Sales Contract
SALES CONTRACT
ARTICLE 1 – PARTIES TO THE CONTRACT
SALES PERSON:
Name/Title: IRK HABERGOODS AND CLOTHING INDUSTRY AND TRADE LIMITED COMPANY
Address: Talatpaşa Mah. İlkyaz St. No:25, 38000 Kocasinan / Kayseri, Turkey
Phone: 554 882 77 74
Email: info@irk.com.tr
BUYER:
Name/Title: [Recipient's name/title will be written here]
Address: [Recipient's address will be written here]
Phone: [Recipient's phone number will be written here]
Email: [Recipient's email address will be written here]
ARTICLE 2 – SUBJECT OF THE AGREEMENT:
The subject of this contract is the determination of the rights 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 Application Principles and Procedures of Distance Contracts regarding the sale and delivery of goods/services that the Buyer has ordered electronically from the website of the Seller, Irk haberdashery and clothing san. ve tic. ltd. Şti. (Irk kids), which have the qualities mentioned in the contract and the sales price of which is also specified in the contract. The Buyer accepts and declares that he/she is informed about the basic qualities of the goods/services subject to sale, the sales price, payment method, delivery conditions, etc., all preliminary information about the goods/services subject to sale and the right of "withdrawal", that he/she has confirmed this preliminary information electronically and has subsequently ordered the goods/services in accordance with the provisions of this contract. The preliminary information and invoice on the payment page of the website of Irk haberdashery and clothing san. ve tic. ltd. Şti. (Irk kids) are integral parts of this contract.
ARTICLE 3 – CONTRACT DATE:
This two-copy contract, which was previously signed by the seller, has been signed and accepted by the buyer on …. and one copy will be sent to the buyer’s e-mail address.
ARTICLE 4 – DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF THE CONTRACT AND METHOD OF DELIVERY:
The goods/services will be delivered to …. at the …. address requested by the buyer.
ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE:
Delivery costs are the responsibility of the buyer. If the seller has declared on the website that the delivery costs of those who shop above the amount declared will be covered by the seller or that free delivery will be made within the scope of the campaign, the delivery costs are the responsibility of the seller. Delivery is made as soon as possible after the stock is available and the price of the goods is transferred to the seller's account. The seller delivers the goods/services within 30 (thirty) days from the date of order and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the price of the goods/services is not paid for any reason or is cancelled in the bank records, the seller is deemed to be relieved of the obligation to deliver the goods/services.
ARTICLE 6 – REPRESENTATIONS AND WARRANTIES OF THE BUYER:
The Buyer shall inspect the goods/services subject to the contract before receiving them; and shall not accept goods/services that are damaged or defective such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the Buyer. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned. If the relevant bank or financial institution does not pay the price of the goods/services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the goods/services, the Buyer is obliged to send the goods/services to the Seller within 3 (Three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.
ARTICLE 7 – DECLARATIONS AND COMMITMENTS OF THE SELLER:
The seller is responsible for the delivery of the goods/services subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the goods/services subject to the contract are to be delivered to a person/organization other than the buyer, the seller cannot be held responsible for the person/organization to whom the delivery is made not accepting the delivery. The seller shall return the price of the goods/services and any valuable documents within 10 (ten) days after the withdrawal declaration is received. The seller shall receive the goods/services back within 20 (twenty) days. For justified reasons, the seller may supply the buyer with equal quality and price before the performance period in the contract expires. If the seller thinks that the performance of the goods/services has become impossible, the seller shall notify the buyer before the performance period in the contract expires. The paid price and any documents shall be returned within 10 (ten) days. Goods/services that are defective or broken, whether or not they are among the goods/services sold with a warranty certificate, can be sent to the seller for the necessary repairs under warranty conditions, in which case the delivery costs will be covered by the seller.
ARTICLE 8 – CHARACTERISTICS OF THE GOODS/SERVICES SUBJECT TO THE CONTRACT:
The type and kind of goods/services, quantity, brand/model, color and sales price including all taxes are as stated in the information on the goods/service promotion page on the website named Irk haberdashery and clothing industry and commerce ltd. Sti. (Irk Kids) and in the invoice which is considered an integral part of this contract.
ARTICLE 9 – CASH PRICE OF GOODS/SERVICES:
The cash price of the goods/services is included in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer together with the product.
ARTICLE 10 – FORWARD PRICE:
The sales price of the goods/services, according to the maturity date, is included in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer together with the product.
ARTICLE 11 – INTEREST:
The interest rate determined by the Government of the Republic of Turkey each year and in any case cannot exceed 30%. The buyer is responsible to the bank he works with.
ARTICLE 12 – DOWN PAYMENT AMOUNT:
The down payment amount for the goods/services is included in the sample invoice sent to the customer at the end of the order and in the invoice sent to the customer together with the product.
ARTICLE 13 – PAYMENT SCHEDULE:
If the buyer makes a purchase with a credit card and in installments, the installment type selected from the site is valid. In installment transactions, the relevant provisions of the contract signed between the buyer and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the buyer. The buyer can also track the number of installments and payments from the account statement sent by the bank.
ARTICLE 14 – RIGHT OF WITHDRAWAL:
The buyer may exercise the right of withdrawal within 7 (seven) days from the delivery of the goods/services subject to the contract to him/her or to the person/organization at the address he/she has indicated. In order to exercise the right of withdrawal, it is required that the seller's customer services be notified by e-mail or telephone within the same period and that the goods/services have not been used within the framework of the provisions of Article 15 and in accordance with the preliminary information published on the website of Irk Haberdashery and Confection Industry and Trade Co. Ltd. (Irk Kids) which is an integral part of this contract. In case of exercise of this right, the original invoice for the goods/services delivered to the 3rd party or the buyer must be returned. The price of the goods/services shall be returned to the buyer within 7 days following the receipt of the notification regarding the right of withdrawal and the goods/services shall be received back within 20 (twenty) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the buyer. The delivery cost of the goods/services returned due to the right of withdrawal shall be covered by the seller.
ARTICLE 15 – GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:
Goods/services that cannot be returned due to their nature are goods/services that deteriorate rapidly and have expired, single-use goods/services, hygienic goods/services, all kinds of software and programs that can be copied. In addition, in order to exercise the right of withdrawal for all kinds of software and programs, various media (DVD, CD, etc.), computer and stationery consumables (toner, cartridge, ribbon, etc.) and cosmetic materials, the packaging of the goods/services must be unopened, intact and unused.
ARTICLE 16 – DEFAULT AND ITS LEGAL CONSEQUENCES:
If the buyer defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may request the expenses and attorney fees from the buyer and in any case, if the buyer defaults on the debt, the buyer agrees to pay the seller's losses and damages due to the delayed payment of the debt.
ARTICLE 17 – COMPETENT COURT:
In disputes that may arise from this contract, Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade, Consumer Courts are authorized for values above the specified value, and Civil Courts of First Instance are authorized in places where none are available.
