Distance Contract
DISTANCE CONTRACT
Article 1- Parties
1.1. Seller
Name: AKILLI MİKROFON TEKNOLOJİ IND. TRADE Inc.
Address: ZAFER MAH 177 SOK NO:2 ESENYURT İSTANBUL
Telephone: 0212 412 14 64
E-mail : info@seetalk.com.tr
1.2. Buyer
Name – Surname/TR Identification Number
Address
Telephone
E-mail
Article 2- Subject
The Contract contains details of the rights and obligations of the parties in relation to the sale and delivery of products, the qualifications and sales prices of which are specified below, that are ordered by the BUYER electronically through the SELLER’s website http://www.seetalk.com.tr,, in accordance with the provisions of the Law No. 4077 on Customer Protection and Distance Contracts Regulation.
The Buyer hereby accepts and undertakes that he/she has been provided with clear, understandable and appropriate preliminary information by the seller, including the seller’s name, title, full address, telephone and other information, the basic characteristics of the goods being sold, the sales price including taxes, the payment method, delivery conditions and costs, as well as the use of the right of “withdrawal”, and the official authorities to which related complaints and objections shall be submitted, and that he/she has confirmed this information electronically and that he/she has ordered the goods thereafter.
The preliminary information on http://www.seetalk.com.tr and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Product Subject to the Contract/Payment/Delivery
The type, quantity, brand/model, sales price, payment method, receiver, delivery address, invoice details and shipping fee related to the product(s) purchased electronically are as stated below. The person to be billed and the person agreeing to the contract must be the same person. The below details must be provided accurately and completely. The buyer agrees to compensate fully for any damage that may be incurred as a result of such details being incorrect or missing, and also assumes the relevant responsibilities.
The SELLER reserves the right to cancel the order as it deems necessary in cases where the information provided by the BUYER does not represent the truth. Should the SELLER detect a problem related to the order and be unable to communicate with the BUYER via the phone number, e-mail and post address stated by the BUYER, it shall suspend the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER to address the issue during this period. Should no reply be received from the BUYER within the said period, the SELLER shall cancel the order to prevent damage to either party.
Purchased Product(s)
Name, code : … pieces
Total Sales Price : …. -TRY
Payment Method: Credit Card/Bank Transfer (EFT)
Receipent:
Phone number :
Delivery Address:
Recipient of the Bill:
Billing address :
Tax Office:
Tax Registration Number:
Shipping Fee: … -TRY
Article 4- Contract Date and Force Majeure
The date of the contract, ../../…. is the date on which the order was placed by the buyer.
New or unforeseen situations at the time of the signing of the contract that are beyond the control of the parties, and that render it impossible for either or both parties to partially or completely fulfill in a timely manner their contractual debts and liabilities, shall be regarded as force majeure (natural disasters, wars, acts of terrorism, riots, amended regulatory provisions, seizures or lockouts, substantial failures at production or communication facilities, etc.). The party claiming force majeure shall immediately notify the other party in writing.
The parties shall not be held liable for their failure to fulfill their obligations during the force majeure situation. If the force majeure situation continues for 30 (thirty) days, each party will have the right of unilateral termination.
Article 5- Rights and Obligations of the Seller
5.1. The seller agrees and undertakes to fulfill their contractual obligations in accordance with the provisions of Law No. 4077 on Customer Protection and Distance Contracts, aside from in cases of force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop from ……………. The Seller shall consider the age stated by the buyer on the contract to be their correct age. The seller may not be held liable in any way for misstatements made by the buyer.
5.2. The website http://www.seetalk.com.tr assumes no responsibility for inaccurate prices due to system errors. Accordingly, the seller cannot be held responsible for errors concerning promotions and prices that may arise due to system faults, its design or illegitimate website breaches. The buyer cannot claim rights for issues related to system errors.
5.3. Credit cards (Visa, MasterCard, etc.) or bank transfers may be used to shop at http://www.seetalk.com.tr. Orders that are not paid within one week of the date of placement of the order shall be canceled. The processing time of the orders does not refer to the moment when the order is placed, but the moment when the related collection from the credit card or the transfer (EFT) is made. Payment methods such as collect shipment or postal checks shall not be accepted without prior consultation with customer services.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fulfill their contractual obligations, aside from in cases of force majeure
6.2. The Buyer accepts and undertakes that he/she has accepted the provisions of the contract, and will make the payment in accordance with the payment method stated in the contract.
