DISTANCE SALES AGREEMENT
ARTICLE 1- PARTIES:
SELLER
Trade Name: Çekim Kimya A.Ş.
Address: Büyükdere Caddesi Kırgülü Sokak Metro City Business Center, Kat:4 D:Blok, PK: 34394 Beşiktaş / İstanbul / TÜRKİYE
MERSIS No: 0189-0605-0160-0017
Phone: +90 850 255 0474
E-Mail: info@no1numberone.com
BUYER / PERSON
Name and Surname:
Address:
Telephone:
ARTICLE 2- SCOPE OF THE CONTRACT:
This contract determines 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, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically (e-commerce) from the website of the SELLER https://www.no1numberone.com.
ARTICLE 3- PRELIMINARY INFORMATION:
Seller,
a) The basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller or supplier, MERSIS number, full address, telephone number and similar contact information, if any,
ç) If the seller or supplier has different contact information for the consumer to convey their complaints, information about them,
d) If the total price of the goods or services, including all taxes, cannot be calculated in advance due to its nature, the method of calculating the price, all transportation, delivery and similar additional costs, if any, and the information that additional costs can be paid if they cannot be calculated in advance,
e) In cases where the cost of using the remote communication tool cannot be calculated over the ordinary fee schedule during the establishment of the contract, the additional cost imposed on the consumers,
f) Information on payment, delivery, performance and commitments, if any, and the methods of resolution of complaints by the seller or supplier,
g) In cases where there is a right of withdrawal, the conditions, duration, procedure of exercising this right and information about the carrier stipulated by the seller for the return,
ğ) Full address, fax number or e-mail information to which the withdrawal notification will be made,
h) In cases where the right of withdrawal cannot be exercised, information on the conditions under which the consumer will not be able to benefit from the right of withdrawal or under what conditions he will lose his right of withdrawal,
ı) Upon the request of the seller or supplier, deposits or other financial guarantees that must be paid or provided by the consumer, if any, and the conditions related thereto,
i) Technical protection measures, if any, that may affect the functionality of digital contents,
j) Information that the vendor or supplier knows, or reasonably expected to know, with which hardware or software the digital content may interoperate
k) In accordance with the provisions of this contract, it accepts and declares that the consumers can make their applications to the Consumer Court or the Consumer Arbitration Committee in accordance with the provisions of this contract, that they have been informed by the Seller in accordance with the internet environment, that they have confirmed this preliminary information electronically and then ordered the goods.
The preliminary information on the https://www.no1numberone.com website and the invoice issued upon the order given by the buyer are integral parts of this contract.
ARTICLE 4- PRODUCT AND DELIVERY INFORMATION:
The type and type, quantity, brand/model, sales price, payment method, recipient person, delivery address, invoice information, shipping fee of the product/products purchased electronically are as stated in the order summary. The SELLER reserves the right to stop the order when it deems necessary, when the information provided by the BUYER does not coincide with the truth.
ARTICLE 4- CONTRACT DATE, DELIVERY, FORCE MAJEURE:
4.1. The date of the contract is the date on which the order is placed by the buyer.
4.2. The delivery costs of the Goods/Services belong to the Buyer. If the Seller has declared on the website that the delivery cost will be borne by him, the delivery costs will be borne by the Seller. Delivery of the goods: It is made within the promised time after the Seller’s stock is available and the payment is made. The Seller delivers the Goods/Services within 1 (one) - 7 (seven) business days from the order of the Goods/Services by the Buyer and reserves the right to extend the time for an additional 7 (seven) business days with written notification within this period.
4.3. Situations that do not exist or are not foreseen at the time of signing the contract, that develop beyond the control of the parties, that make it impossible for one or both parties to fulfill their obligations and responsibilities imposed by the contract, in whole or in part, or to fulfill them on time, force majeure (Natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant breakdown in production and communication facilities, etc.) will be considered as. The party in whose person force majeure occurs shall notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not have any responsibility 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. In accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, the Seller accepts and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
5.2. The Seller fulfills its performance in the contract by delivering the Goods/Services purchased by the Buyer to the Buyer.
5.3. Shopping can be done from https://www.no1numberone.com by credit card (Visa, MasterCard, BKM Express, etc.) or by payment at the door. The processing time of orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account. Payment methods made without contacting customer service, such as paid shipments or postal checks, are not accepted.
