Preliminary Information Form
PRE-INFORMATION FORM
1. SUBJECT
The subject of this Sales Agreement Pre-Information Form is the rights and obligations of the parties in relation to the sale and delivery of the product/products whose qualifications and sales price are specified below, which the SELLER sells to the ORDERER/BUYER, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers - Distance Sales Regulation (Official Gazette: 27.11.2014/29188). By accepting this pre-information form, the BUYER acknowledges in advance that if he approves the order subject to the contract, he will be obliged to pay the price of the order and any additional fees such as shipping costs, taxes, and that he has been informed about this.
2. SELLER INFORMATION
Title: [firmaadi]
Address: [firmaadresi]
Phone: [firmatelno]
Tax ID: [firmaverno]
Tax Office: [firmaverdaire]
Email: info@elaraistanbul.com
3. BUYER INFORMATION (Hereinafter referred to as BUYER)
Recipient: [adsoyad]
Delivery Address: [adres]
Phone: [telefon]
Email/username: [email]
TR ID No: [tc]
4. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE AGREEMENT
4.1 The basic features (type, quantity, brand/model, color, number) of the goods / products / services are available on the seller's website. You can review the basic features of the product during the campaign period. It is valid until the campaign date.
4.2 The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
4.3 The sales price of the good or service subject to the contract, including all taxes, is shown in the table below.
[satin_alinan_urunler]
Payment Method: [odemeyontemi]
Delivery Address: [aliciadres]
Billing Address: [adres]
IP Address: [ipadresibilgisi]
Order Date: [tarih]
5. GENERAL PROVISIONS
5.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information regarding the basic qualities, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, and have provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information regarding the address to be provided by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the prices of the products including taxes, and the payment and delivery information.
5.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
5.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order and, if any, with warranty documents, user manuals, free from all defects, in accordance with legal regulations, sound, compliant with standards, with the necessary information and documents for the job, to perform the work based on principles of accuracy and honesty, to maintain and improve service quality, to show due care and diligence during the performance of the work, and to act with foresight and caution.
5.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
5.5. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of providing the product or service subject to the order, the SELLER undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total amount to the BUYER within 14 days.
5.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Pre-Information Form electronically for the delivery of the product subject to the contract, and that in the event that the price of the product subject to the contract is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will cease.
5.7. The BUYER acknowledges, declares, and undertakes that if the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs belonging to the SELLER.
5.8. The SELLER acknowledges, declares, and undertakes that if the product subject to the contract cannot be delivered within the period due to force majeure events such as unforeseen circumstances beyond the control of the parties, which prevent and/or delay the parties from fulfilling their obligations, it will inform the BUYER. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with an equivalent one if available, and/or the postponement of the delivery period until the obstacle is removed. In the event that the order is canceled by the BUYER for payments made in cash, the product amount will be paid back to them in cash and in full within 14 days. For payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after it has been refunded to the bank is entirely related to the bank's transaction process, and therefore the BUYER cannot hold the SELLER responsible for possible delays.
6. INVOICE INFORMATION
Name/Surname/Title: [adsoyad]
Address: [adres]
Phone: [telefon]
Email/username: [email]
TR ID No: [tc]
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
7. RIGHT OF WITHDRAWAL
7.1. In distance contracts for the sale of goods, the BUYER may exercise their right of withdrawal by rejecting the goods without undertaking any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to them or to the person/entity at the address indicated by them. In distance contracts for the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's consent before the right of withdrawal period expires. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
7.2. To exercise the right of withdrawal, written notification must be made to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions set out in this contract. In the event that this right is exercised,
7.2.1 The invoice for the product delivered to the 3rd party or the BUYER (If the invoice for the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)
7.2.2. Return form,
7.2.3. The returned products must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
7.2.4. The SELLER is obliged to return the total amount and the documents that put the BUYER into debt to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them and to take back the goods within 20 days.
7.2.5. If there is a decrease in the value of the goods due to a fault of the BUYER, or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the right of withdrawal period.
7.2.6. If the campaign limit amount organized by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign will be canceled.
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
8.1. a) Contracts relating to goods or services whose prices fluctuate in financial markets and are beyond the control of the seller or provider.
b) Contracts relating to goods prepared in accordance with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or whose expiration date may pass.
ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts relating to books, digital content and computer consumables, data recording and data storage devices presented in a physical environment, if their protective elements such as packaging, tape, seal, package have been opened after delivery.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.
g) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure time activities for entertainment or recreation that must be made on a specific date or period.
ğ) Contracts relating to services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts relating to services that begin to be performed with the consumer's consent before the right of withdrawal period expires.
Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, undamaged, and unused for return.
8.2. The SELLER may submit complaints and objections to the consumer arbitration board or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding monetary limits is as follows:
Effective from 28/05/2014:
a) For disputes with a value below 2,000.00 (two thousand) TL, according to Article 68 of the Law No. 6502 on Consumer Protection, applications are made to district consumer arbitration boards.
b) For disputes with a value below 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration boards.
c) In provinces with metropolitan status, applications for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are made to provincial consumer arbitration boards.
This Agreement is made for commercial purposes.
SELLER: [firmaadi]
BUYER: [adsoyad]
DATE: [tarih]