The subject of this Pre-Information Form is to inform consumers, pursuant to the Law on the Protection of Consumers and the Regulation on Distance Contracts, about the distance sales contract concluded between the person who will purchase products via the ………………….. website (“BUYER”) and the seller located at Bağlarbaşı Mah. Küçükköy Yolu Cad. No:42/A Gaziosmanpaşa, Istanbul (“SELLER”).
SELLER INFORMATION
Title: HES Dış Ticaret Pazarlama A.Ş. Address: Bağlarbaşı Mah. Küçükköy Yolu Cad. No:42/A Gaziosmanpaşa, Istanbul Phone: +90 (212) 438 52 57 Email: [email protected]
BUYER INFORMATION
Person to be Delivered To: Delivery Address: Phone: Fax: Email / Username:
2. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number of units) are available on the SELLER’s website. The basic characteristics of the product may be reviewed during the campaign period and are valid until the campaign date. The prices listed and announced on the website are sales prices. Announced prices and promises remain valid until updated or changed. Prices announced for a specific period are valid until the end of the stated period.
The type and kind of the products, quantity, brand/model, color, and sales price including taxes (quantity x unit price) are stated below.
Payment Method and Plan:
Delivery Address:
Person to be Delivered To:
Invoice Address:
Order Date:
Delivery Date:
Delivery Method:
Product shipments will start within 1 (one) week after the end of the campaign. The shipping cost (cargo fee) will be paid by the BUYER.
3. GENERAL PROVISIONS
I. The BUYER accepts that they have received, read, and understood the preliminary information regarding the basic characteristics of the products, sales price including all taxes, payment method, delivery, right of withdrawal, and terms of use, and that they have provided the necessary confirmations and approvals electronically for the sale.
II. The product subject to the contract shall be delivered by the cargo company contracted by the SELLER to the BUYER or the person/institution at the address indicated, within the period stated in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days (and an additional 10 days with prior notification to the BUYER). The SELLER sends and delivers the sold products to BUYERS via cargo companies.
III. Unless otherwise stated, delivery costs (shipping fee, etc.) are borne by the BUYER. Depending on the campaigns conducted at the time of sale and announced on the WEBSITE, the SELLER may choose not to reflect all or part of such delivery costs to the BUYER.
IV. If the BUYER is not personally present at the address at the time of delivery of products delivered to the address, the SELLER shall be deemed to have fulfilled its obligation fully and properly. If there is no one at the address to receive the delivery, it is the BUYER’s responsibility to contact the cargo company and track the shipment. If the product is delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible if the recipient is not present at the address or refuses delivery. In such cases, all damages arising from late receipt of the product, the product waiting at the cargo company, and/or the return of the cargo to the SELLER shall be borne by the BUYER.
V. The BUYER is responsible for checking the Product at the time of delivery and, if a problem caused by cargo is observed, refusing acceptance of the product and having a report drawn up by the cargo company official. Otherwise, the SELLER shall not accept any responsibility.
VI. Unless otherwise stipulated in writing by the SELLER, the BUYER must have fully paid the price before receiving the product. In cash sales, if the product price is not fully paid to the SELLER before delivery, or in installment sales if the due installment is not paid, the SELLER may unilaterally cancel the contract and refrain from delivering the product.
VII. If, after delivery of the product, the bank/financial institution of the credit card used does not pay the product price to the SELLER for any reason, the product shall be returned by the BUYER to the SELLER within 3 days, with all expenses borne by the BUYER. All contractual and legal rights of the SELLER, including pursuing the product price without accepting the return, are reserved in any case.
VIII. If delivery cannot be made within the legal 30-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside normal sales/delivery conditions, and the delay exceeds 10 days, the SELLER shall inform the BUYER regarding delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances end.
