Article 1 – PARTIES TO THE CONTRACT
This Agreement is entered into by and between the following parties:
On the one hand;
SELLER: Cumhuriyet Mah. 1982. Sokak No:3/1 Blue Residence Esenyurt / Istanbul
Email: info@qatamin.com
On the other hand;
BUYER:
Article 2: SUBJECT
The subject matter of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the products specified in Article 1.3 and 1.4 of this agreement, which the BUYER has ordered electronically from the website https://qatamin.com, with the characteristics mentioned in the contract, and the sales price. The BUYER acknowledges that they are informed about all pre-information regarding the product, such as the basic characteristics of the products for sale, the sales price, payment method, delivery conditions, etc., and confirms these pre-information electronically before placing the order. The pre-information and invoice available on https://qatamin.com website are integral parts of this agreement. The BUYER is deemed to have accepted all the terms of this agreement at the time the order is placed.
Article 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE OF THE CONTRACT, AND DELIVERY METHOD
The product will be delivered to the BUYER’s address requested by the BUYER via Yurtiçi Kargo (Domestic Cargo) courier, by the authorized personnel of the courier company, to the person named ………………..
Article 4: DELIVERY EXPENSES AND PERFORMANCE
Delivery expenses shall be borne by the BUYER. If the SELLER declares that the delivery fee will be borne by the SELLER for those who shop over the amount announced on the website, then the delivery expense shall be borne by the SELLER. Even if the BUYER is not present at the address during delivery, the SELLER shall be deemed to have fulfilled its obligation in full and in a timely manner. Therefore, any damage caused by the BUYER’s delay in receiving the product, or the expenses incurred due to the product waiting in the courier company and/or the return of the cargo to the seller, shall be borne by the BUYER. Delivery will be made as soon as possible after the stock is available and the product price is credited to the SELLER’s account. The SELLER shall deliver the product within 30 (Thirty) days from the order, reserving the right to extend this period by an additional 10 (ten) days with written notification. If the SELLER is unable to deliver the product within the specified period due to stock depletion, force majeure events, unexpected situations, or extraordinary circumstances such as adverse weather conditions disrupting transportation, the SELLER is obliged to inform the BUYER about the situation. It is a condition for the delivery of the product that a signed copy of this agreement has been delivered to the SELLER and the payment has been made by the BUYER through the payment method chosen by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER shall be deemed relieved of the obligation to deliver the product.
Article 5: BUYER’S DECLARATIONS AND UNDERTAKINGS
Before receiving the product, the BUYER will inspect and will not accept damaged or defective products such as scratches, breakage, torn packaging, etc., from the courier company. The received product will be deemed undamaged and intact. After delivery, the BUYER is responsible for carefully preserving the product. If the right of withdrawal is to be exercised, the product must not be used, and the invoice must be returned. If the original invoice is not sent, the VAT and any other legal obligations cannot be refunded to the BUYER. In case of returning the product due to the right of withdrawal, the delivery cost shall be borne by the SELLER. If the BUYER’s credit card is used unlawfully or unlawfully by unauthorized persons after the delivery of the product, and if the bank or financial institution does not pay the product price to the SELLER due to the fault of the BUYER, the BUYER is obliged to return the product to the SELLER within 3 (three) days after it has been delivered to them. In this case, the delivery expenses shall be borne by the BUYER. Additionally, the BUYER accepts that the delivery made to the address specified by the BUYER and to the person present at that address shall be considered as delivery to the BUYER.
Article 6: SELLER’S DECLARATIONS AND UNDERTAKINGS
The SELLER is responsible for delivering the product in accordance with the specifications indicated in the order, complete, undamaged, and with the warranty documents and user manuals, if any. If the product is to be delivered to someone other than the BUYER, the SELLER shall not be held responsible for the refusal of delivery by the recipient. The SELLER undertakes to inform the BUYER of the right of withdrawal within 7 (seven) days from the date the product is delivered to the BUYER or the contract is signed, without assuming any legal or criminal liability, and to collect the product back within 7 (seven) days after the notification of withdrawal. After the notification of withdrawal reaches the SELLER, the product
price shall be refunded to the BUYER within 7 (seven) days, and the product shall be returned within 7 (seven) days. If the original invoice is not sent, the VAT and any other legal obligations cannot be refunded to the BUYER. In case of returning the product due to withdrawal, the delivery cost shall be borne by the SELLER. Defective or faulty products covered by the warranty certificate or not, can be sent to the SELLER for necessary repairs within the warranty conditions, and in this case, the delivery expenses shall be borne by the SELLER.
