PRELIMINARY INFORMATION FORM1. SUBJECT
The subject of this Sales Contract Preliminary Information Form is related to the sale and delivery of the product/products, whose qualifications and sales price are mentioned below, by the SELLER to the ORDERER/BUYER and includes the rights and obligations of the parties as per the provisions of the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) as per the Law No. 6502 on the Protection of Consumers. By accepting this preliminary information form, the BUYER acknowledges and declares in advance that, if the order in question is approved, they will be under obligation to pay the order amount and any additional fees such as shipping fee, tax, etc. if specified, and that they have been informed in this regard.
2. SELLER INFORMATION
Company Name: Restimed Medical Trade
Address: Hüsnü Karakaş Street No:3507
Phone: 0507 578 06 33
Email:
[email protected]3. BUYER INFORMATION (Hereinafter referred to as BUYER.)
Recipient: {ad_soyad}
Delivery Address: {teslimat_adresi}
Phone: {telefon_numarası}
Email/username: {eposta}
4. PRODUCT/PRODUCTS SUBJECT OF THE CONTRACT INFORMATION
4.1 The main features of the goods/product/products/service (type, quantity, brand/model, color, number) are available on the Seller’s website. You can review the basic features of the product during the campaign period. It is valid until the campaign date.
4.2 The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
4.3 The sale price of the goods or services subject to the contract, including all taxes, is shown in the table below.
{sipariş_ürün_listesi}
Order Amount: {sipariş_tutarı}
Product List in Order: {sipariş_ürün_listesi}
Delivery Address: {teslimat_adresi}
Invoice Address: {fatura_adresi}
Order Date: {sipariş_tarihi}
5. GENERAL PROVISIONS
5.1. The BUYER accepts, declares, and undertakes that they have read the basic features, sales price, and payment method, as well as the preliminary information regarding delivery, of the product subject to the contract on the SELLER's website, and have given the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they obtained the address to be provided to them by the SELLER before the establishment of the distance sales contract, the main features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
5.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the indicated address within the period specified in the preliminary information section on the internet site, depending on the BUYER’s settlement distance, without exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
5.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract, complete, in accordance with the qualifications specified in the order, with any warranty documents, user manuals, if any, free from all kinds of defects, fulfilling the requirements of the legal legislation, in accordance with the standards, with the necessary information and documents required for the job and based on honesty and good faith, to protect and enhance service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
5.4. The SELLER, by informing the BUYER and obtaining their explicit approval, can supply a different product of equal quality and price before the expiration of the performance obligation arising from the contract.
5.5. The SELLER accepts, declares, and undertakes that if the performance of the order for the product or service becomes impossible, and the SELLER cannot fulfill its contractual obligations, the situation will be communicated to the consumer in writing within 3 days from the date of learning and the total amount will be refunded to the BUYER within 14 days.
5.6. The BUYER, accepts, declares, and undertakes that they will confirm this Preliminary Information Form electronically for the delivery of the product subject to the contract, and if, for any reason, the product's price is not paid or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will end.
5.7. In the case where the BUYER, after the delivery of the product subject to the contract to the BUYER or to the person and/or organization at the indicated address, finds that as a result of the unauthorized use of the BUYER's credit card by unauthorized persons, the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes to return the product subject to the contract, to the SELLER within 3 days at the cost of transportation belonging to the SELLER.
5.8. The SELLER accepts, declares, and undertakes that if the product subject to the contract cannot be delivered in time due to unforeseen and unavoidable reasons such as force majeure that prevents and/or delays the obligations of the parties, the situation will be notified to the BUYER. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its equivalent, and/or postponement of the delivery time until the blocking situation is eliminated. In case of order cancellation by the BUYER, if the BUYER paid in cash, the product amount will be paid to them in cash and in full within 14 days. If the BUYER has made the payment by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process of the reflection of the amount returned by the SELLER to the credit card to the BUYER’s account can take 2 to 3 weeks after it has been returned to the bank, and that the reflection status of this amount to the BUYER’s accounts after its return to the bank is entirely related to the bank's processing time and, therefore, the BUYER cannot hold the SELLER responsible for possible delays.