6.3. The Buyer accepts and undertakes that he/she has been provided with clear, understandable and appropriate preliminary information via the http://www.seetalk.com.tr website on the seller’s name, title, full address, telephone number and other information, the basic characteristics of the goods being sold, the sales price, including taxes, payment method, delivery conditions and costs, as well as the use of the right of “withdrawal” and the official authorities to which the related complaints and objections shall be submitted, and that he/she has confirmed this information electronically.
6.4. In accordance with the previous article, the Buyer declares that he/she has read and confirmed the information provided at http://www.seetalk.com.tr/order/payment/termsofuse regarding the order and payment conditions of the product, user instructions, the measures taken against possible situations and all related warnings.
6.5. The Buyer agrees and undertakes that should they wish to return a received product, the product and its packaging must not have been damaged in any way; and that the original invoice and delivery note must be returned with the product.
Article 7- Order/Payment Procedure
Order:
Once the purchase has been approved by the Buyer, the amount in TRY including VAT (total amount of installments) of the products added to the shopping cart is processed through the POS system of the relevant bank card. An order confirmation e-mail is sent to the customer before the shipment. Goods are shipped only after the order confirmation e-mail has been sent.
Any disruption in the process or any problems related to the credit card are notified to the buyer through one or more of the telephone/fax/e-mail channels specified in the contract. If necessary, the buyer may be asked to contact their bank. The processing time of the orders does not refer to the moment the order is placed, but the moment the related collection from the credit card or the transfer (EFT) is made.
In the event of it not being possible for the contracted goods to be supplied due to exceptional circumstances and/or if there is a stock problem, the buyer shall be immediately and clearly notified. Should the Buyer approve, another product of equal quality and price, or a different product selected by the Buyer may be dispatched. The Buyer may also choose to wait for the product to become available and/or the relevant problem to be resolved, or to cancel the order.
In cases where the fulfillment of the obligation to deliver the contract goods becoming impossible, the Buyer shall be informed of the situation, and the total amount paid and any documents that place them under debt, if any, shall be returned to their party within ten days at the latest, and the contract shall be canceled. In such a case, the Buyer shall not claim any further material or immaterial damages.
Payment:
For Buyers who do not wish to give their credit card information online, the website http://www.seetalk.com.tr offers a cash transfer option for orders placed. The buyer can pay through the bank of their choosing through a transfer of funds. If an EFT is made, the date of the transfer shall be taken into account. When making a cash transfer and/or EFT, the “Sender Information” must be the same as the Invoice Information, and the order number must be stated.
In the event of the related bank or financial institution not paying the cost of the product to the Seller due to unauthorized use of the Buyer’s credit card in a wrongful and unlawful manner, when not the fault of the Buyer, the Buyer must return the delivered product to the Seller within 10 days. In such cases, the shipping costs shall be covered by the Buyer.
Should the Buyer prefer to pay by credit card, the Buyer agrees, declares and undertakes that he/she will confirm the bank’s related interest rates and default interest rates, and that the provisions related to interest and default interest shall be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER, in accordance with the provisions of the current legislation.
Article 8- Shipping/Delivery Procedure
Shipping:
Following the sending of the order confirmation e-mail, the product/products are passed to the contracted delivery company.
Delivery:
The product(s) shall be delivered to the address of the buyer by the Seller’s contracted delivery company. The delivery period is 30 days from the sending of the order confirmation e-mail and the establishment of the contract. This period may be extended for a maximum of ten days, provided that the buyer is notified in advance in writing, or via a continuous data carrier.
The products are sent to the areas where the delivery companies do not deliver to the address by phone notification.
In the event of the shipping information being inaccurate or lacking, or in the event of social events or natural disasters, the specified period may be extended for areas where the delivery company delivers to only once a week. The Buyer cannot hold the Seller responsible for such delays. If the product is to be delivered to a person/organization other than the Buyer, the Seller assumes no responsibility for any extra shipping costs that may arise due to the person/organization not accepting the delivery, inaccurate shipping information and/or the Buyer not being present at the time of the delivery. In the event of the product(s) not being delivered to the customer within the specified period, problems regarding the delivery must be reported immediately to customer services via info@seetalk.com.tr.
In the event of package(s) being damaged, it/they must not be accepted and a report must be submitted to a delivery company official. If the delivery company official is of the opinion that the package is not damaged, the Buyer has the right to open the package, check the products and request the issuance of a report of the situation. After the package has been received by the Buyer, the Delivery Company is deemed to have fulfilled its duty. In the event of the package being rejected and a report being issued, it must be reported to the Seller’s Customer Services department as soon as possible, along with the Buyer’s copy of the report.