Article 7: SPECIFICATIONS OF THE PRODUCT SUBJECT TO THE CONTRACT
The Type and Quantity of the Product, Brand/Model, Color, and the Sales Price including all Taxes are as indicated on the product’s presentation page on the website https://qatamin.com and on the invoice, which is an integral part of this contract. The SELLER is not responsible for price update errors due to technical reasons.
Article 8: CASH PRICE OF THE PRODUCT
The cash price of the product is available in the invoice content.
Article 9: INSTALLMENT PRICE
The price of the product according to the installment will be available in the invoice content.
Article 10: INTEREST
In case the BUYER makes purchases with a credit card and in installments, if the number of installments exceeds 12, a monthly interest rate of 0% will be applied to determine the sales price. The BUYER is responsible for any legal and financial obligations towards their bank according to Article 12.
Article 11: DOWN PAYMENT AMOUNT
The down payment amount of the product is available in the invoice content.
Article 12: PAYMENT PLAN
Due to the installment sales being made only with bank credit cards, the BUYER acknowledges, declares, and undertakes that they will separately confirm the interest rates and information about default interest with their bank, and that the provisions regarding interest and default interest will be applied between the bank and the BUYER within the framework of the credit card agreement in accordance with the current legislation. In installment transactions, the relevant provisions of the contract signed between the BUYER and the card-issuing bank shall apply. The payment date for credit card payments shall be determined by the agreement between the bank and the BUYER. Additionally, the BUYER can track the number of installments and payments from the bank’s account statement sent.
Article 13: RIGHT OF WITHDRAWAL
The BUYER may exercise their right of withdrawal within 7 (seven) days from the delivery of the product to themselves or to the person/organization at the address they specified. For the exercise of the right of withdrawal, it is necessary to notify the SELLER by fax, e-mail, or telephone within the same period, and the product must be unused, in its original condition, as per the pre-information accepted by the BUYER on https://qatamin.com website, and within the framework of the provisions of Article 14, which is an integral part of this contract. In case of exercising this right, the original invoice must be returned for the product delivered to a third party or the BUYER. Within 7 (seven) days following the notification of withdrawal, the product price shall be refunded to the BUYER, and the product shall be taken back within 7 (seven) days. If the original invoice is not sent, the VAT and any other legal obligations cannot be refunded to the BUYER. In case of returning the product due to withdrawal, the delivery cost shall be borne by the SELLER.
Article 14: PRODUCTS IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The BUYER can return the product they have purchased within 14 (fourteen) business days from the delivery date with the invoice. Returns cannot be made for products without invoices and boxes. The products the BUYER wants to return must be in their original packaging, complete with all accessories and packaging materials, undamaged, unused, in a resalable condition, and the original invoice must be sent along. Returns without invoices will not be accepted. Products that cannot be returned due to their nature include disposable products, copyable software and programs, perishable products, or products with an expiration date. The return of the following products is subject to the condition that the packaging is unopened, undamaged, and the product is unused and untested. (All kinds of Cosmetic Products, Innerwear Products, All kinds of Personal Care Products, All kinds of software and programs, DVDs, VCDs, CDs, and cassettes, Computer and stationery consumables (toner, cartridge, ribbon, etc.).
Article 15: DEFAULT AND LEGAL CONSEQUENCES
In case of the BUYER’s default in credit card transactions, the BUYER shall pay interest and be liable to the card-issuing bank within the framework of the credit card agreement concluded between them. In this case, the relevant bank may resort to legal remedies; demand the expenses incurred and the attorney’s fees from the BUYER; and in any case, the BUYER agrees to pay for the damages and losses incurred by the SELLER due to the BUYER’s default.
Article 16: COMPETENT COURT
In case of any disputes arising from this agreement, Consumer Arbitration Boards up to the value declared by the Ministry of Industry and Trade, and Consumer Courts in the domicile of the BUYER and the SELLER are competent. In places where there is no consumer court, Civil Courts of First Instance are competent.
Article 17: EFFECTIVENESS
In case of payment for the order placed through the website, the BUYER shall be deemed to have accepted all the terms of this agreement. The SELLER is obliged to make software arrangements to ensure that orders cannot be placed without the confirmation of reading and acceptance of this agreement by the BUYER on the website.