ARTICLE 1 – PARTIES
1.1 AYKA OPTİK Gıda Koz. Tem. Paz. San. And Tic. Ltd. Sti.
Title AYKA OPTIK Food Koz. Tem. Paz. San. Ve Tic. Ltd. Şti. (hereinafter referred to as “AYKA” and/or francovital.com and/or “SELLER”)
Address Sakarya Cad. No1/23 Kızılay / Ankara
Telephone: 0312 465 04 54
Email: [email protected]
Mersis No: 0123005905000018
Shipping Address: Sakarya Cad. No1/23 Kızılay / Ankara
ARTICLE 2 – SUBJECT
2.1- The subject of this contract 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 in relation to the sale and delivery of the goods ordered by the BUYER from AYKA’s www.francovital.com.tr website, which have the qualifications mentioned in the contract and / or web address and whose sales price is specified in the contract and / or web address
2.2- The BUYER, the basic qualities of the goods subject to sale, sales price, payment method, delivery conditions, etc. accepts and declares that he / she has information about all preliminary information about the goods subject to sale and the right of “withdrawal”, confirms this preliminary information electronically and then orders the goods, fully reads the terms, order, return, right of withdrawal, distance sales contract and notifications notified to him / her and gives his / her consent to accept. The information on the website www.francovital.com, the contracts between the parties approved by the BUYER, delivery notes, cargo delivery receipts and invoices of goods subject to the contract have been accepted as integral annexes of this contract.
2.3- This contract does not obligate ATASUN to deliver goods continuously, periodically or periodically, except for the goods expressly ordered. The goods sold online by AYKA (FRANCO VITAL) are offered to all consumers and no privilege is granted to the BUYER against other consumers/buyers.
ARTICLE 3 – DELIVERY OF GOODS, PLACE OF PERFORMANCE, METHOD OF DELIVERY AND COSTS
3.1- The goods shall be delivered to the BUYER at the delivery address entered by the BUYER at the Delivery stage of the payment stages, to the person or persons residing with the BUYER or to the third person or organization at the address entered as the delivery address
3.2- Payment is a necessary prerequisite for the completion of the order and AYKA shall deliver the goods within 30 (Thirty) days at the latest from the payment of the price of the order placed by the BUYER. If for any reason the price of the goods is not paid, is not transferred to the account of AYKA or is canceled in the bank records or the payment is canceled by the bank or third parties or the BUYER, AYKA shall be deemed to be released from the obligation to deliver the goods without prejudice to all legal rights.
ARTICLE 4 – DECLARATIONS AND COMMITMENTS OF THE BUYER
4.1- The Buyer declares that he / she has read and informed the preliminary information uploaded by the SELLER regarding the basic qualities of the goods subject to the contract on the Website, the sales price and payment method, and the delivery and shipping cost and that he / she has given the necessary confirmation electronically.
4. 2- By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms the basic characteristics of the goods or services subject to the contract that must be notified to the BUYER by the SELLER before the conclusion of distance contracts; the total price of the goods or services including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, 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; in cases where there is a right of withdrawal, the conditions, duration, procedure for the exercise of this right and information regarding the carrier that the SELLER envisages for the return, and in cases where the right of withdrawal cannot be used, it confirms that it has obtained information that it will not benefit from the right of withdrawal or under what conditions it will lose the right of withdrawal.
4.3- The BUYER shall inspect the goods subject to the contract at the time of delivery to him before receiving the goods subject to the contract; dented, broken, torn packaging, etc. damaged and defective goods will not be received from the cargo company and will return. The customer shall return the shipment that the customer detects damage by not taking delivery with the damage report to be issued. Otherwise, the responsibility will be on the BUYER. It will be accepted that the delivered goods are undamaged and intact, and that the goods or their packaging is faultless. The obligation to carefully protect the goods after delivery belongs to the BUYER.
4.4- If the right of withdrawal is to be used, the BUYER must notify that he / she will use the right of withdrawal within fourteen (14) days from the date of receipt of the goods or delivery to the third person / organization at the address where the goods are sent. However, the goods itself and the box, wiping cloth, warranty certificate, cleaning kit, etc., if any. any other content must be undamaged and unused.
