SECTION 1- PARTIES
Title : KUSCUL SANAT ATOLYESİ LIMITED SIRKETI.
Address : Address: Bahcelievler mah. ay sok. hayal 1 konutlari D Blok Daire :6 Cengelkoy - Uskudar / Istanbul
Phone : 0533 646 89 33
Email : [email protected]
All members: all buyers who are members of Kuscul Sanat Atolyesi tic.ltd company and shop from its e-commerce shop emicraft (will henceforth be called as buyer or customer).
SECTION 2- SUBJECT MATTER:
The Distant Sale Agreement hereby has been put up in accordance with the Law on Protection of Consumers and Distant Agreements Legislation. The subject matter of the agreement hereby is to assess the rights and obligations of the parties in compliance with Law on Protection of Consumers number 6502 and Distant Agreements Legislation regarding the sale and delivery of the products the qualities and price of which is indicated below, and which is purchased electronically by the BUYER from www.emicraft.com website.
SECTION 3- INFORMATION ON THE PRODUCT WHICH IS THE SUBJECT MATTER, ITS PAYMENT AND DELIVERY:
The basic qualities of the product or products, payment and delivery details are explained in the section hereby. Basic qualities of the goods and services can be found in www.emicraft.com address, you can view the basic qualities of the product there.
BUYER undergoes the obligation to make payment in case he/she confirms the purchase.
3.1. The type, Brand/Model, Colour, Quantity, Sales Price and Payment Typeof the Good/Product or Service are indicated in the website, and such pledges are subject to change without notifying the buyer.
Packaging, courier and delivery costs are covered by the BUYER. Courier price is added to the total purchase cost. It is not included in the price of the product. The product will be delivered to the address of the BUYER which is indicated above through our contractual couriers. Even when the BUYER is absent at his/her address at the time of delivery SELLER will be deemed to have completed his/her obligations completely. Therefore SELLER is not responsible for the losses or costs if BUYER recieves the product late or not at all. SELLER is responsible for the delivery of the product which is the subject matter of the agreement intact, complete, bearing all qualities mentioned for the purchase and with the warranties and user manuals if any.
3.2. On the other hand, since installment selling is only done with credit cards of banks, BUYER accepts, declares and pledges that he/she will seperately confirm the information on the associated interest rates and default interest by his/her bank, and that the the terms of the interest and default interest will be implemented in accordance with the credit card contract between the Bank and BUYER. In force legislation terms dictate that SELLER has no obligations regarding the credit card contracts and other agreements between the associated bank and BUYER; and that BUYER cannot be held responsible for possible conflicts which may stem from the use of credit cards during the sale of the product.
SECTION 4- GENERAL TERMS
4.1. BUYER declares having read the preliminary information regarding the product in the website which is the subject matter of he agreement and has been informed, and that he/she gives confirmation electronically.
4.2. The product will be delivered in a maximum of 30 (thirty) days from the date of the agreement. SELLER bears all responsibilities until the moment of delivery. However, in case the consumer has demanded that the product be delivered through a different courier, then SELLER will not be responsible for possible losses or damages which may occur from the moment the good was handed to the mentioned courier.
4.3. If the product which is the subject matter of the agreement is to be delivered to a person/legal entity other than the BUYER, SELLER cannot be held responsible for the refusal of pick up by that person/legal entity.
4.4. SELLER is responsible for the delivery of the product which is the subject matter of the agreement intact, complete, bearing all qualities mentioned for the purchase and with the warranties and user manuals if any.
4.5. In order for the product which is the subject matter of the agreement to be delivered, the price of the agreement hereby must be paid with the method of BUYER's choice. If the product price is not paid for any reaason or the bank transaction is canceled, SELLER will be deemed free from the obligation of delivery of the product
4.6. In case the bank or financial institution declines to pay the price of the product to SELLER because of an unjust or unlawful use of BUYER'S credit card by unauthourised persons after the delivery of the product, the product must be returned to SELLER provided that product has been delivered to BUYER.
4.7. Products sold with warranty or malfunctioning, broken etc products without warranty, or products which break down or malfunction within the scope and terms of warranty can be sent to SELLER for neccessary repairs by authourised service shop, in such cases courier costs will be covered by SELLER.
4.8 In order to to conduct returning operations it is neccessary to return to us the invoice we sent you with its return section filled completely and signed along with the product.
SECTION 5- RIGHT TO WITHDRAWAL AND RETURNING PRODECURES
BUYER has the right to withdraw from the agreement without any reason or without undergoing any legal or penal responsibility and to decline the product or products which are the subject matter of the agreement hereby. The period of right to withdrawal starts on the day of agreement for service agreements, and the day of delivery for agreements concerning delivery of goods. However, consumer may exercise his/her right to withdrawal during the period from the time of the agreement to the time of delivery of the good. In determining the period of right to withdrawal:
a.With a single purchase where the goods are delivered seperately, the date of the delivery of the final good by the consumer or the third person designated by the consumer,
b.With goods consisting of multiple parts, the date of the delivery of the final part by the consumer or the third person designated by the consumer,
c.With agreements where delivery of the good is continious for a certain amount of time, the date of the delivery of the first good by the consumer or the third person designated by the consumer will be taken into account.
