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Sales Agreement

PRELIMINARY INFORMATION

 

ARTICLE 1

ARTICLE 1.1

Title: *

Address: ZUHURATBABA MAH. YÜCE TARLA CAD., ERCİYES SİT. NO:9A / 1 BAKIRKÖY / İSTANBUL

Phone: +905494215050

Fax: **

 

ARTICLE 1.2 – BUYER

 

The person who is a member of proterra.com.tr shopping site as a customer. Address and contact information that you use while subscribing are taken as a basis.

 

 

 

ARTICLE 2 PRODUCT SUBJECT TO CONTRACT SPECIFICATIONS

The Specifications of Product and Services are in www.sefamerve.com. You can look over the specifications of Product during the campaign process.

 

The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.

Goods/Product/ Service Type, Quantity, Brand/Model, Color, Number, Price, Method of payment are formed When the order is finished.

 

The shipping fee, which is the shipping cost of the product, will be paid by the BUYER and it is not refundable.

 

ARTICLE 3 GENERAL PROVISIONS

3.1) Contract Product is delivered to the BUYER or the person/organization at the address indicated in the preliminary information on the website and depending on the distance of the BUYER's location, providing that it does not exceed the legal 30-day period for each product.

3.2) the seller cannot be held responsible for the failure to deliver the ordered product to the buyer due to any problems that the cargo company will encounter during the delivery phase of the product to the buyer.

3.3) The seller is responsible for the delivery of Contract Product, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.

3.4) THE BUYER, declares that he/she confirms electronically that the product on the internet

site www.proterra.com.tr will be delivered with the basic qualities, the selling price including all

taxes and the specified payment method will be paid by the BUYER, that he/she has read and

understood the preliminary information concerning delivery time, commercial name of the

SELLER, its registered address and contact information.

THE BUYER, by confirming this contract electronically, confirms that he/she accurately and

completely received the information about the address, basic features of the ordered products,

and the tax-inclusive prices of products, delivery information and right of withdrawal and the

content of the right of withdrawal prior to the execution of this contract.

3.5) THE BUYER hereby agrees, declares and undertakes that he/she has read and understood

all other preliminary information that are legally mandatory to be present due to the Law No 6502

Concerning the Protection of the Consumer and the Regulation of Distant Sales and that he/she

provided the required confirmation from the web site www.proterra.com.tr  electronically.

3.6) The product subject to contract, will be delivered within the period specified on the web site

based on each product and the distance to the BUYER’s residence, but in all cases less than 30

(Thirty) days, to the BUYER or the person/organization he/she indicates. The BUYER will pay all

shipment fees concerning the delivery in Article 3 and the it will be billed in the order invoice

under the title “Shipment Fee“.

3.7) If the product subject to contract will be delivered to another person/organization than the

BUYER, the SELLER cannot be held responsible if the person/organization that will receive the

delivery does not accept it. In case the delivery is delayed and ⁄ or the Product cannot be

delivered due to problems caused by the shipment company, the SELLER cannot be held liable.

In case the Product is not delivered due to the BUYER’s absence at the address, the SELLER

cannot be held responsible in any way.

3.8) THE BUYER is responsible to check the product on delivery, reject the delivery if a cargo-

related problem appears on the Product and to make the shipment company’s officer file a report.

Otherwise, the SELLER will not accept any responsibility.

3.9 The SELLER is responsible to deliver the product intact, complete, in conformance with the

qualities specified in the order, and along with its user’s manuals and warranty documents.

4.0 In case the delivery of the product or service becomes impossible and the SELLER cannot

fulfil its contractual duties, it informs the customer before the obligation to perform that arises

from the contract expires and may supply a different product of equivalent quality and price to

the BUYER, if the item itself is not in the inventory. In that case, the SELLER is considered fulfilled

its Product Supply duty. In this case, the BUYER has the right to reject the product and terminate

the contract.

4.1. If the relevant bank or financing institution does not pay the product’s price to the SELLER

following the product’s delivery, because the BUYER’s credit card, banking card, debit card and ⁄

or other payment methods on the Internet Site are used by unauthorized persons unjustly or

unlawfully; the BUYER is required to return the product (if it was delivered) within 3 (three) days.

