SALES AGREEMENT
1. PARTIES
This agreement is entered into between ( ) domiciled at ( ) (hereinafter referred to as the "BUYER") and Argesan Mold Industry and Trade Ltd. Co., domiciled at Ahi Evran OSB Mah. Oğuz Cad. No: 11 06935 Sincan / ANKARA / TURKEY (hereinafter referred to as the "SELLER"), under the terms and conditions specified below.
2. DEFINITIONS
In the application and interpretation of this agreement, the
following terms shall have the meanings set forth opposite them:
MINISTER: The Minister of Science, Industry and Technology,
MINISTRY: The Ministry of Science, Industry and Technology,
LAW: The Law on the Protection of Consumers,
REGULATION: The Regulation on Distance Contracts,
SERVICE: Any activity other than providing goods in exchange
for a fee or benefit,
SELLER: The company that will offer goods to the consumer
within the scope of commercial or professional activities,
BUYER: The natural or legal person who acquires, uses, or
benefits from a good or service for non-commercial or non-professional
purposes,
WEBSITE: The internet site www.argesanshop.com owned by the
SELLER,
ORDER PLACER: The natural or legal person who requests a
good or service via the website www.argesanshop.com owned by the SELLER,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement concluded between the SELLER and
the BUYER,
GOODS: Movable property subject to purchase and intangible
assets such as software, sound, image, and similar prepared for electronic use,
PERSONAL DATA: Any information relating to an identified or
identifiable natural person,
SPECIAL CATEGORIES OF PERSONAL DATA: Data relating to racial
or ethnic origin, political opinions, philosophical beliefs, religion, sect or
other beliefs, dress and appearance, membership of associations, foundations or
trade unions, health, sex life, criminal convictions, and security measures, as
well as biometric and genetic data,
EXPRESS CONSENT: Consent based on information regarding a
specific subject and expressed with free will,
PROCESSING: Any operation performed on personal data, whether wholly or partly by automated means or non-automated means, such as collection, recording, storage, retention, alteration, reorganization, disclosure, transfer, retrieval, making available, classification, or prevention of use.
3. SUBJECT
The subject of this Agreement is to determine 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
dated 06.03.2011 regarding the sale and delivery of the product specified
below, for which the BUYER has placed an order electronically through the
SELLER's website, including its characteristics and sales price.
The prices listed and advertised on the website are the sales prices. The advertised prices and promises are valid until they are updated and changed. Prices announced for a specified period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Argesan Mold Industry and Trade Ltd. Co.
Address: Ahi Evran OSB Mah. Oğuz Cad. No: 11 06935 Sincan /
ANKARA / TURKEY
Phone: 0312 395 30 38
Fax: 0312 395 30 79
Email: info@argesanshop.com
5. BUYER INFORMATION
Recipient Name for Delivery:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDER PLACER
INFORMATION
(hereinafter referred to as the "ORDER PLACER.")
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. SUBJECT MATTER OF
THE AGREEMENT AND PRODUCT(S) INFORMATION
7.1. The basic features of the goods/product(s)/service
(type, quantity, brand/model, color, quantity) are available on the SELLER's
website. You can review the basic features of the product during the campaign
period.
7.2. The prices listed and advertised on the website are
inclusive of all taxes and constitute the sales price. The advertised prices
and promises are valid until they are updated and changed. Prices announced for
a specified period are valid until the end of the specified period.
7.3. The sales price, including all taxes, of the subject
matter of the contract goods or services is provided in the table below.
Product Description:
Quantity:
Cash Price:
Subtotal (Including VAT):
Total:
Payment Method and Plan:
Delivery Address:
Recipient Name for Delivery:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. Product shipments will be made within 7 business days after the order is received.
8. GENERAL PROVISIONS
8.1. The BUYER acknowledges, declares, and undertakes that
they have read and understood the basic qualities of the product(s) subject to
the agreement, the sales price, payment method, and preliminary information
regarding delivery on the SELLER's website, and provided the necessary
confirmation electronically. The BUYER acknowledges, declares, and undertakes
that they have also acquired the correct and complete information regarding the
address to be provided by the SELLER prior to the establishment of the distance
sales contract, the basic features of the products ordered, the prices of the
products including taxes, payment, and delivery information.
8.2. Each product subject to the agreement will be delivered
to the BUYER or the person and/or organization at the address indicated by the
BUYER within the period specified in the preliminary information section on the
website, not exceeding 30 days, depending on the distance of the BUYER's place
of residence. The delivery period may be extended by 10 days provided that it
is notified to the BUYER beforehand.
