DISTANCE SALES AGREEMENT
1. PARTIES
BUYER ; (hereinafter referred to as “BUYER” in the contract)
The buyer represents the customer who is a member of the shopping site “www.fabcio.com” and places an order online.
SELLER ; (hereinafter referred to as “SELLER” in the contract)
Trade Name: Fabcio A.Ş. Istanbul
Phone: 0212 123 23 23
E-mail: contact@fabcio.com
Web address: www.fabcio.com
2. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER. BUYER, SELLER’s name, title, full address, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and accepts that it is under the obligation to pay the price subject to the order and, if any, additional fees such as shipping fee and tax, if the seller has been informed about the issue clearly, comprehensibly and in accordance with the internet environment, confirms this preliminary information electronically, and then approves the order subject to the contract. declares.
3. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
The basic features (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the website of the SELLER. If the campaign is organized by the SELLER, the basic features of the relevant product can be examined during the campaign and are valid until the campaign date.
3.2. The prices listed and announced on the site are the sales price including VAT. Announced prices and promises are valid until they are updated and changed (Provisions of article 5.3 of the contract regarding situations arising from impossibility of performance and information system error are reserved). Prices announced for a period of time are valid until the end of the specified period.
3.3. The sales price of the goods or services subject to the contract, including taxes, is shown below and will be borne by the BUYER. The BUYER accepts, declares and undertakes that the information below is correct and that it will cover any damages that may arise if it is not correct or incomplete.
Product Description / Piece / Unit Price / Subtotal / VAT Included / Cargo Amount / Total / Payment Method and Plan / Delivery Address / Delivery Person / Invoice Address / Order Date / Delivery Date / Delivery Type
3.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
4. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address along with the order at the time of order delivery.
5. RIGHTS AND OBLIGATIONS OF THE SELLER
5.1. The SELLER is responsible for fulfilling the obligations imposed on him by the contract in a complete and sound manner, free of defects, except for force majeure, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
5.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. This period can be extended for a maximum of 10 days, provided that the BUYER is notified in writing or with the data carrier in advance. If the product cannot be delivered to the BUYER within the 30-day delivery period, the BUYER reserves the right to terminate the contract. In cases where the product subject to the contract must be delivered to a person and/or organization other than the BUYER, the SELLER cannot be held responsible if the person and/or organization other than the BUYER does not accept the delivery.
5.3. In case the fulfillment of the product or service subject to the order becomes impossible, and if the SELLER cannot fulfill its contractual obligations due to faults that may arise in terms of the feature, model or price of the product as a result of an error or malfunction in the information system, the SELLER shall report this situation in writing within 3 days from the date of learning. as and/or mail, sms etc. It accepts, declares and undertakes that it will notify the consumer through communication means such as communication channels or permanent data storage, and that it will return the total price to the BUYER within 14 days. The BUYER shall not claim any compensation from the SELLER under any name due to the impossibility of performance.
5.4. The SELLER accepts, declares and undertakes that if it cannot deliver the product subject to the contract in due time due to force majeure situations such as the occurrence of unforeseen circumstances that prevent and / or delay the fulfillment of the obligations of the parties, which develop out of the will of the parties, it will notify the BUYER.
BUYER also canceled the order
It has the right to demand from the SELLER that the product subject to the contract is replaced with its precedent, if any, and/or the delivery time is postponed until the obstacle is removed. In case of cancellation of the order by the BUYER, in the payments made by the BUYER in cash (by money order-eft), the product amount is paid to the bank of the buyer in one payment within 14 days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER’s account by the bank. accepts, declares and undertakes that it cannot be held responsible.
5.5. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
5.6. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
5.7. The SELLER reserves the right to stop the order when the information given by the BUYER does not match the reality.
5.8. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
5.9. On the website of the SELLER, links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any commitment or guarantee regarding the information contained in the linked website.
5.10. The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.
6. RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. The BUYER accepts, declares and undertakes that he/she has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website of the SELLER, has given the necessary confirmation in the electronic environment, and will make the payment.
