WARNING:
In accordance with the relevant law, please read our contract text below, printing out with font size 12 and with bold characters. In addition, each BUYER who is a member of OTOBENDE MOBILE APPLICATION and receives service is deemed to have read and accepted all the articles of our sales contract issued by us, without any further notice.
This Distance Sales Contract (“Contract”) has been issued in accordance with the Law on Protection of Consumer, No. 6502 (“Law”) and the Regulation on Distance Contracts. The parties to this Contract agree and declare that they know and understand their obligations and responsibilities arising from the Law on Protection of Consumer, No. 6502 and the Regulation on Distance Contracts under this Contract. 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 Distance Contracts regarding the sales and delivery of the Goods/Services with the qualifications specified in the Contract, for which the Buyer places order for the purchase of the Goods/Services of the Seller through the OTOBENDE MOBILE APPLICATION.
ARTICLE 1 – SUBJECT MATTER OF THE CONTRACT
The subject of this contract includes the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers – Regulation on the Principles and Procedures for the Implementation of Distance Contracts in relation to the sales and delivery of the product/service sold by the SELLER to the BUYER with the following qualifications and sales price.
ARTICLE 2 – PARTIES
1) SELLER INFORMATION
Title : TİM OTOMOTİV DANIŞMANLIK ANONİM ŞİRKETİ
BEŞİKTAŞ TAX OFFICE TAX NO: 8441017014
Address : KURUÇEŞME Mahallesi ARNAVUTKÖY KURUÇEŞME CADDE 83 A BEŞİKTAŞ / ISTANBUL
Phone :
Fax :
E-mail : [email protected]
2) BUYER INFORMATION
Title :
Address :
Phone :
Fax :
E-mail :
T.R. ID No:
The address and contact information used by USER in subscription to the MOBILE APPLICATION are taken as basis. The SELLER does not accept the responsibility regarding the incorrect information entered by member.
ARTICLE 3 – INFORMATION REGARDING THE PRODUCTS SUBJECT TO THE CONTRACT
This information includes the type, quantity, brand / model, color, quantity, sales price of, and the payment method for the Goods/Products/Services at the time of the finalization of the order and is also shown in detail in the PRELIMINARY INFORMATION form. Goods and services to be provided shall be of the highest quality.
ARTICLE 4 – GENERAL PROVISIONS
4.1 – The BUYER declares that she/he has read, and has been informed about, all the preliminary information on the basic qualities, sales price, payment terms, and distribution of the service(s)/product(s) subject to the contract stated in article 3, and confirmed these details accordingly in electronic environment.
4.2 – The services/products subject to the contract are delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified within the preliminary information, depending on the distance of the BUYER’S address for all services/products. This period can be extended for a maximum of 10 days, provided that the BUYER is notified beforehand. In the event that domestic or international supply of parts is required in the provision of the services subject to the contract, the time required for such supply shall not be used in the calculation of the time specified in the preliminary information section of this distance sales contract.
4.3 – If the product/service subject to the contract is to be delivered to another person / organization, but not the BUYER, the SELLER cannot be held responsible if the person / organization to be delivered does not accept the delivery.
4.4 – The SELLER is responsible for the delivery of the product/service subject to the contract in accordance with the qualifications specified in the order.
4.5 – For the delivery of the product/service subject to the contract, the electronic approval of this contract must have been received by the SELLER and the price must have been paid with the payment method preferred by the BUYER. If the price of the product/service is not charged or canceled in bank accounts due to any reason, the SELLER shall be considered to be exempted from the responsibility to deliver the product. It shall not be possible for BUYER to return the goods and services specified in this contract, which cannot be returned within legal terms.
4.6 – After the delivery of the product/service, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to unrighteous or illegal use of the credit card of BUYER by unauthorized persons, without BUYER’S fault, the BUYER is responsible for the payment of the price of the service received from the SELLER. However, the BUYER is responsible for returning the product to the SELLER within 3 working days if she/he has purchased a product, not a service, from the Seller.
4.7 – The SELLER is obliged to inform the BUYER if the SELLER is unable to deliver the product due to force majeure or exceptional cases such as weather conditions or transportation outage within the due period. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and / or postpone the delivery time until the obstacle is removed. In the event that the BUYER cancels the order, the amount paid shall be fully returned in cash within 10 days. This provision of this article is valid in case the product is purchased.
4.8 – Many products offered for sale by the SELLER are under the warranty of the manufacturer or importer. Replacement procedures are carried out by the company providing the warranty and all follow-up procedures are carried out by the SELLER, and the product is returned to the customer quickly. Among the products sold with the warranty certificate, the defective or faulty products can be sent to the SELLER for the necessary repair works within the scope of warranty terms; in this case, the shipping costs shall be covered by the SELLER. The products that can be replaced and returned within the scope of the warranty within the scope of this contract shall only be the products that have a warranty certificate provided by the manufacturer, and TİM OTO does not provide an additional warranty commitment for the products that are not covered by the warranty and for which no warranty certificate is given by the manufacturer.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1 – The BUYER has the right of withdrawal within fourteen (14) days from the delivery of the product subject to the contract to the BUYER or to the person / organization at the address specified, without any criminal liability and justification. In order to use the right of withdrawal within this period, he or she should notify the SELLER via fax, e-mail or telephone and the product must not be used in accordance with the provisions of the relevant article. In the case that this right is exerted, the original invoice and a sample of cargo delivery documentation showing that the product shipped to the third party or to the BUYER, should be sent to the SELLER. The product price shall be returned to the BUYER within ten (10) days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The cargo cost of the product returned due to the right of withdrawal shall be borne by the BUYER.
