ARTICLE-1 PARTIES
SELLER:
Title: TİM OTOMOTİV DANIŞMANLIK ANONİM ŞİRKETİ (hereinafter referred to as “TİM OTO”)
Address: KURUÇEŞME MH. ARNAVUTKÖY KURUÇEŞME CD. NO:83 A BEŞİKTAŞ / ISTANBUL
Telephone:
Fax:
Customer Services Telephone:
MERSIS (Central Registration System) Number:
BUYER:
Name/Surname/Title:
Address:
Telephone:
Email:
TR ID NO/TAX NO:
Date :
PRELIMINARY INFORMATION FORM
1) Name, quantity of contracted goods or services, sales price including VAT, payment method and basic qualities
Payment Method : Credit Card Transaction
On the order summary page, there is information on number of installments for relevant payment.
The bank may increase the number of installments by using some campaigns, and may offer services like postponing the payment. The banks have the ultimate initiatives to perform these campaigns and our company informs you about the campaigns if we are informed about them.
Starting from the statement date, the order value will be divided to the number of installments and the corresponding value will be reflected to your credit card statement. The bank may not divide the installment values equally to the months, taking into account fractions. The bank is responsible for creating the detailed payment plan.
Product Name and Basic Qualities
Pieces
Sale Price
(Total Turkish Lira including VAT)
Deferred Payment Sales Price
(Total including VAT)
2) SERVICES and/or PRODUCTS shall be delivered to the address of the buyer specified above or to the address specified by the buyer in the OTOBENDE MOBILE APPLICATION. This address can be changed by the BUYER through the OTOBENDE MOBILE APPLICATION after this preliminary information form is issued. Therefore, the SELLER shall not be liable for damages and expenses arising from the buyer’s late receipt of the SERVICE AND/OR PRODUCT and/or failure to receive it at all. THE SELLER is responsible for the delivery of the contractual service and/or product in a sound, complete manner, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any.
3) The products shall be delivered within 30 days at the latest as of the date of the contract. Until the delivery of the product, all responsibility shall be assumed by the SELLER. However, since the products/services purchased within OTOBENDE MOBILE APPLICATION are the products/services related to the BUYER’S car, the delivery of the services and/or products (assembly, workmanship, etc.) may take longer than 30 days due to the nature of the work.
4) The BUYER has the right to withdraw from this Distance Sales Contract within 14 (fourteen) days without any justifications and without paying penalties. The CONSUMER is obliged to return the goods subject to the contract to the seller or the carrier specified by the seller within 10 days from the date of exercising the right of withdrawal. The right of withdrawal begins on the day the contract is established in service performance contracts and on the day received by the consumer or the third party delivered by the consumer in the contracts related to the delivery of goods. However, the consumer may use the right of withdrawal starting from the establishment of the contract until the delivery of the goods.
The BUYER may not exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services, the price of which varies due to fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts relating to goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods which may be quickly degraded or that may expire.
d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods which are not appropriate to be returned in terms of health and hygiene.
e) Contracts for goods which, after delivery, are intermixed with other products and which are inherently impossible to be segregated.
f) Contracts on books, digital content and computer consumables provided in the material environment in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
g) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement.
h) Contracts to be made at a specific date or period for accommodation, transport of goods, car rental, food and beverage supply and the use of leisure time for fun or recreational purposes.
i) Contracts for services rendered in electronic environment or royalties delivered to consumers instantly.
j) Contracts for services commenced with the consent of the consumer before the right of withdrawal expires.
k) Since the purchased products/services are products/services related to the BUYER’S car, the services and/or products provided (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) Complaints and objections of consumers: If you have any complaints about the product and/or service subject to your order, and/or your order, you can submit your complaints to the SELLER via the contact information given above, or via the TİM OTO information hotline. The applications including your complaints will be immediately recorded, evaluated by the authorized departments, we will try to solve your problems and you will be informed as soon as possible.
In the disputes arising in relation to this contract, Turkish Courts shall be authorized, and the Turkish Law shall be applied. Within the borders of the Republic of Turkey; for the values limited with the values declared by Ministry of Commerce every year the Provincial or District Consumer Arbitration Committees in the regions where the CONSUMER transaction is performed or where the CONSUMER resides; and for the values that are above the value specified, the Consumer Courts in the regions where the CONSUMER transaction is performed or where the CONSUMER resides shall be authorized for the disputes that may arise in relation to this Contract.
6) Preliminary Information Form and Distance Sales Contract are preliminary protocols for the products, whose sales is envisaged to be completed with the official procedures to be carried out before the official authorities in accordance with the relevant legislation. The total price of these products and the method of payment will be specified in the relevant Campaign Terms and/or Product Descriptions, and this price does not include the expenses that will arise during the completion of the official procedures related to the sale. Such costs shall be paid by the BUYER in the course of the performance of official procedures. These sales shall be deemed to have been completed with the payment of the total price by the BUYER to the SELLER and the fulfillment of official procedures before the official authorities. In this context, provisions that do not have an application area such as the right of withdrawal, cargo / delivery etc. shall not apply to these products.
