods/services.
Article 5 -
Seller's Rights and Obligations:
5.1. The Seller is responsible for ensuring that the goods/services covered by the contract are delivered intact, complete, and in compliance with the specifications specified in the order, along with any warranty documents and user manuals.
If the
goods/services covered by the contract are to be delivered to a
person/organization other than the Buyer, the Seller cannot be held responsible
if the person/organization refuses to accept the delivery.
The seller
shall accept the return of the goods/services within fourteen (14) days of
receiving the notice of withdrawal. The seller shall refund the price of the
goods/services and any valuable documents, if any, within 10 (ten) days of
receiving the returned product. For justified reasons, the seller may supply
the buyer with goods of equal quality and price before the expiration of the
contractual performance period.
5.2. If the
Seller believes that the performance of the goods/services has become
impossible, it shall notify the Buyer before the contract expires. The paid
price and any documents must be returned within 10 (ten) days. Defective or
damaged goods/services, whether sold with a warranty certificate or not, may be
sent to the Seller for necessary repairs under warranty terms. In such cases,
the delivery costs will be covered by the Buyer.
5.3. The
Buyer cannot be under 18 years of age. If the Buyer is under 18 years of age,
the Seller shall consider the age stated by the Buyer in the contract as the
basis and shall not be held responsible for the Buyer's incorrect age.
If the Buyer fails to make payment within 3 (three) days of the order date, the Sellermay unilaterally terminate the sale.
Article 6 -
Buyer's Rights and Obligations:
6.1. The
Buyer agrees and undertakes to fully perform the obligations assigned to it in
the contract, excluding force majeure. Furthermore, the Buyer agrees and
undertakes that by placing an order, it is deemed to have accepted all the
provisions of this contract.
6.2. The
Buyer will inspect the goods/services subject to the contract before accepting
them. Any damaged or defective goods/services, such as those with dents,
breaks, torn packaging, etc., will not be accepted by the courier company. The
goods/services received will be deemed undamaged and intact. The Buyer is
responsible for carefully protecting the goods/services after delivery. The
invoice included in the cargo package must be retained for returns.
6.3. If the
relevant bank or financial institution fails to pay the Seller the price of the
goods/services after delivery due to unauthorized or illegal use of the Buyer's
credit card by unauthorized persons not due to the Buyer's fault, the Buyer is
obligated to return the goods/services to the Seller within 3 (three) days,
provided they have been delivered to the Buyer. In such cases, the delivery
costs will be borne by the Buyer.
6.4. The
Buyer acknowledges and declares that they have read and are familiar with all
preliminary information regarding the seller and the goods/services on the
www.egecustom.com website, including the right of withdrawal and how to
exercise this right, product order and payment terms, product usage
instructions, precautions taken against possible situations, and warnings. They
are also informed about the official authorities, etc., to whom they can submit
their complaints and objections in a clear, understandable, and online format,
and that they have confirmed this preliminary information electronically.
Article 7 -
Characteristics of the Goods/Services Subject to the Contract:
7.1. The
type, kind, quantity, brand, model, color, and sales price (including all
taxes) of the goods/services are as specified in the information on the
product/service promotion page on the website www.egecustom.com and in the
invoice, which is an integral part of this agreement.
Article 8 -
Cash/Deferred Price of the Goods/Services:
8.1. The
cash/deferred price of the goods/services is as specified in the sample invoice
emailed to the customer at the end of the order and in the invoice sent to the
customer along with the product.
Article 9 -
Order, Payment, Shipment:
9.1. If the
Buyer makes a purchase by credit card and installment plan, the installment
method and number selected on the website will apply. The relevant provisions
of the agreement signed between the Buyer and the cardholder's bank apply to
installment plans. The credit card payment date is determined by the agreement
between the bank and the Buyer. The Buyer can also track the number of
installments and payments on the account statement sent by the bank.
9.2. For
payments made by MONEY ORDER/EFT, the date of payment will be used as the
basis. The order number must be clearly stated on the Money Order/EFT form.
9.3. Payment
for the products added to the buyer's cart is processed through the virtual POS
terminal of the chosen bank. The seller sends a confirmation email to the buyer
before shipping the approved orders. The shipment process begins after the
confirmation email is received.
9.4. Any
disruptions in the process or credit card-related issues will be notified to
the buyer via one or more of the phone/email channels specified in the
contract. If necessary, the buyer may be asked to contact their bank. The
processing time for orders is not the time the order is placed, but the time
the necessary payment is made to the credit card account or the transfer (EFT)
is confirmed to have reached the seller's account.
9.5. In the event that, for a justified reason, it becomes clear that the goods/services subject to the contract cannot be supplied and/or a stock problem is encountered, the buyer may be immediately informed in a clear and understandable manner and consented to. Alternatively, a new product of equal quality and price may be sent to the buyer, or a new product may be sent in accordance with the buyer's wishes and preferences. The order may be cancelled, pending the product's availability in stock or the elimination of any other obstacle to delivery. In the event that the delivery obligation for the goods/services subject to the contract becomes impossible, the buyer will be notified of this situation, and the total price paid and any documents obligating the buyer, if any, will be returned to the buyer within 10 (ten) days at the latest. The contract will be cancelled. In such a case, the buyer will not be entitled to any additional material or moral damages from the seller.
