PRELIMINARY INFORMATION
ARTICLE 1 SELLER INFORMATION
ARTICLE 1.1 – SELLER
Title : NEROTEKS BOYA VE BASKI TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address : KALE MAH. KILIÇLAR CD. NO:12 A/ B KESTEL-BURSA
Phone : *****
Fax : ******
ARTICLE 1.2 - BUYER
The person who becomes a member of the vismara.com.tr shopping site as a customer. The address and contact information used while becoming a member are taken as basis.
ARTICLE 2 FEATURES OF THE PRODUCT FOR SALE
The basic features of the goods or services are available at www.vismara.com.tr. You can examine the basic features of the product during the campaign period.
The listed and announced prices on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
The type, quantity, brand/model, color, number, sales price, payment method of the goods/product/service consist of the information at the time the order is finalized.
The shipping fee, which is the product shipping cost, will be paid by the BUYER and is not refundable.
ARTICLE 3 GENERAL PROVISIONS
3.1) The BUYER declares that he/she has read and is informed about the basic features, sales price, payment method and preliminary information regarding delivery of the contractual product on the vismara.com.tr website and has given the necessary confirmation electronically. THE BUYER; By confirming this Preliminary Information electronically, the SELLER confirms that it has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that should be given to the BUYER by the SELLER before the conclusion of distance contracts, correctly and completely.
3.2) The product subject to the contract will be delivered to the BUYER or the person/organization at the address indicated by the SELLER within the period specified in the preliminary information on the website depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.
3.3) SELLER cannot be held responsible for failure to deliver the ordered product to BUYER due to any problems encountered by the cargo company during the delivery of the product to BUYER.
3.4) SELLER is responsible for delivering the contractual product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
3.5) SELLER may supply a different product of equal quality and price by informing BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
3.6) If SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and refund the total price to BUYER within 10 days.
3.7) This Preliminary Information Form must be confirmed electronically for the delivery of the product. If the product price 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 product.
3.8) If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for a reason not caused by the BUYER's fault after the delivery of the product, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER.
3.9) If the SELLER cannot deliver the product subject to the contract within the due date due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product subject to the contract with a similar one, if any, and/or postponement of the delivery period until the preventing situation is eliminated. In the event that the BUYER cancels the order, the amount paid by the BUYER shall be paid to him in cash and in a lump sum within 10 days. In payments made by the BUYER via credit card, the product amount will be refunded to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER's accounts after it is refunded to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 4 RIGHT OF WITHDRAWAL
The BUYER; In distance contracts regarding the sale of goods, may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product (Except for Concert and Event Tickets) to him/her or to the person/institution at the address he/she indicates, without assuming any legal or criminal liability and without giving any justification. In distance contracts regarding the provision of services, This period starts on the date the contract is signed. The right of withdrawal cannot be used in service contracts where the service is started with the consumer's approval before the expiration of the right of withdrawal period. Expenses arising from the use of the right of withdrawal belong to the SELLER.
In order to use the right of withdrawal, written notification must be given to the SELLER by registered mail, fax or e-mail within 14 days and the product must not have been used within the framework of the provisions of Article 5. In case of using this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their boxes, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the buyer indebted to the BUYER within 10 days at the latest from the receipt of the notice of withdrawal and to take back the goods within 20 days.
e) If the value of the goods decreases due to a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for its damages to the extent of its fault.
f) The return of the goods issued by the SELLER due to the use of the right of withdrawal If the campaign limit amount is lower than the discount amount used within the scope of the campaign, it will be cancelled.
g) The cargo fee paid when returning the product returned due to the right of withdrawal to the seller will be covered by the SELLER for domestic orders and by the BUYER for international orders.
h) The SELLER will not refund the cargo fee collected from the BUYER when selling the product.
ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The return of goods prepared in accordance with the BUYER's requests or clearly in line with his/her personal needs, which are not suitable for return due to their nature and which are at risk of rapid deterioration or have a possible expiration date, and sound or image recordings, software programs and computer consumables, provided that their packaging has been opened by the BUYER, is not possible as per the Regulation.
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.
SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court where he/she purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December of each year. The information regarding the monetary limit is as follows:
To be valid as of 1/1/2012:
a) The upper monetary limit regarding the binding nature of the decisions of the arbitration committees for consumer problems in the 5th and 6th paragraphs of the amended 22nd article of the Law No. 4077 on the Protection of Consumers or the lower monetary limit regarding the evidence in consumer courts is 1,161.67 TL,
b) The lower monetary limit regarding the duty and authority of the provincial arbitration committees operating in the provinces with metropolitan status to hear the disputes in the third paragraph of the 5th article of the Regulation on Arbitration Committees for Consumer Problems published in the Official Gazette dated 1/8/2003 and numbered 25186 is 3,032.65 TL.
This Preliminary Information is provided for commercial purposes.
DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1 – SELLER
Title : NEROTEKS DYE AND PRINTING TEXTILE INDUSTRY AND TRADE LIMITED COMPANY
Address : KALE MAH. KILIÇLAR CD. NO:12 A/ B KESTEL-BURSA
Phone : ****
Fax : ****
E-mail address : online@vismara.com.tr
1.2 – BUYER
The person who is a member of the vismara.com.tr shopping site as a customer.
The address and contact information used while becoming a member are taken as basis.
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 Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product with the characteristics and sales price specified below, which the BUYER ordered electronically from the SELLER's vismara.com.tr website.
ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER shall be able to obtain information on the basic characteristics of the product subject to the contract, the sales price including all taxes and the payment method, and the delivery and expenses are covered by the BUYER.The BUYER declares that he/she has read and is aware of the preliminary information regarding the delivery date, delivery period and SELLER's full commercial title, full address and contact information and has given the necessary confirmation electronically.
By confirming this contract electronically, the BUYER confirms that he/she has obtained the address that should be given to the Consumer by the Seller before the conclusion of distance contracts, basic features of the ordered products, prices of the products including taxes, payment and delivery information correctly and completely.
4.2 The product subject to the contract will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period. All kinds of cargo fees related to the delivery indicated in Article 3 shall be covered by the BUYER and shall be reflected on the invoice related to the order under the name of “Shipping Fee”.
4.3 If the product subject to the contract is 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 does not accept the delivery.
4.4 The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems the cargo company may encounter during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for the delivery of the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any.
4.6 The SELLER may supply the BUYER with a different product of equal quality and price before the expiration of the performance obligation arising from the contract, provided that it has a justified reason.
4.7 In the event that the fulfillment of the product or service subject to the order becomes impossible, the SELLER may supply the BUYER with a different product of equal quality and price before the expiration of the performance obligation arising from the contract. If it cannot fulfill its obligations, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and may supply the BUYER with a different product of equal quality and price.
4.8 In order for the delivery of the product subject to the contract, it is required that the signed copy of this contract be delivered to the SELLER and the price be paid with the payment method preferred by the BUYER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER shall be deemed to have been released from its obligation to deliver the product.
4.9 The BUYER accepts and undertakes that the credit card information entered into the system during shopping is correct and that it is responsible for any legal and criminal liability arising from the use of this credit card. After the delivery of the product, if the relevant bank or financial institution does not pay the product price 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, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, if the product price is not collected from the credit card for any reason or if the product price is returned to the credit card, the product price will be transferred to the SELLER's bank accounts without any need for notice.
4.10 If the SELLER cannot deliver the product subject to the contract within the due date due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, it is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product subject to the contract with a similar one, if any, and/or postponement of the delivery period until the elimination of the preventing situation. If the BUYER cancels the order, the amount paid will be paid to the BUYER in cash and in a single transaction within 10 days.
4.11 The points given to the customer by the SELLER through a campaign are valid for only one shopping. These points will not be refunded even if the product is returned.
In payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER's account after it is returned to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to him/her or to the person/institution at the address he/she has indicated, without having to give any reason.
However, products specially prepared for the BUYER for certain days such as New Year's, holidays, Mother's Day, campaign and promotional products cannot be returned; I accepts these terms and makes the purchase.
In order to use the right of withdrawal, it is required to notify the SELLER by fax or e-mail within 14 days and the product must not be used within the framework of the provisions of Article 6. In case of use of this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued)
b) Return form,
c) The products to be returned within 14 days must be delivered complete and undamaged together with their box, packaging and standard accessories, if any. The product price will be refunded to the BUYER within 10 days following the receipt of these documents by the SELLER.
The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
When the product is returned to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (in order to ensure consistency in our accounting records). If the invoice is not sent to the SELLER together with the product or at the latest within 5 days from the date of shipment of the product, the return process will not be made and the product will be sent back to the BUYER in the same manner with cash on delivery. The phrase "return invoice" will be written on the invoice to be returned with the product and signed by the BUYER.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature; single-use products, copyable software and programs, products that deteriorate quickly or are likely to expire are not accepted for return.
ARTICLE 7 – DEBTOR’S DEFAULT
In case of BUYER’s default, BUYER agrees to pay SELLER’s damages and losses incurred due to delayed performance of the debt. In cases where BUYER’s default is due to SELLER’s fault, BUYER shall not be obliged to meet any damage and loss claims.
ARTICLE 8 – AUTHORIZED COURT
In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts at the place where BUYER purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.
SELLER may submit its complaints and objections to the T.R. Consumers can bring their problems to the arbitration committee or consumer court in the place where they purchased the goods or services or where they reside, within the monetary limits determined by the Ministry of Industry and Trade every December. Information regarding the monetary limit is provided below:
As of 28/05/2014;
a) According to Article 68 of the Law No. 6502 on Consumer Protection, it is mandatory to apply to district consumer arbitration committees for disputes with a value below two thousand Turkish Lira, to provincial consumer arbitration committees for disputes with a value below three thousand Turkish Lira, and to provincial consumer arbitration committees for disputes between two thousand Turkish Lira and three thousand Turkish Lira in provinces with metropolitan status. Applications cannot be made to consumer arbitration committees for disputes above these values.
b) In disputes above the specified value, application must be made to the Consumer Court, or in places where there is no Consumer Court, application must be made to the Civil Courts of First Instance as Consumer Courts.
This preliminary information is provided for commercial purposes.
Please Note: Please check whether your cargo package has been damaged due to transportation before signing the cargo report. If your cargo package is damaged for any reason, return your cargo to the cargo officer for a report to be kept without signing any documents related to the delivery. Your new products will be sent to you immediately. In case of receiving products with damaged cargo packages, vismara.com.tr is not responsible for the damage or missing products inside.
15. All of these terms and conditions are subject to Turkish Law.
16. The vismara.com.tr website has been prepared in languages other than Turkish. In case of any differences and/or contradictions between the texts in Turkish and other languages, the Turkish text will prevail.
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