8.3. The SELLER undertakes to deliver the product subject to
the agreement without any deficiencies, in compliance with the specified
qualifications in the order and, if available, with warranty documents, user
manuals, and all necessary information and documents, free from any defects, in
accordance with legal requirements, and in a manner that conforms to standards,
within the principles of accuracy and honesty, to maintain and improve the
quality of service, to show necessary care and diligence during the performance
of the service, and to act with caution and foresight.
8.4. The SELLER may supply a different product of equal
quality and price with the express consent of the BUYER, by informing the BUYER
and obtaining explicit approval before the expiry of the performance obligation
arising from the contract.
8.5. If the SELLER cannot fulfill the obligations under the
contract due to the impossibility of delivering the product or service subject
to the contract, the SELLER agrees, declares, and undertakes to notify the
consumer within the period specified in the contract before the expiration of
the performance obligation under the contract and to refund the total price to
the BUYER within 10 days.
8.6. The BUYER acknowledges, declares, and undertakes that
they will electronically confirm this Agreement for the delivery of the product
subject to the Agreement, and that in case the product price is not paid for
any reason and/or canceled in the bank records, the obligation of the SELLER to
deliver the product subject to the contract will be terminated.
8.7. In the event that the product is delivered to the BUYER
or the person and/or organization at the address indicated by the BUYER after
the delivery of the product subject to the contract, if the credit card
belonging to the BUYER is used by unauthorized persons due to the unfair use,
the BUYER agrees, declares, and undertakes to return the product subject to the
contract to the SELLER within 3 business days at the expense of the SELLER.
8.8. In the event of force majeure circumstances that
prevent or delay the fulfillment of the obligations by the parties, such as
circumstances beyond the parties' control, unforeseen and unavoidable, the
SELLER agrees, declares, and undertakes to notify the BUYER of the situation.
The BUYER has the right to request cancellation of the order, replacement of
the product subject to the contract with its equivalent, and/or postponement of
the delivery period until the obstacle is removed. In case of cancellation of
the order by the BUYER, in payments made in cash, the product price will be
refunded to the BUYER within 10 days in cash and in kind. In payments made by
credit card, the product price will be refunded to the relevant bank within 7
days after the cancellation of the order by the BUYER. The BUYER acknowledges,
declares, and undertakes that the average process of reflecting the refunded
amount to the BUYER's account by the bank may take 2 to 3 weeks, and since the
reflection of this amount to the BUYER's accounts after the refund to the bank
is entirely related to the bank transaction process, the BUYER cannot hold the
SELLER responsible for any possible delays.
8.9. Before accepting delivery of the product/service
subject to the contract, the BUYER will inspect; damaged or defective
goods/services such as dents, breakage, torn packaging, etc., and will not
accept damaged and defective goods/services from the shipping company. The
delivered goods/services will be deemed to be undamaged and in good condition.
The obligation to protect the goods/services carefully after delivery belongs
to the BUYER. If the right of withdrawal will be exercised, the goods/services
should not be used. The invoice must be returned.
8.10. If the holder of the credit card used during the order
process is not the same person as the BUYER or if a security vulnerability is
detected in the credit card used in the order before the delivery of the
product to the BUYER, the SELLER may request the BUYER to provide identity and
contact information of the credit card holder, the credit card statement for
the previous month, or a letter from the bank stating that the credit card
belongs to the cardholder. The order will be suspended until the requested
information/documents are provided by the BUYER, and if the said requests are
not met within 24 hours, the SELLER reserves the right to cancel the order.
8.11. The BUYER declares and undertakes that the personal
and other miscellaneous information provided while becoming a member of the
SELLER's website is accurate, and in case the SELLER incurs any damages due to
the inaccuracy of this information, the BUYER will immediately compensate the
damages upon the SELLER's first notification, in cash and without any delay.
8.12. The BUYER undertakes to comply with the provisions of
the legislation while using the SELLER's website and not to violate them.
Otherwise, all legal and criminal liabilities arising will bind the BUYER
exclusively and entirely.
8.13. The BUYER may not use the SELLER's website in a manner
that disrupts public order, is contrary to general morality, harasses or
disturbs others, or violates the material and spiritual rights of others, for
an unlawful purpose, or in a way that prevents or complicates others from using
the services (spam, virus, trojan horse, etc.).
8.14. Links may be provided through the SELLER's website to
other websites and/or contents owned and/or operated by third parties not under
the control of the SELLER. These links are provided to facilitate navigation
for the BUYER, and do not constitute an endorsement of any website or the
person operating that site, and do not carry any guarantee for the information
contained on the linked website.