5.2 – Since the products/services purchased within the scope of this contract are products/services related to the BUYER’S car, the services and/or products offered (assembly, workmanship, etc.) are within the scope of the exceptions of the right of withdrawal listed in Article 15 of the REGULATION ON DISTANCE CONTRACTS. In this context, most of the services/products provided under this contract are products and services, for which the BUYER cannot exercise his/her right of withdrawal. In this context, it is important that the BUYER carefully reads the LAW ON PROTECTION OF CONSUMER and the REGULATION ON DISTANCE CONTRACTS. (https://www.resmigazete.gov.tr/eskiler/2014/11/20141127-6.htm) (https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6502.pdf)
5.3 – The use of the right of withdrawal is subject to the condition that the packaging of the product is not opened, not deformed and the product is not used.
5.4 – In addition, the consumer cannot use the right of withdrawal in goods produced in accordance with the special requests and demands of the consumer or customized by modifications or additions.
ARTICLE 6- OTOBENDE MOBILE APPLICATION GENERAL PROVISIONS
6.1 – The persons who are under the age of eighteen cannot purchase services and/or products through the OTOBENDE MOBILE APPLICATION.
6.2 – The price of the goods sold under the condition that our customers fulfill the return conditions is fully refunded.
6.3 – There are many products/services on our site. The SELLER does not keep stocks for all products/services and in case of order, these products are supplied via provision from the contracted points/suppliers. The stock status of products and services is constantly monitored and updated on our site. However, when you place an order, there may be rare cases where it is not possible to provide a service and/or supply the product since the product is out of stock or due to different reasons. The SELLER will make maximum effort to provide the products and services you request, however, if those cannot be provided, SELLER shall notify you by e-mail or phone and act in line with your specific request, e.g. “sending only the products and services that are ready for delivery” or “canceling the order completely”. If it is requested to send only the products and services that are ready for delivery, the cost of the services or products that cannot be provided shall be refunded. If it is requested to completely cancel the order, the full payment shall be refunded. Refunding is performed in the form of a refund for credit card purchases, or as return of the transferred amount. In both cases, the bank cost that may occur shall be borne by the SELLER. This mutual understanding is a result of the SELLER’S customer satisfaction and quality policy.
6.4 – The product/service information on the site has been prepared by conducting extensive researches, consulting the experts and making researches on necessary resources. The product and service information herein is only for informational purposes. The SELLER is not responsible for any problems and adverse outcomes that may arise due to the information contained herein.
6.5 – Our products and services can only be sold through the OTOBENDE MOBILE APPLICATION. The SELLER can stop the shopping traffic temporarily or entirely without notifying the members.
ARTICLE 7 – AUTHORIZED COURT AND APPLICABLE LAW
7.1 – In case the parties fail to fulfill their obligations under this contract from their resources, the provisions of default of debtor shall apply. In the event of default, if the other party fails to fulfill its actions without justified reason within the term, the other party shall give a 7-day (seven) period to fulfill the action to the party that has not fulfilled its performance. If it is fulfilled within this period, the party not fulfilling shall be deemed to be in default and debtee shall have the right to demand the delivery of the goods and/or the termination of the contract and the refund of the price will arise by demanding the performance.
Pursuant to the last paragraph of Article 9 of the Regulation on Distance Contracts, the SELLER undertakes to inform the consumer before the expiration of the contractual performance obligation, claiming that it is impossible to provide the goods or services subject to the order (in case the product cannot be supplied from the contracted points/suppliers in any way). In this case, the SELLER has the right to terminate the contract immediately and undertakes to refund the price of the product and service ordered by the customer, and all documents that makes the customer debtor, if any.
7.2 – Consumer Arbitration Committees and Consumer Courts in the BUYER’S residence area are authorized in the implementation of this contract, up to the value declared by the Ministry of Industry and Trade.
Applications are made to the arbitration committee where the consumer purchases the goods or services or where the consumer resides.
Without prejudice to the rights of the Parties in the Enforcement and Bankruptcy Law regarding the value of the goods or services you have purchased and subject to complaint, it is obligatory to apply to the district consumer arbitration committees in disputes with a value of less than 4,000 Turkish Liras, to the provincial consumer arbitration committees in disputes with a value of less than 6,000 Turkish Liras, and to the provincial consumer arbitration committees in disputes between 4,000 Turkish Liras and 6,000 Turkish Liras in provinces with metropolitan status. For the disputes where the values are higher than stated above, it is not possible to apply the consumer arbitration committees. In this case, the decision of the arbitration committee is binding.
In the event that the seller or provider does not comply with the decision of the arbitration committee in your favor, you can apply to the Enforcement Office.
If the decision of the arbitration committee is not in your favor, you can appeal to the Consumer Court within 15 (fifteen) days. The decision of the Consumer Court discussing the objection is the final decision.
However, in this case, the decision of the Arbitration Committee has an evidential value, and is not binding. In the event that the opposing party does not comply with the decision of the committee in your favor, you will have to apply to the Consumer Court.
If the value of the goods or services subject to complaint is more than 6,000 Turkish Liras, you should apply directly to the Consumer Courts.
7.3 – Upon execution of the order, the BUYER shall be deemed to have accepted all the terms of this contract.
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Buyer’s Name and Surname
