DISTANCE SALE AGREEMENT
Article 1- PARTIES
Product Return Address:
Article 2- SUBJECT OF CONTRACT
2.1. This contract determines the rights and liabilities of the parties in accordance with the provisions of Law No. 6502 on the Protection of BUYERs and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale of products and services done by the BUYER whose detailed information is given above from www.famstore.co which is operated by the SELLER (hereinafter referred to as “Site”) and delivery of the products to the delivery address.
2.2. BUYER admits and declares that he/she has the information about the basic qualifications, the sale price, the type of payment, the conditions of delivery and the right to “withdraw” regarding the goods or services subject to sale, that he/she confirmed the preliminary informing in electronic environment and the preliminary then ordered the goods or services in accordance with the provisions of this contract. The preliminary informing and the invoice in the payment page of Site, are integral parts of this contract.
Article 3- PRODUCTS AND SERVICES SUBJECT TO CONTRACT
(Excluding Taxes) Unit Price:
Quantity / Number of Product:
Total of Taxes:
Payment Method and Plan:
TOTAL SALES FEES TO BE COLLECTED FROM THE BUYER: …. -TL
3.1. The prices listed and announced on the Site are the sales price that is valid for orders placed until it is updated and/or changed by the SELLER. The prices announced for a period are valid until the end of the specified period.
3.2. The SELLER reserves the right to suspend the order if it detects a problem in the order or the BUYER's information and deems it necessary. In this case, the SELLER will reach the BUYER via the phone or e-mail address declared by the BUYER in this Agreement. If the SELLER fails to reach the BUYER, it will freeze the order for 15 (fifteen) days and the BUYER is expected to contact the SELLER regarding the issue during this period. If no reply is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed.
Article 4. DELIVERY INFORMATION
4.1. Delivery address:
Person / Organization to be Delivered:
Predicted Delivery Date:
If the invoice address specified by the BUYER is different from the deviery address, the BUYER agrees, declares and undertakes to pay an additional shipping fee for the delivery of the invoice to the relevant address.
4.2. After the e-mail indicating that the order has been approved is sent to the BUYER, the product is delivered to the cargo company that the SELLER has an agreement with as soon as possible.
4.3. The delivery obligation of the SELLER ends by the delivery of the product (s) to the authorized person / organization at the address where the BUYER has requested the above delivery.
4.4. If the product is to be delivered to another person / organization than the BUYER, the SELLER shall not be held liable for the extra shipping costs that may arise if the person / organization to be delivered will not accept the delivery.
4.5. The SELLER cannot be held responsible for any problems that the cargo company will encounter during the delivery of the product to the BUYER, and the product ordered cannot be delivered to the BUYER. However, if the BUYER thinks that the package is damaged, he / she should not take delivery of the damaged packages and keep a record with cargo company courier. If the courier thinks that the package is not damaged, the BUYER has the right to open the package there to check that the products are delivered undamaged and to determine the situation with a report. If the package has not been accepted and recorded, situation shall be notified to the SELLER immediately with the remaining copy of the record within 1 (one) working day at the latest. Upon receipt of the package by the BUYER without any objection, it is accepted that the cargo company completed its obligations.
Article 5- DELIVERY EXPENSES
5.1. Unless there is a provision contrary to the delivery costs of the product belongs to the BUYER. If the SELLER declares in the Site that the delivery fee will be covered, the delivery costs will belong to the SELLER.
5.2. If the SELLER's stock is available and after the payment is made, delivery of the product shall be made within the committed period. (within 30 (thirty) days from the date when the order was placed / approved by the BUYER, provided that the delivery of the product subject to the order becomes impossible.) If the product price is not paid by the BUYER for any reason or the payment is canceled by the bank, the SELLER is deemed free from the delivery obligation.
5.3. If the BUYER sends the product that he / she will return using the Right of Withdrawal in accordance with Article 6 of the Contract to the SELLER with the contracted cargo company, the return shipping fee belongs to the SELLER. In the event that the BUYER sends the product to be returned with another company, the SELLER is not responsible for the return shipping cost and the damage to the product during the cargo process.
Article 6- THE RIGHT OF WITHDRAWAL
Pursuant to the relevant provisions of Law no 6502 and Distance Contracts Directive;
6.1 In distance contracts about sales of goods, the BUYER has the right to withdraw within 14 (fourteen) days of receipt without showing any excuses and paying any penal clause. However, the BUYER may use his right of withdrawal from the establishment of this Agreement until the delivery of the goods. It is sufficient to direct the notification of the exercise of the right of withdrawal to the SELLER or the provider in writing or through permanent data storage. In order for our customers to use their right of withdrawal, they must fill in the turn in slip sent to them together with the product and submit the product to the COURIER company with the turn in slip.