Shipping:
9.6. Upon
receipt of the order and payment confirmation email, the product(s) will be
delivered to the seller's contracted courier company. The seller will email the
tracking number and any other shipping information to the buyer. The delivery
time for the courier is 7 (seven) business days from the contract date. This
can be extended by a maximum of 5 (five) business days, provided the buyer is
notified in writing or by phone.
9.7. In
mobile areas where the courier company cannot deliver to the address, the buyer
is obligated to send the product with a phone call and collect it from the
courier office. The seller cannot be held responsible for any delays or
disruptions caused by the courier company. The buyer must immediately notify
the seller of any delivery issues using the seller's contact information
provided in the contract.
9.8. If the
product is to be delivered to a person/organization other than the buyer, the
seller is not responsible for any additional shipping costs that may arise due
to the delivery person/organization refusing to accept the delivery,
inaccuracies in the shipping information, and/or the buyer's absence.
9.9. Damaged
packages should not be accepted, and a report should be prepared by a courier
company representative. If the courier company representative determines that the
package is not damaged, the buyer has the right to have the package opened, to
verify that the products were delivered undamaged, and to request that a report
be prepared to document the situation. Once the package is received by the
buyer, the courier company is deemed to have fulfilled its duty. If the package
is not accepted and a report is prepared, the situation should be reported to
the seller's Customer Service as soon as possible, along with a copy of the
report kept by the buyer.
Article 10 -
Product Return and Right of Withdrawal Procedure:
10.1. Once
the buyer orders the goods, they will be shipped as quickly as possible and
delivered within 30 days. Because the products you order are limited edition
and custom-made for your vehicle, they are non-refundable. Returns are not
accepted for international sales.
10.2. If the Buyer wishes to return the purchased product, they agree and undertake not to damage the product or its packaging in any way, not to open or use it, and to return the original invoice and delivery note upon return.
10.3. The right of withdrawal does not apply to goods prepared in accordance with the buyer's wishes and/or clearly in line with his personal needs.
10.4. A
decrease in the value of the goods received 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 consumer's fault, the seller must compensate the seller for the
value of the goods or the decrease in value.
10.5. If the
product or its packaging is opened, damaged, broken, damaged, torn, used, or
any other condition is detected on the purchased product or its packaging by
mistake, and if the product cannot be returned in the same condition as when
delivered to the buyer, the product will not be accepted for return, and the
price will not be refunded.
10.6. The
buyer must notify the seller in advance of their wish to exercise their right
of withdrawal. If the returned product reaches the seller and meets the
conditions specified in this contract, it will be considered a return, and the
refund will be made to the buyer's credit card/account. No refund will be made
until the product is returned. The time it takes for refunds made to a credit
card to be reflected in credit card accounts is at the discretion of the
relevant bank. After the seller pays the bank the full price of the product in
one lump sum, any installment payments made through the bank POS terminal can
be refunded to the buyer's credit card in installments. This is at the bank's
discretion.
In the case
of a return of goods and services purchased with a card, the seller cannot pay
the buyer in cash, as per the agreement with the Bank. The merchant, that is,
the seller, will process the refund through the relevant software in the event
of a return. Since the merchant, that is, the seller, is obligated to pay the
relevant amount to the Bank in cash or as a deduction, cash payments cannot be
made to the buyer as per the procedure detailed above. Refunds to credit cards
will be made by the Bank in accordance with the procedure above, after the
buyer makes a single payment to the Bank.
Article 11 -
Product Warranty Terms:
11.1. The
warranty period is as stated on the product page of www.egecustom.com, and the
warranty is determined/implemented by the supplier.
Products
used and cleaned in accordance with the instructions are warranted against all
manufacturing defects under the specified conditions. The seller's warranty liability
applies only to consumers covered by Law No. 4077. The provisions of the
Turkish Commercial Code apply to commercial transactions.
Article 12 -
Confidentiality Obligations:
12.1.
www.egecustom.com will not share this agreement with third parties/institutions
for any reason. Your personal information will not be disclosed to third
parties/institutions for statistical, commercial, or similar purposes.
The seller
may disclose this information only if there is an administrative/legal
obligation. If the seller possesses the requested information in connection
with any legal investigation with documented investigative capacity, it may
provide it to the relevant authority.
Article 13 -
Competent Courts and Institutions:
13.1. In
disputes arising from this agreement, Consumer Arbitration Committees shall
have jurisdiction up to the value declared by the Ministry of Industry and
Trade, and Consumer Courts shall have jurisdiction for disputes exceeding this
value. In places where a Consumer Court is not available, Civil Courts of First
Instance shall have jurisdiction.
SELLER:
Cemal TALUK
Date: