Distance Sales Contract

DISTANCE SALES CONTRACT

ARTICLE 1- PARTIES

1. SELLER

Reputation: BEKA DEKORASYON MOBİLYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ

Address: ADNAN KAHVECİ MAH. ULUDAĞ CAD.- D9 BLOK NO: 22 /5 İÇ KAPI NO: 29 BEYLİKDÜZÜ/ İSTANBUL

Telephone: 0090 533 45063 51

Mersis Number: 0160-1612-5760-0001

2.BUYER

Name/surname/Title: (invoice-name)
Address: (invoice-address)
Phone: (phone)
Email: (email)
Date: (date)

ARTICLE 2- SUBJECT

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. 6502 on the Protection of the Consumer in relation to the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the www.bekaliving.com website.

ARTICLE 3- INFORMATION ON THE CONTRACTUAL PRODUCT(S), PAYMENT AND DELIVERY

3.1- Basic features and sales information of the product/products or service subject to the contract; quantity, sales price including VAT, payment method and basic qualifications

Product Name and Key Attributes

Shipping Amount

Discount Amount

Total

Order Number

Payment Method

Delivery Address

Invoice Address

3.2- Payment Method: Advance Transaction with Credit Card (Single Withdrawal)

a. The above section contains information on how many installments the order total to be submitted to your bank will be paid.

b. Your bank may organize campaigns and apply a higher number of installments than the number of installments you have selected, and services such as installment deferral may be offered. Such campaigns are at the initiative of your bank and if they are within the knowledge of our company, information about the campaigns is provided on our pages.

c. As of the account cut-off date of your credit card, the order total will be divided by the number of installments and will be reflected in your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months, taking into account the fraction differences. The creation of your detailed payment plan is at the initiative of your bank.

3.3- On the other hand, since credit sales are made only with credit cards belonging to Banks, the BUYER agrees, declares and undertakes that the relevant interest rates and information on default interest will be confirmed separately from the bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the BUYER.

Return Procedure:

a. Credit Card Refund Procedure

In cases where the BUYER uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where the arbitral tribunal decisions are decided to refund the BUYER, if the shopping is made by credit card and in installments, the credit card refund procedure is specified below.

No matter how many installments the BUYER has purchased the product, the Bank makes the repayment to the BUYER in installments. After the SELLER pays the full amount of the product price to the bank at one time, in the event that the installment expenditures made from the Bank poses are refunded to the BUYER's credit card, the requested refund amounts are transferred to the bearer party accounts by the Bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card every month and the BUYER will receive the installments paid before the return after the installments of the sale are over, the number of installments paid before the return and will be deducted from the existing debts.
In case of the return of goods and services purchased with the card, the SELLER cannot pay the BUYER in cash in accordance with the contract it has made with the Bank. In case of a return transaction, the merchant, i.e. the SELLER, will make the return through the relevant software, and since the merchant, i.e. the SELLER, is obliged to pay the relevant amount to the Bank in cash or in cash, the BUYER cannot be paid in cash in accordance with the procedure we have explained above. The return to the credit card will be made by the Bank in accordance with the above procedure after the SELLER pays the price to the Bank at one time.
The BUYER accepts and undertakes that he / she has read and accepted this procedure.

b. Refund Procedure for Door Payment and Money Order / EFT Payment Options

In door-to-door payment and money order / EFT payment options, the refund will be made in the form of money order and EFT by requesting bank account information from the Consumer, to the account specified by the Consumer (the account must be in the name of the person at the billing address or in the name of the user member).

3.4- Delivery Method and Address :

a. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the INTERNET SITE or to the person / organization at the address indicated by the BUYER, packaged and intact together with the invoice, within 30 days at the latest after the establishment of the contract, this period may be extended in extraordinary cases.

b. Even if the BUYER is not present at the address of the BUYER at the time of delivery, our company will be deemed to have fulfilled its performance fully and completely. For this reason, the SELLER is not responsible for damages and expenses arising from the BUYER receiving the product late and / or not receiving it at all. The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

c. If the PRODUCT will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery. The BUYER is responsible for checking the PRODUCT as soon as he/she receives the PRODUCT and when he/she sees a problem caused by the cargo in the PRODUCT, he/she is responsible for not accepting the PRODUCT and making a report to the KARGO company official. Otherwise, the SELLER will not accept responsibility.

4. RIGHT OF WITHDRAWAL
4.1. The BUYER may exercise the right of withdrawal from the contract by rejecting the goods without any legal and criminal liability and without any justification within 14 (fourteen) days from the date of delivery of the product to him or the person / organization at the address indicated in this Agreement regarding the sale of goods. The costs arising from the exercise of the right of withdrawal belong to the SELLER, except for legal exceptions.
4.2. In order to exercise the right of withdrawal, written notification must be made to the SELLER by registered mail or e-mail to the relevant addresses of the SELLER specified in Article 2 within 14 (fourteen) days.
4.3,
a. The invoice of the product delivered to third parties other than the BUYER or to the BUYER, (if the invoice of the product to be returned is issued on behalf of the legal person / trader, it must be sent together with the return invoice issued by the legal person / trader when returning. Order returns whose invoice is issued on behalf of the legal person / trader will not be completed if the RETURN INVOICE is not issued.)
b. Return form (see Appendix-1); In order for the BUYER to exercise the right of withdrawal, the BUYER must fill in the return form sent to him together with the product and deliver the product to the cargo / transportation company together with the return form. The BUYER reserves the right to make a declaration of withdrawal other than the return form.
c. The products to be returned must be delivered complete and undamaged together with the box, packaging, standard accessories, if any.
4.4. The SELLER is obliged to refund the total price collected to the BUYER, including the costs of delivery of the goods to the BUYER, if any, within 14 (fourteen) days from the receipt of the notice of withdrawal. If the SELLER does not make an offer to take back the goods itself after the SELLER receives the withdrawal notification, the BUYER must send the goods back to the SELLER within 10 (ten) days from the date of the notification that the BUYER has exercised the right of withdrawal via the cargo / transportation company that first delivered the goods to the SELLER.
4.5. If there is a decrease in the value of the product for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault. The right of withdrawal cannot be used in cases where the product is lost.
4.6. If the campaign limit amount organized by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled.
4.7. The BUYER has accepted that he / she cannot use the right of withdrawal in the following cases in accordance with paragraph 1 of Article 15 of the Distance Contracts Regulation:
a) Goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider,
b) Goods prepared in line with the wishes or personal needs of the consumer,
c) Goods that may spoil quickly or expire,
ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; goods whose return is not suitable in terms of health and hygiene,
d) Goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) Books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods,
f) Periodicals such as newspapers and magazines, except those provided under a subscription agreement,
g) Services related to accommodation, transportation of goods, car rental, provision of food and beverages, and leisure services for entertainment or recreation, which must be performed on a specific date or period,
ğ) Services performed instantly in electronic environment or intangible goods delivered to the consumer instantly,
h) Services whose performance is started with the consent of the consumer before the expiration of the right of withdrawal period.

5. DELIVERY
5.1. For deliveries within the city, the delivery costs belong to the SELLER, and for deliveries outside the city, the delivery fee belongs to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the result of the campaigns carried out at the time of sale and announced on the website.
5.2. The order will be delivered by hand at the above-mentioned address of the BUYER through the cargo / transportation company contracted with the SELLER chosen by the consumer. The SELLER is responsible for the delivery of the product subject to the order within 30 (thirty) days from the date of receipt of the order, intact, complete, in accordance with the qualifications specified in the order. For the avoidance of doubt, the date of receipt of the order to the SELLER shall be taken as the date of payment for sales made by Money Order / EFT.
5.3. If the SELLER cannot supply the ordered products, it may supply another good, provided that it informs the BUYER within three (3) days from the date it learns of this situation and obtains its verbal / written approval. In cases where the BUYER does not give approval, the order is canceled and the payment is refunded.
5.4. In case of extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, flood, curfew restriction), the SELLER informs the BUYER by contacting the BUYER about the inability to deliver the product within the legal period of 30 (thirty) days. In this case, the BUYER may cancel the order, order a similar product or wait until the extraordinary situation ends.
5.5. If the BUYER is not present at the address of the BUYER at the time of delivery of the products or if the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. The BUYER is responsible for contacting the cargo / transportation company and following and organizing the shipment of the order in case there is no one to receive delivery at the address.
5.6. The BUYER may allow the relevant products to be photographed at home or places and shared on the internet and social media channels to be determined by the SELLER, provided that the express consent of the person concerned regarding the products received by the BUYER is obtained.

6. GENERAL PROVISIONS
6.1. The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated by the SELLER by the cargo company contracted by the SELLER, provided that it does not exceed the legal 30 (thirty) day period.
6.2. The BUYER is responsible for checking the products as soon as he / she receives them and when he / she sees a problem arising from production or cargo in the product, he / she is responsible for not accepting the product and making a report to the cargo company official. Otherwise, the SELLER will not accept responsibility.
6.3. In cases where the BUYER does not keep a record of any defect in the product received, he accepts that he has received the goods free of any defects. Except for the hidden defect in the product, it cannot object to the defect later.
6.4. The BUYER must have paid the price in full before receiving the product, unless otherwise stipulated in writing by the SELLER. If the product price is not fully paid to the SELLER before delivery in cash sales, and if the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and may not deliver the product.
6.5. If, for any reason after the delivery of the product, the Bank / financing institution to which the credit card to which the transaction belongs does not pay the product price to the SELLER, the product shall be returned to the SELLER by the BUYER within 3 (three) days at the latest, with all expenses belonging to the BUYER. All other contractual-legal rights of the SELLER, including the follow-up of the product price receivable without accepting the return, are also and in any case reserved.
6.6. If it is understood that the products subject to the contract cannot be supplied for a justifiable reason other than extraordinary circumstances, the SELLER may supply another good of equal quality and price by informing the BUYER and obtaining its approval and is deemed to have fulfilled its commitment under the Contract in this way. In cases where the BUYER does not give approval, the provisions regarding the cancellation of the order shall apply.
6.7. The BUYER accepts and declares that he / she has read, understood and approved all kinds of information contained in this Agreement, including but not limited to the basic qualifications, sales price, payment method, right of withdrawal, information on return and delivery of the product / products offered by the SELLER.

7. COMPLAINTS / REQUESTS and AUTHORIZED COURT
The BUYER may first contact the SELLER directly through the address and communication channels in Article 2 regarding complaints and requests.
In addition, the BUYER may make such requests and complaints to the Consumer Arbitration Committees or Consumer Courts in the place where the consumer purchases the goods or services or where the residence is located within the monetary limits determined by the Ministry of Commerce in December each year.
Istanbul (Çağlayan) Courts and Enforcement Offices are exclusively authorized in case of any disputes or disputes that may arise between the Parties within the provisions of this Agreement.

8. SEVERABILITY
If any provision of the Agreement is found to be unenforceable, The Parties shall replace these provisions with a similar but enforceable provision to ensure the continued existence of the Agreement in its entirety.

9. EFFECTIVENESS
This The contract has been read by the "BUYER" both on the website before the order is placed and after the order is placed and all information and conditions have been accepted.

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For any questions;
You can reach [email protected] or 0533 450 63 51.

BEKA DEKORASYON MOBİLYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