This Preliminary Information Form has been prepared in accordance with the Law No.6502 on the Protection of Consumer and the Regulation on Distance Contracts.
ARTICLE 1 SELLER INFORMATION
ARTICLE 2 SUBJECT AND SCOPE OF THE CONTRACT
The subject of this Preliminary Information Form (“Form”) is to provide the required information for the Consumer related to the sale and delivery of the Products (“Products”) whose qualities and sales prices are specified below in accordance with the provisions of Law No. 6502 on the Protection of the Consumer ( the “Law) and the Regulation on Distance Contracts published in the Official Gazette No. 29188 on 11/27/2014 ( the “Regulation”).
The subject of this Contract is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts with regard to purchase / sale and delivery of the goods or service whose qualities and sales price are specified in the Form, which the BUYER has ordered electronically from the shop.fersan.com.tr website belonging to the SELLER.
ARTICLE 3 MAIN FEATURES OF THE GOODS SUBJECT TO SALE AND PAYMENT INFORMATION
The description of the products, the unit amount, quantity and information about payment terms are as follows, and this information has also been approved by the Consumer.
ARTICLE 4 DURATION OF THE COMMITMENTS
The prices specified in Article 3 are the sales price. The announced prices and commitments shall be valid until they are updated and changed. The prices announced for a specific period shall be valid until the end of the specified period.
The seller shall be responsible for delivering the contractual goods or service to the Consumer in accordance with the consumer legislation, in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
If the seller is unable to deliver the contractual goods or service within the due time due to force majeure or extraordinary circumstances that prevent transportation, he/she shall be obliged to notify the Consumer within 3 (three) days from the date he/she learns the delay.
ARTICLE 5 DELIVERY OF PRODUCTS
5.1. Delivery of the goods shall be made within the promised time after the payment. The seller shall deliver the goods or services within 30 (thirty) days from the order of the goods or service by the Consumer, except for the situations where the fulfillment of the goods or services subject to the order becomes impossible. This period may be extended for a maximum of 10 (ten) days, provided that the consumer is notified in advance in writing or through a continuous data carrier.
If, for any reason, the cost of the goods or services is not paid by the Consumer or the payment made is canceled in the bank records, the Seller is deemed to be free from the obligation to deliver the goods or services.
The Consumer shall be responsible for the shipping cost in the order cancellations made by the Consumer after the goods have been shipped by the Seller, but before the consumer receives them.
In cases where the fulfillment of the performance related to the goods or services subject to the order becomes impossible, the Seller shall inform the Consumer within 3 (three) days from the date of learning about this situation, and refund all the payments collected, including the delivery costs, if any, within 14 (fourteen) days at the latest from the date of notification.
5.2. In the event where the seller is instructed to deliver the products to another person indicated by the Consumer, the Seller shall not be held responsible if the person / organization to whom the products will be be delivered does not accept the delivery.
5.3. The consumer shall be obliged to check the Products as soon as they are received and to immediately inform the Seller of any defects.
ARTICLE 6 RİGHT OF WİTHDRAWALAL
6.1 The Consumer, without being subject to any legal or criminal liability and without any justification, may use the right of withdrawal within 14 (fourteen). This 14-days period starts from the date of delivery of the goods for orders related to the goods and from the purchase date for orders related to the services. The consumer can also use his/her right of withdrawal within the period until the delivery of the goods.
6.2 When the consumer is returning the product(s) for which the right of withdrawal is used, he/she shall tick the reason for the return on the e-invoice printout as “the return of the products due to the right of withdrawal” and shall send the document with wet signature to the warehouse where the products will be returned. The Consumer is required to return the goods within 10 (ten) days from the date of the use of the right of withdrawal by filling out the return request form on the relevant page and obtaining the return address information.
6.3 Together with the Products to be returned, the product invoice, product box, packaging, standard accessories, if any, and other products gifted with the product must be returned completely and undamaged.
6.4 Within 14 (fourteen) days from the date when the consumer uses the right of withdrawal, all payments made by the Consumer for the relevant goods or services, including the delivery costs of the goods, if any (provided that the goods are returned via the carrier specified by the Seller for return), will be returned at once without incurring any cost or liability to the consumer and in accordance with the payment instrument used while purchasing.