IX. In case of order cancellations where the product price has been collected, it shall be refunded to the BUYER within 14 days from the cancellation. For credit card payments, the refund shall be made to the BUYER’s credit card, and the product amount shall be refunded to the relevant bank within 14 days after the BUYER cancels the order. Since the reflection of this amount to the BUYER’s account after being refunded to the bank is entirely related to the bank’s transaction process, the BUYER accepts in advance that the SELLER cannot intervene in or assume responsibility for any possible delays.
X. If it is understood, for a justified reason other than extraordinary circumstances, that the products subject to the contract cannot be supplied, the SELLER may, by informing the BUYER and obtaining their approval, supply another good/service of equal quality and price and shall be deemed to have fulfilled its contractual obligation in this manner. If the BUYER does not give approval, the provisions regarding order cancellation shall apply.
4. RIGHT OF WITHDRAWAL
I. In distance contracts related to the sale of goods, the BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date the product is delivered to them or to the person/institution at the indicated address, without assuming any legal or penal liability and without providing any justification. In distance contracts related to service provision, this period starts from the date the contract is signed. The BUYER must direct the notification of exercising the right of withdrawal to the SELLER’s address stated above within this period and via the specified means.
II. The BUYER accepts in advance that they have been informed by the SELLER through this Pre-Information Form before accepting the distance contract or any corresponding offer. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.
III. To exercise the right of withdrawal, written notification must be sent to the SELLER’s address stated above by registered mail, fax, or email within the 14 (fourteen)-day period. However, pursuant to applicable legal regulations, the right of withdrawal does not apply, even if unused, to the following goods/services:
a) Goods or services whose price depends on fluctuations in financial markets and is not under the control of the seller or provider,
b) Goods prepared in accordance with the consumer’s requests or personal needs,
c) Goods that can spoil quickly or whose expiration date may pass,
d) Goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and whose return is not suitable for health and hygiene reasons,
e) Goods that, after delivery, are mixed with other products and cannot be separated by nature,
f) Books, digital content, and computer consumables provided in a physical medium, if their protective elements have been opened after delivery.
IV. In the event of exercising the right of withdrawal, the invoice of the product delivered to the BUYER or a third party (if the invoice of the product to be returned is issued to a company, it must be sent together with a return invoice issued by that company; returns of orders invoiced to companies cannot be completed without a return invoice), the return form, the box and packaging of the products to be returned, and any standard accessories must be delivered completely, undamaged, and intact.
V. The SELLER is obliged to refund the total amount and return documents that put the BUYER under debt within 10 days at the latest from the receipt of the withdrawal notice, and to receive the returned goods within 20 days. If the value of the goods decreases or return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages in proportion to the fault. If the use of the right of withdrawal causes the total to fall below the campaign limit set by the SELLER, the discount amount benefited under the campaign shall be cancelled.
5. EVIDENCE AGREEMENT AND COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and the CONSUMER COURTS at the SELLER’s place of residence are competent. If the order is approved electronically, the BUYER shall be deemed to have accepted all provisions of this contract.
In the event of any dispute between the parties and/or complaints by third parties, the SELLER’s records and documents, email correspondence, and system records on the website (including magnetic media records such as computer and audio records) shall constitute conclusive evidence exclusively within the meaning of Article 193 of the Code of Civil Procedure.
6. FINAL PROVISIONS
If it is determined or suspected that the documents and information provided regarding the order are incomplete, false, and/or incorrect, or that the order has been placed in bad faith and/or for commercial and/or profit-making purposes, the SELLER reserves the right, at any time and provided that the BUYER is informed, to suspend and/or cancel the order application in order to conduct necessary examinations. In case of cancellation, the refund process may be carried out provided that the BUYER is informed.
All this information has been provided for commercial purposes in accordance with the means of distance communication used and within the framework of good faith principles, in a manner that protects minors and persons lacking discernment or with limited capacity.
After this Pre-Information Form is read and accepted electronically by the Consumer, the process of concluding the Distance Sales Agreement shall commence. The BUYER accepts, undertakes, and declares that they have read and understood the preliminary information and provided the necessary electronic confirmation pursuant to Article 48 of Law No. 6502.