6. INVOICE INFORMATION
Name/Surname/Title: {ad_soyad}
Address: {teslimat_adresi}
Phone: {telefon_numarası}
Email/username: {eposta}
Invoice delivery: The invoice will be delivered during the delivery of the order to the invoice address along with the order. {fatura_adresi}
7. RIGHT OF WITHDRAWAL
7.1. The BUYER can exercise the right to withdraw from the contract by rejecting the goods without any legal and penal responsibility and without giving any reason, within 14 (fourteen) days from the delivery date of the product to themselves or to the person/entity at the indicated address, provided that they notify the SELLER. In contracts for providing services, this period begins on the date of the contract. The right of withdrawal cannot be exercised in service contracts where, with the consumer's approval, the execution of services has commenced before the expiration of the withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that they have been informed about the right of withdrawal by accepting this contract.
7.2. For the right of withdrawal to be exercised, notice must be made in writing to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions arranged in this contract. If this right of withdrawal is exercised, 7.2.1 The invoice of the product delivered to the third party or to the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution during the return. Return orders whose invoices are issued on behalf of the institutions cannot be completed if the RETURN INVOICE is not issued.) 7.2.2. Return form, 7.2.3. The product to be returned must be delivered complete and undamaged, together with the box, packaging, if any, standard accessories. 7.2.4. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days from the date of receipt of the withdrawal notice, and to take back the goods within 20 days. 7.2.5. If there is a decrease in the value of the good due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of their fault. However, the BUYER is not responsible for the changes and deterioration in the product or goods that occur due to proper use during the withdrawal period. 7.2.6. In case the campaign limit amount organized by the SELLER decreases below the campaign limit due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
8.1. a) Contracts for goods or services of which prices depend on fluctuations in financial markets and are not under the control of the seller or provider. b) Contracts for goods prepared in line with the consumer’s wishes or personal needs. c) Contracts for the delivery of perishable goods or goods that expire quickly. ç) Contracts for goods that are not suitable for return for health and hygiene reasons, if the protective elements such as packaging, tape, seal, package are opened after delivery. d) Contracts for goods that, after their delivery, are mixed with other products and cannot be separated by their nature. e) Contracts for books, digital content, and computer consumables, data recording and data storage devices offered on the physical medium if the protective elements such as packaging, tape, seal, package are opened after delivery. f) Contracts for periodicals such as newspapers and magazines other than those provided under a subscription agreement. g) Contracts for accommodation, the carriage of goods, car rental, food and drink supply, and contracts for leisure use in which a certain date or time frame is specified for the performance. ğ) Contracts for services rendered instantly in an electronic environment or for intangible goods delivered instantly to the consumer. h) Contracts for services initiated with the consumer's approval before the withdrawal period expires. Cosmetic and personal care products, underwear products, swimwear, bikinis, books, replicable software and programs, DVDs, VCDs, CDs, and tapes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, undamaged, and unused to be eligible for return. 8.2. The SELLER can make complaints and appeals within the monetary limits stated in the below law to the consumer arbitration committee located in the BUYER’s settlement or where the consumer transaction is made or to the consumer court. Information regarding the monetary limit is below: Effective from 28/05/2014: a) To the district consumer arbitration committees for disputes under 2,000.00 (two thousand) TL pursuant to Article 68 of the Law No. 6502 on the Protection of the Consumer. b) To the provincial consumer arbitration committees for disputes under 3,000.00 (three thousand) TL. c) In provinces with metropolitan status, applications can be made to provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL. This Contract is made for commercial purposes.
SELLER: Restimed Medical Trade
BUYER: {ad_soyad}
DATE: {sipariş_tarihi}