In this case, the shipment expenses belong to the BUYER.

4.2. The SELLER is responsible to inform the BUYER if the SELLER cannot perform the delivery

for the Product subject to contract on time, due to force majeure events or weather conditions,

transportation blocks etc. reasons that prevent shipment,  In this case the BUYER has the right to

cancel his/her order and terminate the contract. In case the Contract is terminated, the SELLER

is responsible to return all the payments it has collected including the shipment fees to the

BUYER in cash and in full, within 14 (fourteen) days of the delivery of the termination notice.

4.3. The SELLE has the right to cancel the purchases that exceed consumer needs over the

internet site. The purchases that exceed consumer needs, purchases involving more than 3

(three) products, the SELLER reserves the right to cancel the whole order or delivering only 3

(three) products, which are the retail limits.

4.4. The BUYER has to pay the full price of the Product before delivery, unless otherwise

agreed upon in writing by the SELLER. If the Product price is not paid to the SELLER in full for

single instalment sales,  or the instalment that is due is not paid on time for multiple instalment

sales, the SELLER has the right to unilaterally terminate the contract and refuse to deliver the

Product.

If, for any reason, the Bank/financial institution that owns the credit card used for payment does

not pay the Product price to the SELLER or requests the return of the payment after the delivery

of the Product, the BUYER shall return the Product to the Seller within 3 days. If the non-payment

of the Product price is due to a fault or negligence of the BUYER, the BUYER shall pay the

shipment fee.

 

ARTICLE 5 RIGHT OF WITHDRAWAL

5.1) The BUYER has the right of withdrawal for 14 (fourteen) days following the delivery of the

Product subject to contract to him/her or to the person/organization in the address he/she

specifies, without specifying any reason.

 

5.2) To use the right of withdrawal, the BUYER must inform the SELLER within 14 (fourteen)

days e-mail and by filling the online form for returns, and the Product should be unused and in a state

that can be resold by the SELLER according to the provisions of Article 15, “Exceptions of the Right of

Withdrawal” of the Regulation of Distant Sales, published in the Official Gazette dated 27.11.2014 and

Article 6 of the electronically signed Distant Sales Contract executed between the Parties. In case this

right is exercised,

  1. a) The invoice of the Product that is delivered to the Third Party or the BUYER (If the invoice is

corporate, along with the return invoice issued by the returning organization) must be sent to the

SELLER within 10 (Ten) days with the products. The returns of purchases, the invoices of which are

issued for corporations will not be completed if the RETURN INVOICE is not issued.

  1. b) The Return Form,
  2. c) The box, packaging and standard accessories (if any) of the products to be returned need to

be delivered to the SELLER within 10 (Ten) days from the delivery of the right of withdrawal

request. The Product price shall be returned to the BUYER within 14 days following the delivery

of the request of right of withdrawal to the SELLER.

In case the right of withdrawal is exercised, the BUYER is responsible to return the goods

to the SELLER within 10 (Ten) days following the delivery of the request of right of

withdrawal to the SELLER. The BUYER will bear the return expenses.

If the Consumer does not send the goods within 10 (Ten) days following the date on which

the notice concerning the right of withdrawal is delivered to the SELLER, the right of

withdrawal will be deemed waived.

When the Product is being returned to the SELLER, the original invoice delivered to the BUYER

shall also be returned (to ensure consistency in our accounting records) and the return process

will not be executed if the invoice is not delivered along with the Product. Invoice should be returned

with the products with the text “RETURN INVOICE” and it should be signed by the BUYER.

5.3) to use the right of withdrawal, the packaging of the product must be closed, unharmed and

the product shouldn’t be used or tried.

 

ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Prepared according to buyer's requests or his needs clearly personal nature are not suitable to be sent back to danger or disruption, which are likely to pass quickly and the expiration date of the goods and the packaging has been opened by the buyer, provided that audio or video recordings, computer software programs and a refund of consumables according to regulations, it is not possible.

In the application of this preliminary information, consumer arbitration committees and consumer courts are authorized at the place where the buyer has purchased the goods or services and where the buyer has his residence until the value declared by the Ministry of Industry and trade.