6.5 The return shipping fee shall be borne by the Seller on condition that the consumer sends the goods to be returned to the Seller with the Seller’s contracted cargo company specified in the Preliminary Information Form. In the event that the Consumer sends the goods to be returned with another shipping company other than the contracted cargo company of the Seller specified in the Preliminary Information Form, the Seller shall not responsible for the return shipping cost and the damage to the goods during transportation.
6.6 The decrease in the value of the delivered goods or the existence of a reason that makes it impossible to return does not prevent the exercise of the right of withdrawal. However, if the decrease in the value or the impossibility of return is due to the consumer’s fault, the Consumer must compensate the Seller for the value or decrease in the value of the goods. Changes and deteriorations caused by the normal use of the goods are not considered to be decrease in the value.
ARTICLE 7 PRODUCTS FOR WHICH THE RİGHT OF WİTHDRAWAL CANNOT BE USED
In accordance with the legislation, the consumer does not have the right of withdrawal in the following cases:
·Contracts for the delivery of goods that are prepared in line with the consumer’s wishes or expressly in line with their personal needs, goods which are not suitable for return due to their nature, goods which are in danger of rapid deterioration or are likely to expire.
· Contracts regarding audio or video recordings, software programs and computer consumables, provided that the package is opened by the consumer;
· Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, whose return is not suitable in terms of health and hygiene; · In contracts related to goods that are mixed with other products after delivery and cannot be separated by their nature; ·Service contracts under which the performance of the service has been started with the approval of the consumer before the right of withdrawal expires, and
· Contracts for services performed immediately in electronic environment and intangible goods delivered immediately to consumers(such as coupons).
The right of withdraw cannot be used for goods or services excluded from the scope of the Regulation on Distance Contracts (foodstuffs, beverages or other daily consumption items delivered to the Consumer’s residence with regular deliveries of the Seller, and services in areas such as travel, accommodation, restaurant, entertainment sector).
ARTICLE 8 GENERAL PROVISIONS
8.1 The consumer declares that he/she has read the preliminary information about the main features, sales price and payment method and delivery of the product specified in this Form and gives the necessary confirmation in writing.
8.2 By confirming this Form in writing, the Consumer shall have confirmed that he/she has received correct and full information, before the conclusion of the distance contracts, about the address to be provided for the consumer by the Seller, the main features of the products ordered, and the price of the Products including taxes, and payment and delivery provisions.
8.3 The SELLER can be held responsible under no circumstances if the product ordered cannot be delivered to the Consumer for any problems that the courier company will encounter during the delivery of the product to the Consumer.
8.4 The seller shall be responsible for delivering the products in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
8.5 If it is understood that the products cannot be supplied for a justified reason before the delivery time of the products, the SELLER may deliver a different product of equal or similar quality and price on condition that he/she informs the Consumer and obtains his/her explicit approval.
8.6 If the delivery of the Products becomes impossible, the Seller shall notify the Consumer about this situation before the contractual performance obligation expires, and returns the total price to the Consumer within 14 (fourteen) days.
8.7 If, for any reason, the Product price is not paid or is canceled in the bank records, the Seller shall be deemed to be free from the obligation to deliver the Product.
8.8 In the event that the price of the Products is not paid to the Seller for any reason, the Consumer shall return the Products to the Seller at his/her own expense within 3 days at the latest from the date of the notification by the Seller. All other contractual and legal rights of the Seller, including the follow-up of the product price, are reserved separately and in any case.
8.9 Within the scope of this Preliminary Information Form, the Consumer is informed about the details of her order. The Consumer is required to approve the distance sales contract in accordance with the
Regulation on Distance Contracts regarding the electronic purchase of the goods or services.
ARTICLE 9 RESOLUTION OF DISPUTES
The consumer shall report his/her complaints about the goods and services purchased to the Seller.
The Consumer can make a complaint/ file a suit against the Seller (depending on the values announced by the Ministry of Customs and Trade) to the Provincial or District Consumer Arbitration Committee or to the Consumer Court. The authorized committee or Court shall be the committee or Court of the place where the product is purchased or the place where the Consumer is resident.
ARTICLE 10 OTHER PROVISIONS
After this Preliminary Information Form has been read and accepted by the Consumer in electronic environment, the phase of establishing a Distance Sales Contract will begin.
By signing the Distance Sales Contract, the consumer shall have accepted, declared and undertaken that he/she accepts the terms of this Preliminary Information Form.
I confirm that I have read and understood the preliminary information stated in this Preliminary Information Form.