ARTICLE 5 – DECLARATIONS AND COMMITMENTS OF THE SELLER
5.1- AYKA is responsible for the delivery of the goods subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals.
5.2- If the goods subject to the contract will be delivered to a person/organization other than the BUYER, ATASUN cannot be held responsible for the refusal of the person/organization to accept the delivery.
5.3- In the event that the right of withdrawal is exercised, it is obligatory to send the goods to AYKA within ten (10) days from the date of the BUYER’s notification to AYKA that the BUYER has exercised the right of withdrawal, complete with all the contents of the goods and together with the original sales invoice. Within fourteen (14) days following the receipt of these goods and documents, ATASUN shall carry out the necessary work and transactions before the relevant bank in order to return the cost of the goods to the BUYER’s bank account or credit card account.
5.4- In the event that the delivery of the goods becomes impossible due to force majeure, technical reasons, etc., AYKA shall notify the BUYER of this situation within 3 (three) days from the date of learning of the impossibility. The price paid and documents, if any, shall be returned within 14 (fourteen) days.
5.5- The defective or defective goods may be sent to AYKA for the necessary repair within the warranty conditions or for replacement if the conditions are met, in which case the delivery expenses shall be covered by AYKA. ATASUN is not obliged to take back or replace the goods if the goods are damaged by consumer error, intent or negligence or for reasons not attributable to AYKA.
5.6- In the event that it is necessary to return the price of the goods for any reason, the price to be paid cannot exceed the invoice price. Discount, promotion, campaign periods, price changes and discounts are entirely under the authority of ATASUN, and the prices of the purchased goods are reduced, reduced at any subsequent date, any promotion, campaign, discount, discount, discount or promotion and similar reasons, giving gifts, free goods or providing extra advantages to other third party consumers cannot be accepted as a reason for returning the goods. The BUYER cannot benefit from any rights that have not been declared as valid on the date of receipt of the goods and that are not applied at a later date.
ARTICLE 6 – CHARACTERISTICS AND PRICE OF THE GOODS SUBJECT TO THE CONTRACT
6.1- The type and type of goods, quantity, brand / model, color and sales price including all taxes are as stated in the information on the website www.francovital.com, on the introduction page of the goods and in the invoice, which is considered an integral part of this contract. In the Payment step of the order steps, the transportation fee will be added to the price of the goods. Payment shall be made by credit card or money order/EFT.
6.2- In case of default, the interest rate shall not be more than the advance interest rate of the Central Bank of the Republic of Turkey valid on the date of default and in any case not more than 30%. The BUYER is liable to the bank where the BUYER works for credit card or credit payments, in accordance with the existing contracts between the bank and the BUYER and the relevant legal legislation.
6.3- The BUYER accepts, declares and undertakes that he/she is aware that installment sales are made only by credit card, that the number of installments is clearly stated on the FRANCO VITAL website, that, apart from this number of installments, the contracts between the bank to which the credit card for payment is issued and the BUYER, the restrictions in the relevant legal regulations and the payment and installment facilities made by the bank do not affect AYKA, and that these issues will concern the bank and the BUYER.
6.4- In the event that the BUYER makes a purchase by credit card and in installments, the installment format selected from the FRANCO VITAL website is valid. In installment transactions, the relevant provisions of the contract signed between the buyer and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. The BUYER can also follow the number of installments and payments from the account statement sent by the bank. AYKA shall not be held responsible for any disputes between the BUYER and the bank and the BUYER shall be responsible for any damages that may occur.
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1- EXERCISING THE RIGHT OF WITHDRAWAL
7.1.1- The BUYER has the right to withdraw from the contract by refusing / returning the goods within fourteen (14) days from the date of receipt of the goods or delivery to the 3rd person / organization at the address where the goods are sent, without any legal and criminal liability and without any justification. The withdrawal declaration must be made online by entering the order number and e-mail address on the link www.francovital.com./iade-gonderim.
