Distance selling contract
ARTICLE 1 Seller's Details Title: SANDA EUROPE INCORPORATED COMPANY Address: C/ Lagasca, 50, 28001, Madrid. Phone: 0850 800 25 78 E-mail :info@shopmaksu.com Complaint Line : 0850 800 25 78
ARTICLE 2 Buyer's Details Name/Title : [CustomerName] Delivery Address : [DeliveryAddress] Phone : [Gsm] E-mail: [CustomerEmailAddress] IP address : [CustomerIp]
ARTICLE 3 Subject Matter The subject matter of this Initial Information Form ("Form") is to provide information about sales and delivery of the Products, the specifications and sales price of which provided below, ("Products") pursuant to the provisions of Consumer Protection Act No 6502, and Remote Agreements Regulation published in Official Gazette No 27866 of March 6, 2011. ARTICLE 4 Basic Specifications of the Product Sold and Payment Details 4.1. The description, unit price, quantity and payment conditions of the products are provided below and such information is also consented by Buyer.
4.2. Cargo charge shall be paid by Buyer
ARTICLE 5 Validity Period of the Guarantees The prices provided in Article 4.1 are the sales price. The prices and guarantees provided are valid until they are updated and changed. The prices for a certain period of time are valid until the lapse of said period.
ARTICLE 6 Delivery of Products 6.1. Products shall be delivered in no later than 30 days following the order date to the delivery address provided by Buyer or person/company at such other addresses provided by Buyer in good conditions and packaged manner. Such period of time may be extended for a maximum ten days with a prior notification in writing or through a continuous data carrier. 6.2. If the Products will be delivered to other real/legal entity other than Buyer, Seller shall not held responsible for if such recipient refuses to accept delivery of the product. 6.3. Buyer is responsible for checking the Products at the moment of delivery and notify Seller immediately the defects that she finds out.
ARTICLE 7 RIGHT TO WITHDRAW 7.1 The Buyer can exercise her right to withdraw from the remote agreements for sales product by refusing to accept the good without any reason and without any civil or criminal penalty in 14 (fourteen) days following the delivery of the purchased product to the buyer itself or the person/company provided by buyer. 7.2 In order for Buyer to exercise right to withdraw, she must send written notification to Seller via certified mail, electronic mail or fax in such 14 (fourteen) days. 7.3 In order to process the return procedure, the return form that we delivered to you must fully be filled in and put in the return package and the return form on the www.machka.com.tr must be filled in. 7.4 The products to be returned must be delivered together with the box, package and standard accessories, if any. 7.5 Seller is obliged to return the total price and the documents which obligates Buyer no later than 20 (twenty) days following the receipt of the withdrawal notification and accept the returned products in 20 (twenty) days. 7.6 The cargo cost of the Products returned due to the withdrawal right shall be paid by Seller. 7.7 It is not a precondition for exercising the right to withdraw that the value of the product delivered decrements or any causes which makes return impossible exist. However, if such value decrement or impossible return occur due to the failure of the consumer, she must compensate Seller the value of the product or such decrement. Changes or deterioration due to regular use of the product are not counted as value decrement.
ARTICLE 8 Products Exempt From The Right Of Withdrawal No right of withdrawal can be exercised for the agreements for the products which are produced according to requests or explicitly personal requirements of Buyer, not returnable due to its nature and prone to fast deterioration or subject to possibility of expired best before date as well as agreements for the voice or image records, software programs and computer consumables provided that its package is opened by Buyer.
ARTICLE 8 General Provisions 8.1 Buyer represents that he read and is aware of and provide the necessary written consent to initial information regarding the basic specifications, sales price and payment method of the Products subject to sales in this Form herein. 8.2 Buyer, with confirming this Form, confirms accurate and complete receipt of the address, basic specifications of the Products ordered, tax inclusive prices of the Products, payment and delivery details that must be provided by Seller to Consumer, before entering into the remote agreements. 8.3 Seller is not held liable for failure in delivery of the Product to Buyer due to any kind of problems that Courier Company may experience during the delivery of the Products to Buyer. 8.4 Seller is responsible for delivering the Products in good conditions, completely, with specifications as indicated in the order and together with warranty documents and user's guide, if any. 8.5 If it is understood prior to delivery of the Products that the Products cannot be supplied due to justified reasons, Seller may provide Seller a Product which has equal quality and different price provided that Buyer is notified of and then approved it. 8.6 If the delivery of the products becomes impossible, Seller notifies it to Buyer prior to lapse of performance obligation under the agreement and return Buyer the total price in 10 (ten) days
8.7 If the price of the Product is not paid or the payment is cancelled by bank due to any reason, Seller shall be deemed to have been relieved from the obligation of delivering the product. 8.8 If the price of the Products is not paid to Seller due to any reason whatsoever, Buyer returns Seller the Products, at his costs, no later than 3 days following the notification delivered by Seller. Seller also reserves his any kind of other contractual/legal rights in any case, including the debt follow-up.
ARTICLE 9 Governing Jurisdiction Buyer's complaints and objections about Seller can be referred to Consumer Problems Arbitration Committee or consumer courts located in the place of purchasing product or service or her residential address within the monetary limits as specified by TR Ministry of Industry and Commerce in December annually.
ARTICLE 10 Other Provisions After this Initial Information Form is read and accepted by Buyer electronically, the stage of entering into Remote Sales Agreement will start.
I confirm that I am aware of initial information provided in this Initial Information Form.
Seller: Sanda Europe
Buyer: [CustomerName]
Date: [OrderDate]