6.2. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the contract product price is not paid and/or canceled in the bank records for any reason, the SELLER’s obligation to deliver the contract product will end.
6.3. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER’s credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the expense of the BUYER.
6.4. The SELLER has the right to reach the BUYER by letter, e-mail, SMS, telephone call and other means via the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later. . By accepting this contract, the BUYER accepts and declares that the SELLER can communicate with him.
6.5. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately, in cash and in advance, indemnify all losses incurred by the SELLER due to the untrueness of this information.
6.6. BUYER, SELLER’s internet
Et accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them while using the website. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
7. RIGHT OF WITHDRAWAL
7.1. BUYER; Within 14 (fourteen) days from the date of delivery of the product to himself or the person/organization at the address indicated, he may use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, provided that he informs the SELLER. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
7.2. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail, fax or e-mail within 14 (fourteen) days. The burden of proof regarding the exercise of the right of withdrawal belongs to the BUYER.
7.3. Within 14 (fourteen) days from the receipt of the withdrawal notification to the SELLER, a refund will be made at once by the SELLER in accordance with the payment instrument used by the BUYER when purchasing the product.
7.4. Unless there is an offer by the SELLER for the goods to be taken back, the goods/product box, complementary accessories, if any, and the products given as a gift together with the goods are delivered to the SELLER completely and undamaged within 10 (ten) days from the moment the BUYER directs the right of withdrawal to the SELLER. have to send it back. If the products and accessories in question are not sent to the seller on time, the buyer’s request for withdrawal will not be fulfilled.
7.5. The BUYER cannot exercise its right of withdrawal if the packaging and content of the product is damaged or deteriorated, or if it cannot be offered for resale. In addition, the cases where the right of withdrawal cannot be exercised as specified in the Distance Sales Regulation are reserved. Audio or video recordings, software programs and computer consumables, such as CDs, DVDs, unpacked by the BUYER, goods produced in line with the BUYER’s special requests or his personal needs (including those that are customized for the person / personal needs by making changes or additions), The right of withdrawal cannot be exercised in relation to the services that are started to be performed within the period of the right of withdrawal with the approval of the customer and other goods and services that are considered outside the scope of distance sales pursuant to the relevant legislation.
7.6. If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses at the rate of the BUYER’s fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
7.7. In case the purchase is made by the BUYER with a credit card and in installments, after the SELLER has paid the price of the product to the Bank at once, if the BUYER has requested to purchase the product in installments, the Bank will return the refund to the BUYER in installments in the same way.
7.8. If this right (RIGHT of WITHDRAWAL) is used;
a) The original invoice of the product delivered to the 3rd person or the BUYER,
b) Return form sent at the delivery of the product (signed by the BUYER),
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The return cost belongs to the SELLER.
7.9. If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.
7.10. In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
7.11. In the purchased electronic products, no return is accepted in case of inserting a sim card, establishing a network connection with WIFI, installation, use of consumables, removal of protective tapes, activation and creation of users.
8. STATUS OF DEADLINE AND LEGAL CONSEQUENCES
In the event that the BUYER defaults due to its debt, it accepts, declares and undertakes that it will pay the loss and damage suffered by the SELLER due to the delayed performance of the debt. In cases where the payment is made by credit card, the BUYER accepts, declares and undertakes that he is responsible to the bank.
9. EVIDENCE AGREEMENT AND AUTHORIZED COURT
In the resolution of any dispute that may arise from this Agreement and/or its implementation, the SELLER shall constitute conclusive evidence of commercial books and internet records (including records in magnetic media such as computer-sound recordings).
