Distance Selling Agreement
1.1- SELLER:
Title: (...... Company Name.....)
Address: (........ Company Address.....)
E-mail: iletisim@peroliving.com.tr
1.2- BUYER:
Name/Surname/Title:
Address:
Phone:
E-mail:
TR Identity Number:
ARTICLE 2- SUBJECT
The subject of this contract is the determination of the rights www.happyplace.com.tr and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of the Implementation of 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 from the website of the SELLER.
This agreement (together with all other documents referred to below) sets out the terms and conditions for the use of the website (www.happyplace.com.tr) and the purchase of products through this website (hereinafter referred to as terms). When the BUYER uses www.happyplace.com.tr, he is deemed to have accepted the Data Usage Policy (Cookie and Privacy Policies).
ARTICLE 3- PRODUCT SUBJECT TO THE CONTRACT
History:
Product information:
Shipping Amount:
The type and type, quantity, brand/model color, sales price of the products are as stated above.
Payment Method:
Delivery Address:
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares that he/she has read and informed about the basic characteristics, sales price and payment method of the product subject to the contract and the preliminary information regarding the delivery on the www.happyplace.com.tr website and has given the necessary confirmation electronically.
4.2- The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.
4.3- If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the failure of the person/organization to be delivered to accept the delivery.
4.4- The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5- For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid by the payment method preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.
4.6- In the event that the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, it is obligatory to send the product to the SELLER within 3 (three) days, provided that the BUYER has delivered it to him. In this case, the shipping costs belong to the BUYER.
4.7- If the SELLER cannot deliver the product subject to the contract within the time limit due to force majeure or extraordinary circumstances such as weather conditions that prevent transportation, interruption of transportation, he is obliged to notify the BUYER within 3 (three) days. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with its precedent, if any, and/or to postpone the delivery time until the obstructive situation disappears. If the BUYER cancels the order, the amount paid is paid to him in cash and in full within 14 (fourteen) days.
4.8- When the BUYER uses www.happyplace.com.tr website and/or places an order through the website, he accepts the following elements:
- Use the website only for legitimate inquiries and orders
- Not to make speculative, unfounded and fake orders. If the SELLER is of the opinion that such an order has been placed, the SELLER has the right to cancel the order and inform the authorized persons and institutions.
4.9- The SELLER can only deliver the products offered for sale on the www.happyplace.com.tr website to addresses within the borders of Turkey.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw within 14 (fourteen) days from the delivery of the product subject to the contract to him or the person/organization at the address indicated. The right of withdrawal period starts on the day the BUYER or the third party designated by the BUYER receives the goods. However, the BUYER can also use the right of withdrawal within the period from the establishment of the contract to the delivery of the goods.
In determining the period of the right of withdrawal;
- a) For goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the last goods,
- b) In the case of goods consisting of more than one piece, the day on which the consumer or the third party determined by the consumer receives the last part is taken as basis.
In order to exercise the right of withdrawal, the SELLER must be notified by e-mail or telephone within this period and the product must be outside the scope of the "Cases where the right of withdrawal cannot be exercised" specified below. If this right is exercised, it is obligatory to submit a copy of the cargo delivery report indicating that the product delivered to the 3rd party or the BUYER has been sent to the SELLER and a copy of the invoice with the return information filled. The SELLER is obliged to refund all payments collected, including the delivery costs of the goods to the consumer, if any, within 14 (fourteen) days from the date of receipt of the notification that the BUYER has waived the right of withdrawal, provided that the BUYER sends these documents to the SELLER via e-mail.
Following the BUYER's receipt of the order; in case it wishes to exercise its legal or contractual right of withdrawal; The transfer of the products to be returned can be provided free of charge through the contracted carrier of the SELLER (Horoz Lojistik Kargo Hizmetleri A.Ş. in Furniture, Full-Length Mirror groups, UPS Fast Cargo Transportation Inc. in other product groups) or with another carrier company, provided that the cost is covered by the BUYER. If the return is made with another carrier company, the responsibility for the damages and risks that may occur in the returns belongs entirely to the BUYER, and the SELLER will not be responsible for the returns. The BUYER is responsible for ensuring that the package to be returned is transported in a protected manner with its original packages, instructions and other documents. In the event that there is an error in the content of the return package that is not caused by the SELLER, the BUYER of the package is returned and the BUYER is responsible for the costs. In any case, nothing in this clause shall affect the statutory rights of the BUYER.
Cases in which the right of withdrawal cannot be exercised:
In contracts for the delivery of any of the following products, the Customer may not exercise the right of withdrawal:
- Contracts for goods specially prepared in accordance with the wishes or personal needs of the customer
- 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.
When the Customer receives the order, summary information on how to use the right of withdrawal will be shared with the Customer.
ARTICLE 6- COMPETENT COURT
In the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the residence of the BUYER or SELLER are authorized up to the value announced by the Ministry of Industry and Trade.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
VENDOR
(............ Company Name.......................)
BUYER