You may realise your declaration of right to withdrawal over the returning option of your personal membership page which is found at www.emicraft.com before the period of right to withdrawal is over. The default courier for right to withdrawal is Aras Kargo,, and the details regarding returning are explained in the returning option of your personal membership page which is found at www.emicraft.com
It is neccessary to return to us the Produts' box, packaging, standard accessories if any, and send back to us the invoice we sent you with its return section filled completely and signed along with the product.
SELLER is obligated to return to BUYER the total amount and the documentation which put the BUYER under legal debts to the BUYER within 14 (fourteen) days from the date right to withdrawal notification is recieved.
SELLER makes all the payments mentioned in the first section in a manner appropriate for the payment means which the BUYER has used in one payment and without causing any cost or obligation to the consumer (In case the BUYER has used an installment payment option during the purchase, returning operation will again be made in one payment to the bank and it will not be a violation of this section if the bank makes the payment to the consumer in installments).
5.1 Returning Prodecure
Returning Prodecure to Credit Cards
In cases where BUYER exercises his/her right to withdrawal or where the purchased product is not supplied for various reasons or when a decision is made by arbitration board or a court of law to refund the price amount to the BUYER, and if the transaction is made by credit card with installments, refunding prodecure to a credit card is as follows:
The bank refunds the BUYER with a number of installments that is the same as the number of installments BUYER used when purchasing the product. After SELLER pays back the entire price of the product at one time, demanded refund amounts are transferred to bearers' accounts by the Bank in installments in order to prevent concerning parties from coming to a harm while refunding to BUYER's credit card. Unless the the return date and cutoff date of the card collide, the amount which the BUYER has paid until the date of returning will be refunded with one installment amount per month, and the BUYER will recieve the same number of installments he/she has paid before returning after the installments of the sale have been completed and these amounts will have been deducted from his/her current debts.
In cases where the good or service has been purchased with a credit card SELLER cannot pay cash to BUYER due to his/her agreement with the Bank. The member business, meaning the SELLER will refund through a software when a return is the case, since the SELLER is obligated to refund the Bank in cash or on account he/she cannot pay the BUYER in cash because of the prodecure explained above. Refunding will be made by the Bank in accordance to the prodecure above after SELLER pays back the amount to the Bank in one payment.
SELLER pledges to have read and accepted this prodecure.
Refunding Prodecure in Money Order/EFT Options
In Money Order/EFT options refunding will be made to the account specified by the Consumer (It must be under the name of the person in the invoice address or user member's name) in the form of a money order or EFT, and in one payment.
SECTION 6- PRODUCTS WHICH ARE NOT ELIGIBLE FOR RIGHT OF WITHDRAWAL
The consumer cannot exercise his/her right to withdrawal under the these circumstances:
a) Agreements on goods and services the prices of which change constantly due to fluctuations in the financial markets and thus cannot be controlled by the SELLER or the supplier,
b) Agreements concerning goods which are prepared according to the demands or personal needs of the consumer,
c) Agreements concerning goods which can spoil or expire quickly,
d) Agreements concerning goods where their protective menas such as packaging, tape, stamp, box etc have been opened or goods which cannot be returned because of health and hygiene reasons,
e) Agreements concerning goods which are mixed with other goods after delivery and which cannot be unmingled by nature,
f) Agreements concerning physically presented books, digital content and computer consumption materials, provided that their protective menas such as packaging, tape, stamp, box etc have been opened,
g) Agreements concerning delivery of time limited publications such as newspapers and magazines, except for those supplied in accordance with subscription agreements,
h) Agreements concerning activities which have to be done within a timeframe or period such as accomodation, moving, car rentals, food and drinks supply and spare time activities for recreation or vacation
i) Agreements concerning intangible goods which are delivered to the consumer instantly or services which are conducted in real time electronically
j) Agreements concerning services which begin with the confirmation of the consumer before the end of right to withdrawal period.
SECTION 7 – DEFAULT OF DEBTOR
In case one or more parties fail to fulfill the obligations deriving from the agreement hereby, default of debtor verdicts from Turkish Code of Obligations.
SECTION 8: COMPLAINTS AND OBJECTIONS OF CONSUMERS, DISCREPANCIES AND AUTHOURISED COURT
8.1. In case you have a complaint about your purchase, the product which is the subject of your purchase and/or any matter concerning your purchase, you can relay them to the the contact information indicated above, or to BUYER through the contact information on www.emicarft.com website. Your complaint application will immedeately be recorded, authourised units will asses and try to solve it and we will get back to you as soon as possible.
8.2. Additionaly, Consumer Arbitrary Comitee and Consumer Courts at the location of the BUYER are authourised in the implementation of the agreement hereby.
In the case that a purchase is made, BUYER will be deemed to have accepted all terms of this agreement and his/her obligation to make the payment.
KUSCUL SANAT ATOLYESI LTD.STI.