ARTICLE 6- RIGHTS AND OBLIGATIONS OF THE BUYER:
6.1. The Buyer agrees and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
6.2. The buyer accepts and undertakes that he/she is deemed to have accepted the provisions of the employment contract by placing an order and that he/she will make the payment in accordance with the payment method specified in the contract.
6.3. Buyer. https://www.no1numberone.com the name, title, full address, telephone and other access information of the seller from the website, the basic characteristics of the goods subject to sale, the sales price including taxes, the method of payment, the terms and costs of delivery, etc., all preliminary information about the goods subject to sale, and the exercise of the right of "withdrawal" and how to exercise this right, the official authorities to which they can submit their complaints and objections, etc., accepts and declares that he/she has information in accordance with the internet environment and that he/she confirms this preliminary information electronically.
6.4. The Buyer should not receive the damaged and defective Goods/Services from the cargo company by inspecting the Goods/Services subject to the Contract before receiving them. If he does, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility of the Goods/Services and damages belong to the Buyer.
6.5. In the event that the relevant bank or financial institution does not pay the cost of the goods/services to the Seller due to the unfair or unlawful use of the Buyer’s credit card by unauthorized persons after the delivery of the Goods/Services, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that it has been delivered to him. In this case, the delivery costs belong to the Buyer.
6.6. If the buyer wishes to return the product he has purchased, he agrees and undertakes 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.
6.7. In the event that it is understood that the goods subject to the contract cannot be supplied and/or a stock problem is encountered, if the Buyer is immediately informed and approved in a clear and understandable manner, another good of equal quality and price may be sent to the Buyer or in line with the buyer’s desire and choice: another new product may be sent, the product may be expected to enter the stocks or other obstacle to delivery may be removed and/or the order may be canceled.
ARTICLE 7- RIGHT OF WITHDRAWAL:
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 exercise the right of withdrawal, the Seller must be notified within this period in accordance with the provisions of the legislation.
In case of exercising the right of withdrawal:
a) It is obligatory to return the product delivered to the Buyer or to the third party notified by him.
b) Within 14 (fourteen) days, the box, packaging, standard accessories, if any, of the products to be returned must be delivered completely and undamaged.
c) Within 10 (ten) days following the exercise of the right of withdrawal and the receipt of the information, the product price is returned to the Buyer as paid.
d) When the product is returned to the Seller, the original invoice submitted to the Buyer at the time of delivery of the product must also be returned. Return shipping cost belongs to the Seller. It will be returned by filling in the return section of the invoice to be returned with the product and signed by the Buyer.
e) The period of right of withdrawal starts from the day the goods are delivered to the buyer.
f)In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging, and if the product cannot be returned as it was when it was delivered to the buyer, the product will not be returned and the price will not be refunded.
ARTICLE 8- SITUATIONS IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:
a) Contracts for goods or services whose price varies depending on fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery: contracts for the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
ğ) Contracts for services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts for services that are started to be performed with the approval of the consumer before the expiry of the right of withdrawal.
ARTICLE 10-CONFIDENTIALITY AND MEMBERSHIP:
The Confidentiality Agreement and Membership Agreement on the https://www.no1numberone.com website have been approved by the parties and are an integral part of this agreement.
ARTICLE 11- DEFAULT OF THE BUYER:
11.1 In the event that the buyer defaults in the transactions made with his credit card, he will pay interest and be liable to the bank within the framework of the credit card agreement made by the cardholder bank with him. In this case, the relevant bank may apply for legal remedies: it may demand the costs and attorney’s fees from the Buyer. The seller has no responsibility in this regard.
11.2. In the event that the Buyer defaults in receiving the product and is not at the delivery address notified by the Buyer, the relevant product is received from the relevant branch of the cargo company within 3 (three) days at the latest. Otherwise, the Seller is deemed to have fulfilled the contract and the shipment (cargo) costs for the product shipped for the second time at the request of the Buyer belong to the Buyer.
ARTICLE 12- EVIDENCE AGREEMENT:
The Buyer accepts, declares and undertakes that the Seller’s official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding, final and exclusive evidence in disputes that may arise from this Agreement, and that this article is in the nature of an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 13- COMPETENT COURTS AND ENFORCEMENT OFFICES IN DISPUTES:
In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and Bakırköy Consumer Courts are authorized up to the value announced by the Ministry of Industry and Trade in December every year.
ARTICLE 14- FINAL PROVISION:
This Agreement, consisting of 14 (fourteen) articles, has been concluded by reading the Parties and approved by the Buyer electronically and has entered into force immediately.
| SELLER | BUYER |
| Çekim Kimya A.Ş. |