8.15. The member who violates one or more of the articles stated in this membership agreement will be personally responsible for the legal and criminal consequences of this violation and will indemnify the SELLER from the legal and criminal consequences of these violations. In addition, in case of referral of the incident to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
9. INVOICE DETAILS
Name / Surname / Title:
Address:
Phone:
Fax:
E-mail / Username:
Invoice Delivery:
10. RETURN CONDITIONS
General Return Conditions:
10.1 Original invoice or proof of purchase is required for
product returns.
10.2 Returned products must be unused, undamaged, in their
original packaging, and with attached labels.
10.3 Return requests must be made within [15 days] from the
date of receipt of the product.
10.4 For returns due to customer error, incorrect ordering,
or change of preference, the customer is responsible for the shipping cost.
Return Process:
10.5 Submit your return request to www.argesanshop.com and
include a message explaining the reason for the return.
10.6 After your return request is approved, you will receive
detailed instructions about the return process.
10.7 Your return package must be sent via DHL Express or an
approved courier company. Keep the tracking number when returning your package and
inform www.argesanshop.com.
Return Process and Refunds
a) Once the return package reaches the SELLER and the
examination of the products is completed, your return process will be evaluated
and approved by the SELLER.
b) In approved returns, the full amount to be refunded will
be processed within 15 business days according to the payment method of the
BUYER and will be credited to the BUYER's account.
c) For purchases made with a credit card, the refund amount
will be refunded to the credit card used for the payment.
Delivery Updates and Tracking:
1. Tracking Information: After the shipment of the BUYER's
order, they will receive a shipment confirmation email containing the tracking
number. The BUYER can track the progress of their delivery on the DHL Express
website or through mobile applications using this tracking number.
The BUYER will inspect the product during delivery and check
for any visible damage. If there is any damage to the package, they will inform
the courier before opening the package and take photos of the damage.
Afterwards, they must email the photos to info@argesanshop.com with attached
photos. Upon notification of damage, the SELLER will initiate the necessary
inspection process within 1-4 business days and, if necessary, arrange for the
return of the product and process the refund if applicable.
If the product is damaged during shipment, the BUYER will
follow the steps below:
1. Before opening the package, take photos of the damaged
parcel from different angles.
2. Carefully inspect the contents of the package and check
for any visible damage to the product itself. If the product is damaged, take
clear photos of the affected areas.
3. Immediately email the details of the order, order number,
and description of the damage with the attached photos to info@argesanshop.com.
11. DELIVERY TIME
Order Processing: The SELLER will begin processing the order
within 1-7 business days after receiving the order and confirming the payment.
Shipping Method: All orders will be shipped to the BUYER via
DHL Express, a leading global logistics company known for its reliable and fast
delivery services. The SELLER may use other courier companies for areas where
DHL Express does not provide shipment.
Estimated Delivery Time: The estimated delivery time of
orders will vary depending on the BUYER's location and the shipping method
selected during payment. After the order is dispatched, the BUYER will receive
a tracking number via email, allowing them to track the delivery status in real-time.
Delivery Address: The BUYER will ensure that the address
provided during delivery is accurate and complete; otherwise, there may be
delays or complications in the delivery process. The SELLER is not responsible
for delivery failures caused by incorrect or incomplete address information
provided by the customer.
Delivery Charges:
1. Shipping Fees: Prices do not include shipping costs on www.argesanshop.com .Shipping costs will be calculated according to your address in the payment section and added to the total balance.
2. Customs and Taxes: The BUYER acknowledges that international orders may be subject to customs duties, taxes, and other fees in the destination country. These expenses are the responsibility of the customer and are not included in the total purchase price or shipping fees paid. Therefore, before making a purchase, the BUYER should consult with the customs office or customs broker regarding possible tax-related issues.
12. RIGHT OF
WITHDRAWAL
12.1. The BUYER; in distance contracts for the sale of
goods, may exercise the right of withdrawal from the contract by rejecting the
goods without stating any reason within 15 (fifteen) days from the delivery
date to themselves or to the person/organization at the address provided. In
distance contracts for the provision of services, this period starts from the
date of signing the contract. In service contracts where the service
performance has begun with the consumer's approval before the end of the
withdrawal period, the right of withdrawal cannot be exercised. The expenses
arising from the exercise of the right of withdrawal shall be borne by the
SELLER.