Article 9- Procedure for Product Returns and the Right of Withdrawal
Product Returns:
The Buyer has the right to withdraw from the contract within seven days of receiving the goods. In such a case the Buyer does not have to provide any reasons for return and no penalty will be incurred by the seller during this period. In accordance with the General Communique on the Tax Procedure Law no. 385, the Buyer must correctly and completely fill in the required sections related to product returns on the bottom of the two invoices of the Seller that are delivered with the goods, and should sign and send one copy to the Seller together with the product, and keep the other copy. The period within which the right of withdrawal can be applied starts on the day of the delivery of the goods to the Buyer. Costs related to product returns shall be borne by the Buyer.
The right of withdrawal cannot be exercised for goods that are prepared in line with the Buyer’s requests, or that are clearly customized.
In the event of the Buyer exercising their right of withdrawal, the Seller shall return the total amount paid to their party and any documents that place the Buyer under debt, without any further cost to the consumer, within ten days at the latest of receiving the product, together with the invoice including the withdrawal notification.
The depreciation in the value of the delivered goods, or any reason that renders the return impossible, does not prevent the right of withdrawal from being exercised. If such a depreciation or impossibility of return be fault of the consumer, however, he/she must compensate the Seller for the value of the product or the depreciation.
The usual return period for products that have been purchased inadvertently is 7 days. The return of products that have been opened, used, damaged, etc. shall not be accepted. Products must be returned in their original packaging.
In the event of the product or its packaging being opened, broken, crushed, damaged, torn, used or other similar situations being detected, and it being impossible to return the product in the same state in which it was delivered to the Buyer, the return shall not be accepted and no refund shall be made.
Product returns must first be communicated to customer services. Information on the return of the product is sent to the customer by the Seller. Following this communication, the invoice containing information about the product return must be delivered to the Seller through the same delivery company that delivered the product to the Buyer’s address. The returned product is accepted, provided that it meets the conditions specified in this contract, and the refund is made to the Buyer’s credit card/bank account. No refund shall be made prior to the return of the product. Refunds to credit cards are reflected in the credit card account at the discretion of the related bank.
If the purchase is made by credit card and in installments, the refund procedure shall be as follows: The Bank shall pay the Buyer in installments if the Buyer has specified the number of installments for the purchase of the product. In the event of refunding the installment payments made using the Bank’s POS to the Buyer’s credit card after the Seller has paid the full amount of the product to the bank in a single payment, the refund shall be transferred into the holder’s account in installments to prevent the parties from any damages. Installments paid by the Buyer up until the cancellation of the sale shall be reflected as the refund of 1 (one) monthly installment, provided that the date of return does not coincide with the cutoff date. The Buyer shall continue to receive the installments paid by their party before the cancellation for the number of the months and this amount shall be deducted from their current debts.
In line with its contract with the Bank, the Seller cannot pay the Buyer in cash for the return of goods or services purchased using a credit card. The member business, namely, the Seller, shall make the refund using the relevant software. As the Seller is obliged to pay the relevant amount in cash or to the account of the Bank, the Seller cannot pay cash to the Buyer under the procedure detailed above. Refunds to credit cards shall be made by the Bank in accordance with the said procedure after the Seller’s refund has been made as a single payment to the Bank.
Article 10-Warranty
Products that are used and cleaned in accordance with the instructions for use are covered by a 2-year warranty against all kinds of production defects, in line with the conditions stated below: The seller is obliged to provide a warranty to consumers, as per Law No. 4077. For commercial businesses, the provisions of the Turkish Commercial Code shall be valid.
Article 11- Confidentiality
The information provided by the Buyer to the Seller for the payment, as well as the information specified in this contract, shall not be shared with third parties.
The Seller may only disclose this information in the event of an administrative/legal obligation. Should the Seller have the requested information, it may provide it to the relevant authority within the scope of a judicial investigation with a documented license.
Credit Card information cannot be stored under any circumstances, and such information can be used only to securely transmit to the relevant banks for the provision of the payment, and subsequently deleted.
The Buyer’s information, including their e-mail address, postal address and telephone number, can only be used by the seller for standard procedures concerning product delivery and information. Information about promotions, new products, and offers to may be sent to the Buyer upon their approval at certain times of the year.
Article 12- Authorized Court and Enforcement Offices in the Event of Disputes
In the event of a dispute arising from the implementation of this contract, the Consumer Arbitration Committee or Consumer Court near to the residence of the Buyer or the Seller are authorized, depending on the amount related to the dispute, which is announced by the Ministry of Industry and Trade every December.
In the event of the completion of the order, the Buyer is deemed to have accepted all the terms of this contract.