In the determination of duration of the right of withdrawal;
- a) For the products subject to a single order; the day when the last goods is delivered to the BUYER or to third party determined by the BUYER ,
- b) For the products consisting of more than one parts; the day when the last part is delivered to the BUYER or to third party determined by the BUYER,
- c) For the contracts in which the goods is delivered regularly during a certain period; the day when the first goods is delivered to the BUYER or to third party determined by the BUYER,
is taken as basis.
6.2. BUYER’s right to withdraw shall not apply to the contracts regarding;
- a) The goods prepared in accordance with the request and personal needs of the customer,
- b) The delivery of the perishables or the goods of which expiry date is short,
- c) The delivery of the goods of which protective element such as package, tape, and seal is opened provided that it is inappropriate to return them due to health and hygiene concerns,
- d) To the goods which are mixed with other goods and impossible to separate intrinsically,
- e) Books, digital contents and computer consumable materials which can be offered in the physical environment when their protective element such as package, tape, and seal is opened,
- f) The delivery of the periodical publications such as journals and magazines except for the ones provided within the scope of the subscription agreement,
- g) Accommodation, moving, rent a car, supply of foods and beverages, and recreational activities which have to be completed within a certain date or period,
- h) Services fulfilled immediately in the electronic environment or incorporeal property that are delivered to the customer immediately,
- i) Services which are started to be provided before the expiry date of the right to withdraw, and
- j) Goods and services of which prices are changing depending on the fluctuations in the financial markets and out of the control of the SELLER or provider.
6.3- In the event that the BUYER uses his/her right of withdrawal, the SELLER or the provider is obliged to return the total amount received and negotiable instruments putting the BUYER under debt and all kinds of similar documents within 14 (fourteen) days from the date the withdrawal notification is delivered to him/her without any charge.
6.4- The BUYER shall not be liable within the right of withdrawal for any changes or distortions in the goods if he/she uses the goods in accordance with its operation, technical specifications and usage instructions.
6.5- If the BUYER uses the right of withdrawal, he shall not be liable to pay the expenses related to the return if he/she returns the goods through the courier specified for return in the preliminary information. In the event that the SELLER does not specify any courier for the return in the preliminary information, no cost can be demanded from the BUYER. In the event that the courier specified in the preliminary information for the return does not have a branch in the location of the BUYER, the SELLER is obliged to ensure that the goods that are requested to be returned are collected from the BUYER without any additional costs.
6.6- The BUYER is obliged to return the goods to the SELLER within 10 (ten) days from the date on which he notifies the SELLER of the use of the right of withdrawal, unless the SELLER has made a proposal that he/she will have his property taken back.
6.7- As stated in the Article 15 of the Regulation on Distance Contracts, the BUYERs do not have the right of withdrawal in the products which are specially prepared for the person.
6.8- The orders in the "Delivered to Courier" phase cannot be canceled at the cargo delivery stage. For the orders in the "Delivered to Courier" phase, our Customers must return the cargo to the courier company without opening the box of the product. The provisions in Article 8.1 are reserved.
The information about the company to be notified about the withdrawal;
Title: FAM STORE.
For more information regarding the right of withdrawal, cancellation and return please visit https://famstore.co/pages/legal
Article 7 - PAYMENT METHOD
7.1. The BUYER accepts, declares and undertakes that, since forward sales can be made only by credit cards of banks, the BUYER shall confirm the relevant interest rates, default interest and relevant information; and provisions regarding the interest rate and default interest will be applied within the scope of the credit card agreement between the Bank and the Customer pursuant to the provisions of regulations in force. Credit / installment card and similar payment facilities provided by institutions giving credit card, installment card etc. such as banks and financing institutions are the possibility of a loan and / or installment payment provided directly by the related institution; The product sales which are realized within this framework and in which the SELLER collected the relevant amount fully shall not be counted as installment sales in respect of the parties to this Agreement, they are cash sales. The legal rights of the SELLER in the cases deemed to be installments sale by the law (including the right to terminate the contract and / or claiming remaining debt to be paid together with the default interest, in case any of the installments are not paid) are available and reserved. In case of default of the BUYER, the legal default interest per month is applied.
Article 8 - GENERAL PROVISIONS
8.1. The BUYER agrees that he/she read and is aware of the preliminary information regarding the basic qualifications, sales price and payment method and delivery of the products which are shown in the Site have read and informed the basic qualifications, sales price and payment method and the preliminary information about the delivery and gave the necessary confirmation for the sale in the electronic environment.