Seller complaints and objections about the application, T.C. Within the monetary limits set by the Ministry of industry and trade in December each year, the consumer may make the goods or services available to the arbitration committee or the consumer court at the place of purchase or residence. Below is information on the monetary limit:

Effect on 1/1/2012:

  1. a) the lower monetary limit on whether there will be evidence in the upper or consumer courts that the decisions of the arbitration committees on consumer problems in paragraph 5 and 6 of Article 22 of the Law No. 4077 on Consumer Protection will be binding is TL 1.161,67
  2. b) In the third paragraph of Article 5 of consumer problems arbitration committees regulation published in the official gazette dated 1/8/2003 and numbered 25186, the lower monetary limit for the provincial arbitration committees operating in metropolitan provinces is TL 3.032,65.

This preliminary information is for commercial purposes.

DISTANCE SALES AGREEMENT

ARTICLE 1

1.1 – SELLER

TITLE: **

Address: : ZUHURATBABA MAH. YÜCE TARLA CAD., ERCİYES SİT. NO:9A / 1 BAKIRKÖY / İSTANBUL

Phone:

Fax:

E-mail: *

 

1.2 – BUYER

As a customer *proterra.com.tr the person who signed up for the shopping site.

The address and contact information used to become a member shall be based on

 

ARTICLE 2 - TOPIC

 

The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on protection of consumers and the regulation on the principles and procedures for implementing distance contracts in relation to the sale and delivery of the product, which the buyer has ordered electronically from the seller's website *

ARTICLE 3-PRODUCT SUBJECT TO CONTRACT

Product / product / service type, quantity, brand / model, colour, number, sales price, payment method, information at the end of the order consists of

 

ARTICLE 4 - GENERAL PROVISIONS

4.1 receiver, proterra.com.tr on the website, it declares that it has read the preliminary information about the basic characteristics of the product subject to contract, the sale price and payment method including all taxes, and that it will cover the delivery and its costs by the buyer, the time the delivery will be performed, and the seller's full trade Title, Open address and contact information, and that it

4.2 the product subject to the contract shall be delivered to the buyer or the person/entity at the address indicated by the buyer within the period described in the preliminary information on the website, depending on the distance of the buyer's settlement for each product, provided that it does not exceed the legal 30-day period. All cargo charges related to the delivery shown in Article 3 will be covered by the buyer and will be reflected in the invoice related to the order under the name of “shipping charge”.

4.3 If the product subject to the contract is to be delivered to another person/entity other than the buyer, the seller cannot be held responsible for the person/entity to be delivered not accepting the delivery.

4.4 The seller cannot be held responsible for the failure to deliver the ordered product to the buyer due to any problems that the cargo company will encounter during the delivery phase of the product to the buyer.

4.5 the seller is responsible for delivering the product subject to the contract with sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

4.6 The seller may supply a different product of equal quality and price to the buyer before the expiry of the contractual performance obligation, provided that it is justified.

4.7 the subject of the order is impossible of fulfilment if the seller fails to fulfil the contractual obligations product or service if this condition, the contractual obligation to notify the consumer before it expires and the recipient can supply a different product of equal quality and price.

4.8 for delivery of the product subject to the contract, a signed copy of this contract must be delivered to the seller and its price must be paid in the manner of payment preferred by the buyer. If the product price is not paid for any reason or is cancelled in the bank records, the seller is considered free from the obligation to deliver the product.

4.9 The buyer accepts and undertakes that the credit card information defined in the system during the transaction is correct and that he / she has any legal and criminal legal responsibility arising from the use of this credit card. If the bank or financial institution does not pay the price of the product to the seller due to the use of the credit card belonging to the buyer's credit card by unauthorized persons unfairly or unlawfully after the delivery of the product, the product must be sent to the seller within 3 days, provided that it has been delivered to the buyer In this case, the transportation expenses belong to the buyer. If the buyer does not send the product back, the seller accepts and undertakes that the product price will be transferred to the bank accounts without any notice in case the product price is not taken from the credit card for any reason or the product price is returned to the credit card.

4.10 if the seller cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as Air opposition preventing the transportation or interception of Transportation, the seller is obliged to inform the buyer of the situation. 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 delay the delivery period until the blocking situation is eliminated. If the buyer cancels the order, the amount paid by the buyer will be paid in cash and once within 10 days.

4.11 points awarded by the seller to the customer through a campaign are valid only for one purchase. These points are not returned even if the product is returned.

If the buyer makes payments by credit card, the product amount is returned to the relevant bank within 7 days after the cancellation of the order by the buyer. Since the reflection of this amount in the accounts of the buyer after the return to the bank is entirely related to the bank transaction process, the buyer already accepts that it is not possible for the seller to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card

ARTICLE 5-RIGHT TO WITHDRAW

The buyer has the right to withdraw without having to give any reason within 14 days of the delivery of the product subject to the contract to him or the person/entity at the address he has indicated.

However, in products specially prepared, offered for sale and/or imported to the buyer for certain days such as Christmas, holidays, mother's day, the product cannot be refunded in campaign and promotional products; the buyer accepts these terms and carries out his shopping.

Notice to the seller by fax or email within a 14-day period for the exercise of the right of withdrawal and the product's 6. it must not be used under the provisions of the article. If this right is exercised.

  1. a) 3. The invoice for the product delivered to the person or the buyer (if the invoice for the product requested to be returned is corporate, IT must be sent with the return invoice issued by the institution when returning it. Order returns issued on behalf of the institutions will not be completed unless the return invoice is issued)

 

  1. b) Return form,

 

  1. c) The products to be returned within the 14-day period must be delivered complete and undamaged, together with the box, packaging, standard accessories, if any. The product price is returned to the buyer within 10 days following the delivery of these documents to the seller.

The cargo price of the product returned due to the right of withdrawal will be borne by the seller in domestic orders and by the buyer in foreign orders. The seller does not refund the shipping fee charged by the buyer when selling the product.

When the product is returned to the seller, the original invoice submitted to the buyer during the delivery of the product (in order to ensure consistency in our accounting records) must be returned, and if the invoice is not sent to the seller with the product or within 5 days of the delivery of the product at the latest, The Return will not be “Return invoice” will be written on the invoice to be returned with the product and signed by the buyer.

ARTICLE 6-PRODUCTS WHOSE RIGHT TO WITHDRAW CANNOT BE USED

As a result of its nature, disposable products, software which can be copied and programs, products that deteriorate fast or are likely to pass the expiration date are not accepted for return.

ARTICLE 7-DEFAULT OF DEBTOR

In the event of buyer's default, buyer agrees to pay seller's losses and losses due to the delayed performance of the debt. In the event that buyer's default is caused by Seller's defect, buyer will not be obliged to meet any claim for loss or damage.

ARTICLE 8-COMPETENT COURT

In the application of this preliminary information, consumer arbitration committees and consumer courts are authorized at the place where the buyer has purchased the goods or services and where the buyer has his residence until the value declared by the Ministry of Industry and trade.

Seller complaints and objections about the application, T.C. Within the monetary limits set by the Ministry of industry and trade in December each year, the consumer may make the goods or services available to the arbitration committee or the consumer court at the place of purchase or residence. Below is information on the monetary limit:

Effective from 28/05/2014;

  1. a) pursuant to Article 68 of the law on the protection of consumers No. 6502, the value of two thousand to three thousand Turkish lira Turkish Lira District Consumer Disputes under the arbitration committee of disputes under provincial consumer arbitration committees in provinces with metropolitan status, with three thousand two thousands of Turkish lira Turkish lira settlement of disputes between provincial consumer arbitration committees must apply. For disputes over these values, an application cannot be made to consumer arbitration committees.
  2. B) In the case of disputes over the specified value, an application must be made to the Consumer Court and, where there is no consumer court, to the courts of First Instance as the Consumer Court.

This information is provided for commercial purposes.

Please note: before signing the cargo report, please check that your cargo package is damaged or or not due to transport. If there is damage to your cargo package for any reason, return your cargo to the cargo authority without signing any documents related to the delivery. We will send you new products immediately. Cargo package damaged products in case of delivery of the damage or lack of products in the sefamerve.com he is not responsible.

 

15.All of these terms and conditions are subject to Turkish law.

Prepared by  T-Soft E-Commerce.