7.1.2- In the event that the right of withdrawal is exercised, the BUYER must have directed the explicit notification of the use of the right of withdrawal to AYKA by filling out the form on the above-mentioned website within the legal fourteen (14) day period. In the event that this right is exercised within the period, it is obligatory to send the goods to AYKA within ten (10) days from the date of this declaration, complete with all its contents including the box, packaging, accessories, gift products, if any, and together with the original sales invoice.
7.1.3- In the event that the right of withdrawal is used, no shipping fee is charged from the BUYER in case of the return of the goods for which the right of withdrawal is used by Yurtiçi Kargo, the cargo company contracted by the SELLER as specified in the third paragraph of Article 7.
7.1.4- Within fourteen (14) days following the arrival of these goods and documents, AYKA will carry out the necessary work and transactions before the relevant bank in order to return the cost of the goods to the BUYER’s bank account or credit card account in accordance with the payment instrument used when purchasing.
7.2- SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
7.2.1- The BUYER cannot use the right of withdrawal in the following contracts:
a. The goods itself and the box, wiping cloth, warranty certificate, cleaning kit, etc., if any. in case of damage to any other content,
b. If the BUYER does not notify that he / she will exercise his / her right of withdrawal within fourteen (14) days from the date of receipt of the goods or delivery to the 3rd person / organization at the address where the goods are sent.
7.3- CONTRACTED SHIPPING COMPANY
7.3.1- The BUYER who wants to return the goods by using the right of withdrawal must send the relevant goods to the address specified below with the Domestic Cargo company contracted by AYKA at the cost of AYKA.
Shipment Address: : Sakarya Cad. No1/23 Kızılay / Ankara
Email: [email protected]
7.3.2- When the contracted domestic cargo company is used for the return of the goods by using the right of withdrawal, the BUYER will not be charged. However, if another cargo company that AYKA is not contracted with is used, the BUYER is responsible for shipping and delivery costs.
ARTICLE 8 – DEFAULT AND LEGAL CONSEQUENCES
8.1- If the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made by the bank with the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may demand the costs and attorney fees from the BUYER and in any case, if the BUYER defaults due to the BUYER’s debt, the BUYER accepts this payment if any damage and loss occurs in AYKA due to the delayed performance of the debt.
ARTICLE 9 – CONTRACT SIGNATURE DATE
9.1- This Distance Sales Contract has been prepared in accordance with the regulations of the Regulation on Distance Contracts prepared on the basis of Articles 48 and 84 of the Law on Consumer Protection. The BUYER has read all the conditions and explanations written in this contract and in the order-contract preliminary information (on the website), which constitutes an integral part of this contract and its integral part, the basic features-qualities of the goods subject to sale, sales price, payment method, delivery conditions, SELLER and all other preliminary information-information about the goods subject to sale and the right of withdrawal and personal information-electronic communication and reward points conditions. It accepts and declares that it has prior knowledge of all the matters written in Article 2 and 7 of this Agreement, that it has seen all of them electronically on the website and that it accepts and declares that it accepts the provisions of this contract by ordering the goods by giving its confirmation-approval-acceptance-permission to all of them electronically.
9.2- The BUYER has been informed with the Preliminary Information Form, which is clearly included in the sales steps just before confirming the order. The approval of the Distance Sales Contract and the Preliminary Information Form in electronic environment means the acceptance of its content in accordance with the relevant legal regulations and the date of approval will be accepted as the date of signature / acceptance of the contract. The parties accept and declare that the placement of the contract and the Preliminary Information Form on the FRANCO VITAL website has been accepted / approved by the BUYER, and that the finalization of the order and payment of the price by the BUYER means that the Distance Sales Contract and the Preliminary Information Form have been accepted / approved by the BUYER.
9.3- The BUYER has accepted and declared that he knows that the order cannot be placed without the approval of the contract due to the nature of the website, and that the approval date of this contract is the same as the order date.
ARTICLE 10 – COMPETENT COURT
In disputes that may arise from this contract, Provincial and District Consumer Arbitration Committees and Consumer Courts are authorized and authorized in cases exceeding these limits within the monetary limits determined and announced by the Ministry of Customs and Trade every year in accordance with the law. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or her or, if he or she wishes, the SELLER’s settlement (residence).