12.2. In order to exercise the right of withdrawal within
the 15 (fifteen) day period, it is required to submit a written notification to
the SELLER via registered mail, fax, or e-mail, and the product must be unused
within the scope of the provisions under the title "Products for which the
Right of Withdrawal Cannot be Used" in Article 11. In case of exercising
this right;
a) The invoice of the product delivered to the person or
BUYER, (If the invoice of the product to be returned is corporate, it must be
sent along with the return invoice. Returns of orders issued for corporate
entities will not be completed if the RETURN INVOICE is not issued.)
b) Return form,
c) The box and packaging of the products to be returned,
along with any standard accessories, must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total price and any
documents that put the BUYER under an obligation to the BUYER within 10 days
from the receipt of the withdrawal notice and to receive the financial refund
within 20 days.
e) If there is a decrease in the value of the goods or if it
becomes impossible to return them due to the fault of the BUYER, the BUYER is
liable to compensate for the damages incurred by the SELLER in proportion to
the fault.
f) In case the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign is canceled.
13. PRODUCTS FOR
WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
In accordance with the Regulation, the return of goods that are prepared based on the consumer's requests or explicitly tailored to their personal needs, and goods that are not suitable for return due to their nature, as well as goods for which the packaging of audio or video recordings, software programs, and computer peripherals, etc. has been opened by the consumer, is not possible.
14. DEFAULT AND LEGAL
CONSEQUENCES
In the event of default in transactions made by the BUYER with a credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest within the framework of the credit card agreement concluded with the cardholder bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; it may demand expenses and attorney's fees from the BUYER, and in any case, in the event of the BUYER defaulting on the debt, the BUYER acknowledges, declares, and undertakes to compensate for the damages incurred by the SELLER due to the delayed performance of the debt.
15. PERSONAL DATA
PROTECTION
15.1. The SELLER acknowledges and undertakes to comply with
its responsibilities under Law No. 6698 on the Protection of Personal Data and
relevant legislation regarding any Personal Data obtained in the context of the
implementation of this Agreement, and to act in accordance with the legal
responsibilities of its status. The BUYER also agrees to carefully read any
text, document, or record provided to them and to provide explicit consent if
necessary, consciously performing all these processes within this scope.
15.2. The SELLER undertakes to securely maintain any
Personal Data that the BUYER is obligated to provide accurately and up-to-date
within the scope of the Agreement and acknowledges, declares, and undertakes
that such Personal Data may be processed solely for the purpose of transferring
Personal Data.
15.3. The SELLER agrees, declares, and undertakes not to
transfer the Personal Data of the BUYER to third parties domestically and
abroad without obtaining valid Explicit Consent from the BUYER, except for the
exceptional cases stipulated within the Law on the Protection of Personal Data,
and to delete and destroy the records of such Personal Data (except for the
Processing activities within the scope of the Law on the Protection of Personal
Data) within 20 days and to obtain the financial return within 10 days from the
date of receipt of the notice of withdrawal.
15.4. The SELLER agrees, declares, and undertakes to take
the measures prescribed by the legislation to prevent unauthorized access to
Personal Data and the use of Personal Data beyond the purpose of Processing.
The SELLER also agrees, declares, and undertakes to make every effort to
prevent possible damages in case of unauthorized access to Personal Data or if
Personal Data becomes accessible by third parties in any manner contrary to
this Agreement.
15.5. The SELLER will fulfill the requests of the data
subjects forwarded to it directly or indirectly by the BUYER.
15.6. The SELLER and the BUYER undertake to act in
accordance with all applicable regulations, procedures, and principles
regarding the protection of Personal Data, including but not limited to the Law
on the Protection of Personal Data and decisions of the Personal Data
Protection Board, in terms of data processing. In case of any change or update
in the aforementioned regulations requiring any change in the data processing
processes, the relevant party acknowledges and declares that it is obliged to
complete such change before the relevant new/current regulation comes into
force, and in the event that such regulation requires a change in this
Agreement, it will amend the Agreement accordingly.
16. COMPETENT COURT
16.1. The Parties agree that this Agreement shall be subject
to the laws of the Republic of Turkey. Any disputes arising out of or in
connection with this Agreement, including but not limited to disputes regarding
the existence, validity, or termination of this Agreement, shall be subject to
the exclusive jurisdiction of the courts in Ankara, Turkey.
16.2. The SELLER may refer its complaints and objections to
the consumer arbitration committee or consumer court in Ankara, Turkey, within
the monetary limits determined annually by the Ministry of Science, Industry,
and Technology of the Republic of Turkey in December. Information regarding the
monetary limit is as follows:
This Agreement is made for commercial purposes.
ENTRY INTO FORCE
In the event of payment for the order placed through the
website, the BUYER shall be deemed to have accepted all the terms of this
Agreement. The SELLER is obliged to make software arrangements to ensure that
orders cannot be placed without confirmation that this Agreement has been read
and accepted by the BUYER through the website.
SELLER:
BUYER:
DATE: