Distance Sales Contract
1- PARTIES
1.1 TOOL
TITLE: E-Antique Auction
ADDRESS: İskenderpaşa Mah. Kirma Tulumba Sok. No:1/163 Fatih / Istanbul
1.2 SELLER: / 1.3 BUYER / NAME AND SURNAME: / ADDRESS: / PHONE: / MEMBER NUMBER:
2- SUBJECT OF THE CONTRACT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the buyer has ordered electronically from ARTHILL, which provides intermediary services.
3- PRODUCT
The product, payment and delivery information that is the subject of this distance sales contract is as follows:
Product: / Product number: / Quantity: / Sales price(+VAT): / Intermediary Commission: / Shipping Fee: / TOTAL: /
Payment method: / Delivery Address: / Delivered Person: / Invoice Address: / Order Date:
4- GENERAL PROVISIONS
4.1 – The purchase price of the product(s) subject to the distance sales contract, which is offered for sale on the websites of E-Antika Auction, with the domain name www.e-antika.com, as stated above and specified on the websites named www.e-antika.com , accepts and declares that it has read the preliminary information and other information regarding the payment method and delivery, and has been informed correctly and completely, and has given the necessary confirmation regarding the purchase in electronic environment.
4.2 The product/products subject to the distance sales contract, within 7 days for local deliveries, 14 days for out-of-town deliveries, in any case not exceeding the legal 30 (thirty) day period determined by laws and regulations, depending on the distance of the Buyer's place of residence for each product. It is delivered to the buyer or the person/organization at the address indicated.
This delivery period will start from the date of payment for the relevant product(s).
4.3 If the product subject to the contract is to be delivered to another person/organization from the Buyer, E-Antika Audade cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4 E-Antika Auction cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the Buyer, or if the ordered product cannot be delivered to the Buyer or is delivered late.
4.5 E-Antika Auction aims to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, to perform its performance in accordance with the requirements of legal regulations, free from all kinds of defects, in accordance with the standards, within the principles of accuracy and honesty, to protect and increase the service quality, to ensure that during the performance of the work. accepts, declares and undertakes to show the necessary care and diligence, to act with prudence and foresight.
4.6 The buyer is responsible for checking the product(s) upon receipt and, when he/she sees a problem with the product(s) due to cargo, not accepting the product(s) and keeping a report to the cargo company official.
4.7 For the delivery of the product/products subject to the distance sales contract, this distance sales contract must be confirmed electronically and the price of the product/products must be paid in the form of payment preferred by the Buyer.
The payment for the purchased products is made by the buyer in advance via pay-pal, credit card or money order.
As soon as the buyer pays the entire sales price, Value Added Tax (VAT) and brokerage company commission (+VAT), E-Antika Müzayede's obligation to deliver the product will arise. If, for any reason, the price of the product(s) is not paid or canceled in the bank records, E-Antika Auction is deemed to be released from the obligation to deliver the product(s).
4.8 In case the payment for the product/products subject to the distance sales contract is made by the Buyer by credit card, including the unfair and unlawful use of the credit card by unauthorized persons, which may result from the difference between the Buyer and the credit card holder or the person to whom the product/products will be delivered. All legal risks belong to the Buyer.
The Buyer agrees and undertakes that he will not make any claims from E-Antika Auction in case of any damage in the aforementioned situations.
4.9. In the event that the price of the product subject to the contract is not paid to E-Antika Auction by the relevant bank or financial institution as a result of the unfair use of the Buyer's credit card by unauthorized persons after the delivery of the product subject to the contract to the person/organization at the address indicated by the Buyer or the Buyer, the Buyer may, It accepts, declares and undertakes that it will return the product subject to the contract to E-Antika Auction within 3 days at the Buyer's expense.
4.10 If the payment for the product/products subject to the distance sales contract is made by the Buyer in the form of 'deposit to account', the IBAN number belonging to a bank account belonging to him is correct and complete, to be used in cases where the price of the product/products is required to be returned to the Buyer in accordance with the terms specified in this contract accepts and undertakes to notify E-Antika Müzayede in any way and consent to the refund to the IBAN number by E-Antika Müzayede.
4.11 Buyer and E-Antika Müzayede agree, declare and undertake that the correspondence addresses mentioned at the beginning of this distance sales contract are valid notification addresses and that all notifications directed to this address will be considered valid.
4.12 The parties accept, declare and undertake that they accept the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts as well as the terms of this Agreement and that they will act in accordance with these provisions.
4.13 Persons under the age of 18 and adults who lack the power to distinguish or have limited capacity cannot shop from E-Antika Müzayede.
4.14 All articles of this Agreement have been read and accepted by the Parties, and this Agreement enters into force on the date it is electronically approved by the Buyer.
5- RIGHT OF WITHDRAWAL
5.1 The Buyer has the right to withdraw from this Agreement without giving any reason within 14 (fourteen) days from the delivery of the product subject to this Agreement to himself or the person/organization at the address indicated.
In order for the Buyer to exercise his right of withdrawal, it is obligatory to notify E-Antika Auction within this period.
In order for the Buyer's right of withdrawal to be exercised, he must notify E-Antika Müzayede in writing, provided that the product has not been damaged.
This notice may be by registered mail, fax or e-mail.
If there is a decrease in the value of the goods due to the Buyer's defect or if the return becomes impossible, the Buyer is obliged to compensate the damages of E-Antika Auction at the rate of the defect.
5.2 Following the receipt of the right of withdrawal notice to E-Antika Auction, E-Antika Auction shall share the confirmation information regarding the receipt of the notification with the BUYER and within 14 (fourteen) days following the receipt of the notification E-Antika Auctione will pay the price of the product(s) subject to the right of withdrawal. shall be returned to the Buyer in accordance with its form.
6- EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the DISTANCE CONTRACTS REGULATION published in the Official Gazette dated 27.11.2014 and numbered 29188;
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding the services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal,
It is not possible to exercise the right of withdrawal.
7- DEBT DEBT
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank.
In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the Buyer, and in any case, if the Buyer defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the loss and damage suffered by E-Antika Müzayede due to the delayed performance of the debt.
8- AUTHORIZED COURT
In disputes that may arise regarding this Agreement, the Consumer Problems Arbitration Committees in the Buyer's settlement are authorized up to the value announced by the Ministry of Customs and Trade every year, and the Consumer Courts are authorized in disputes over the said value.