In disputes arising from this contract, consumer arbitration committees and consumer courts are authorized according to the monetary value announced by the Ministry of Commerce. Accordingly, for 2019, its value is 5,650 (five thousand and six thousand
In disputes under Turkish Lira, District Consumer Arbitration Committees, in disputes between 5,650 (five thousand six hundred and fifty) Turkish Lira in provinces with metropolitan status and 8,480 (eight thousand four hundred and eighty) Turkish Lira, Provincial Consumer Arbitration Committees in disputes under 8,480 (eight thousand four hundred and eighty) Turkish Liras in the centers of provinces that are not metropolitan status Provincial Consumer Arbitration Committees, Provincial Consumer Arbitration Committees, application is obligatory in disputes between 5.650 (five thousand six hundred and fifty) Turkish Liras and 8.480 (eight thousand four hundred and eighty) Turkish Liras in districts of provinces that are not in metropolitan status. No application can be made to consumer arbitration committees for disputes above these values.
10. EFFECT AND CONTRACT DATE
The BUYER is deemed to have accepted all the terms of this contract at the time of placing an order on the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled. The contract date is the order date.
RETURN POLICY
What are the return conditions?
You can apply for a refund to www.fabcio.com within 14 days from the day you receive your product from the cargo. You must send the product by courier within 10 days of your return application. The shipping fee for the products sent within the scope of return belongs to the SELLER.
The conditions under the return are as follows:
• The promotional and campaign products of the product you will return, given as a gift, must be returned at the same time with the product, together with their original packaging.
• For returns, the product’s original box/packaging, original invoice, and the return form that comes with the product must be filled and signed and sent.
• All standard accessories of the product must be sent undamaged and in their original packages.
How can I perform the return process?
Perform the following steps:
• We only make returns with Yurtiçi Kargo. You need to contact Yurtiçi Kargo for your return process.
• For the return process, first enter the “My Orders” page from your account at www.fabcio.com.
• Select the product you want to return by viewing your order.
• Click on RETURN OPERATIONS button.
• Read the Return and Shipping Conditions by briefly explaining why you want to return the product in the Explanation section, and tick the “I have read and accept the Return and Return Conditions” option to confirm your acceptance.
• Click on the CREATE REQUEST button.
• After your return request is created, the RETURN CONFIRMATION NO will be displayed on the My Orders page for your relevant order.
• Fill in the RETURN/EXCHANGE form that came with your product. Write the RETURN APPROVAL number in the place indicated on the form and remove the labeled part of the number.
• Stick the RETURN APPROVAL NO label visibly on the package and inform the Yurtiçi Kargo officer of this number. Please send the RETURN form and original invoice, filled and signed by you, together with the product, to our address until the specified date.
Will I pay shipping fees when returning my product?
• You do not pay a “shipping fee” for returns.
How will I deliver the product to the cargo company?
• You can reach Yurtiçi Kargo as stated below. It is sufficient to indicate to the cargo officer that the recipient is www.fabcio.com along with the RETURN CONFIRMATION NO.
• You can request a courier to your address by calling Yurtiçi Kargo Call Center (444 99 99),
• You can request an online courier by using the “Click to Send” service under the “Submit” menu on the http://www.yurticikargo.com website.
• You can send online via the http://www.yurticikargo.com website by registering to the individual internet branch,
• With the help of this link, you can learn the address of the nearest Yurtiçi Kargo branch and deliver it directly to the branch.
How will I follow the process after sending the product?
• After your product is received by www.fabcio.com, it will be checked together with its packaging, accessories and invoice.
• If the return is approved, the “product price” will be refunded to you within 14 days.
• If your return does not comply with the return conditions; The relevant product will be sent to your address with free shipping.
• You can track the status of your return from the details of your order on the My Orders page.
When and how can I get the money back for the product I returned?
• If the product/products you send are approved by www.fabcio.com, the “product price” will be refunded to you within 14 days.
• When the Product Price Refund process is completed, an information message will be sent to your registered e-mail address.
• If the payment method is “Credit Card” and your preference is “Refund”; Your payment will be made online immediately to your credit card.
• The reflection of your payment on your account may vary according to the processing times of the banks.
(*) Invoice of the product you will return If it is sal, you must send it with the return invoice issued by the institution when returning it. The return invoice should be issued without including the cargo share (in the form of product unit price + VAT).