8.2. By confirming this agreement in electronic environment, the BUYER confirms that he/she has accurately and completely obtained the address, basic features of the products ordered, product prices including tax, payment and delivery information and information about the right of withdrawal.
8.3. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.
8.4. The SELLER may supply a different product at the same quality and price to the BUYER before the contractual performance obligation expires.
8.5. If the SELLER fails to fulfill the contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, the SELLER shall inform the BUYER before the expiry of the fulfillment obligation arising from the contract and supply a different product with equal quality and price to the BUYER.
8.6. For the delivery of the product subject to the contract, it is obligatory that the signed copy of this agreement is delivered to the SELLER in electronic environment and the price has been paid by the BUYER's preferred form of payment. If the product price is not paid or canceled in the bank records for any reason, the SELLER shall be deemed to have been released from the delivery of the product.
8.7. In case the Bank / financing institution to which the credit card is used belongs does not pay the Product to the SELLER for any reason after the delivery of the product, the Product shall be returned to the SELLER by the BUYER at the latest within 3 days, all expenses shall be borne by the BUYER. All other contractual and statutory rights of the SELLER, including the follow-up of the Product price, shall be reserved in any case.
8.8. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the SELLER notifies the BUYER in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within fourteen (14) days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.
Article 9- EVIDENCE AGREEMENT, AUTHORIZED COURT and TRANSLATION
9.1. The BUYER can make any complaints, demands and objections arising from this Agreement to the contact addresses of the SELLER specified in Article 1 of this Agreement.
9.2. In the resolution of any dispute that may arise from this Agreement and / or its implementation, Seller records (including recordings in the magnetic environment such as computer-audio records) constitute conclusive evidence; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade; and Consumer Courts and Directorates of Debt Collection and Enforcement Offices located in İstanbul (Çağlayan) are authorized for the values exceeding it.
9.3. The consumer declares, accepts and undertakes that he / she has read all the conditions and explanations written in this Contract and the Order Form constituting its integral part, has received, examined and accepted the sales terms and all other preliminary information.
9.4. If there is a difference (words or interpretations) between this contract and its Turkish translation, Turkish version (original) will prevail and shall be taken into consideration.
Article 10- INTELLECTUAL RIGHTS
10.1. BUYER declares and undertakes that the products subject to the Contract are “works” in accordance with the Law No. 5846 on Intellectual and Artistic Works (briefly “FSEK”) and that the Financial Rights regulated as "Processing" in Article 21 of FSEK, "Reproduction" in Article 22 of FSEK, "Spread" in Article 23 of FSEK, "Representation" in Article 24 of FSEK, “Transmission to Public with Vehicles for Signal, Audio and / or Image Transfer” in Article 25 of FSEK as well as Moral Rights regulated as " Authorization Publication" in Article 14 of FSEK, "Authorization of Name Indication" in Article 15 of FSEK, "Prohibition the Amendment of the Work" regulated in FSEK Article 16 belongs exclusively to the SELLER.
10.2. In this context, the BUYER accepts, declares and undertakes that he/she shall not use the products subject to the contract in a way contrary to FAM's Financial and Moral Rights. In the event that the BUYER acts such, it will be deemed as “illegal use of product” meaning violation of both this Contract and also Financial and Moral Rights of the SELLER; therefore SELLER may claim a minimum of 5,000 (five thousand) Turkish Liras for each use from the BUYER as a penalty cost. In order to prove illegal use, it is sufficient to collect evidence showing that the relevant product is presented to third parties as a “work” in the sense of FSEK, and no further proof or evidence will be required. The BUYER accepts, declares and undertakes the substantiation/prove method and will not make any objections in the future.
Article 11- DATE OF CONTRACT and FORCE MAJEURE
11.1. This agreement was concluded by the parties on ……, the date when the order of the BUYER was completed on the Site and a copy of the contract was sent to the e-mail address of the BUYER.
11.2. Conditions that do not exist or can not be foreseen on the date of signing of the Contract, which develop outside the control of the parties, which, when it occurs, make it impossible for one or both of the parties to fulfill their obligations under this contract or to fulfill them in a timely manner (Natural disaster, war terrorism, uprising, pandemic, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.) shall be accepted as “force majeure”. The party that claims force majeure shall inform the other party immediately in writing clearly indicating that he / she cannot fulfill his / her performance under this contract.
11.3. During the continuation of the force majeure, no responsibility shall arise due to the failure of the parties to fulfill their obligations. If force majeure persists for 30 (thirty) days, each party will have the right to terminate this contract unilaterally.