SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1. SELLER: Sim Nakış & Serigarfi Baskı
Business Name: Sim Nakış
Address: Şerifali Mah. Çetin Cad. Kıble Sk. No:7 Kat:-2 Ümraniye – Istanbul
Phone: +90 (850) 532 1 746
1.2. BUYER:
Full Name/Company Name:
Email:
ARTICLE 2 – SUBJECT
The subject of this agreement is the sale and delivery of the product, which the BUYER has ordered electronically from the SELLER’s website https://patchdunyasi.com, and whose specifications and sales price are stated below, in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on the Implementation Principles and Procedures of Distance Contracts, to determine the rights and obligations of the parties.
ARTICLE 3 – SUBJECT PRODUCT
3.1. The type and nature of the products, quantity, brand/model, color, and the sales price including taxes (unit x unit price) are as follows:
Product Name Quantity VAT Included Unit Price
3.2. Payment Method: Single Payment with Credit Card
If you are ordering with a credit card in installments:
Your bank may offer campaigns where a higher number of installment payments than what you selected can be applied, or services such as installment deferral may be provided. These types of campaigns are at the discretion of your bank, and if known to our company, information about these campaigns will be provided on our pages.
From the billing date of your credit card, the total amount of the order will be divided by the number of installments, and it will be reflected in your credit card statement by your bank.
The bank may not distribute the installment amounts equally across the months, considering the decimal differences. The creation of a detailed payment plan is at the discretion of your bank.
3.3. Furthermore, since installment sales can only be made with credit cards issued by banks, the BUYER agrees, declares, and undertakes to confirm the relevant interest rates and default interest information from their bank. In accordance with the applicable legal provisions, the terms regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER.
Refund Procedure:
A) CREDIT CARD REFUND PROCEDURE
In cases where the BUYER exercises the right of withdrawal, or the product ordered cannot be supplied for various reasons, or in cases where the Arbitration Board decides to refund the Consumer, if the purchase was made with a credit card and in installments, the refund procedure to the credit card is as follows:
If our customer purchased the product in installments, the bank will refund the customer in installments. Once the SELLER has paid the full price of the product to the bank in a single payment, in case of a refund to the customer’s credit card for installment purchases made through the bank’s POS, the refund amounts requested will be transferred to the respective accounts of the parties in installments by the bank to prevent any party from being put at a disadvantage. The installments paid by the customer until the cancellation of the sale will be refunded in installments to the card each month, provided that the refund date and the card’s statement dates do not overlap. After the installments of the sale are completed, the customer will receive additional months corresponding to the number of installments paid before the refund, and these will be deducted from the outstanding balance.
In case of a return of goods and services purchased with a credit card, the SELLER, due to the agreement with the bank, cannot make a cash refund to the customer. The SELLER, i.e., the merchant, will process the refund through the relevant software in case of a return and is obligated to pay the corresponding amount to the bank either in cash or through offsetting. Therefore, as explained in the procedure above, the SELLER cannot make a cash payment to the customer. The refund to the credit card will be made by the bank following the procedure outlined above, after the SELLER has made the full payment to the bank.
The BUYER acknowledges and agrees that they have read and accepted this procedure.
B) REFUND PROCEDURE FOR CASH ON DELIVERY AND BANK TRANSFER/EFT PAYMENT OPTIONS
In the case of Cash on Delivery or Bank Transfer/EFT payment options, the refund will be made by Bank Transfer or EFT to the bank account provided by the Consumer. The consumer’s bank account information will be requested, and the refund will be made to the account indicated by the Consumer (the account must be in the name of the person at the billing address or the name of the registered user).
3.4. Delivery Method and Address:
Person to Deliver to:
Contact Information of the Person to Deliver to:
Delivery Address:
Billing Address:
The delivery will be made to the address specified by the BUYER via the courier company (ARAS). Even if the BUYER is not present at the address at the time of delivery, the SELLER will be considered to have fulfilled their obligation completely and fully. Therefore, any damages arising from the BUYER receiving the product late, and any costs incurred due to the product being held at the courier company or the return of the product to the SELLER, will be borne by the BUYER.
Shipping Cost: The shipping fee is 10.00 TL, which will be added to the total order amount and paid by the customer. It is not included in the product price.
ARTICLE 4 – GENERAL PROVISIONS
4.1- The BUYER declares that they have read and understood the basic features, sale price, payment method, and delivery information of the product subject to the contract on the website https://patchdunyasi.com, and that they have provided the necessary confirmation electronically.
4.2- The product subject to the contract will be delivered to the BUYER or the person/institution indicated by them within the time period specified in the preliminary information on the website, depending on the distance of the BUYER’s residence, provided that the legal 30-day period is not exceeded.
4.3- If the product subject to the contract is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible for the refusal of delivery by the recipient institution/person.
4.4- The SELLER is responsible for delivering the product subject to the contract in a sound, complete, and proper condition, in accordance with the specifications mentioned in the order, and with any warranty certificates and user manuals, if applicable.
4.5- In order for the delivery of the product subject to the contract to take place, a signed copy of this contract must be delivered to the SELLER, and the payment must have been made according to the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER will be released from the obligation of delivering the product.
4.6- If the BUYER’s credit card is used by unauthorized persons in an unjust or unlawful manner after the delivery of the product, and the related bank or financial institution does not pay the product price to the SELLER, the product must be returned to the SELLER within 3 days, provided it has been delivered to the BUYER. This is mandatory, unless the issue is caused by the fault of the BUYER.
4.7- For products sold with a warranty certificate, or products with or without one, those that are defective or faulty (damaged) can be sent to the SELLER for necessary repairs within the scope of warranty conditions, to be carried out by an authorized service. In this case, the shipping costs will be covered by the SELLER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract by rejecting the product within 7 days from the delivery of the product to themselves or to the person/institution they have indicated. The product price will be refunded to the BUYER within 10 days from the date the withdrawal notification is received by the SELLER (see: Regulation on Distance Contracts, Article 9/2). The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER.
The consumer has the right to withdraw from the contract without assuming any legal or criminal responsibility and without providing any reason within seven days from the date the product was delivered or the contract was signed. The consumer agrees to return the product after notifying the SELLER or service provider about the withdrawal.
In accordance with the general communiqué of the Tax Procedure Law No. 395, in order for the return process to be completed, the relevant sections on the return section of the invoice sent to you must be filled out completely and signed, then sent back to us along with the product.
However, for shipments to the Turkish Republic of Northern Cyprus (TRNC) and abroad, our Customers are required to pay the taxes on the products they have received from customs, as they do not pay VAT on their orders. There is no right of withdrawal for products that are not received from customs, regardless of the reason. According to Article 8 of the Regulation on Distance Contracts, the Consumer has the right to withdraw from the contract by rejecting the product within seven days from the delivery date of the product without assuming any legal or criminal responsibility and without providing any reason in distance sales contracts concerning goods.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products that cannot be returned due to their nature, single-use products, copyable software and programs, perishable products, or products that have passed their expiration date cannot be subject to the right of withdrawal. The right of withdrawal for the following products can only be exercised if the product’s packaging has not been opened, the product has not been damaged, and the product has not been used:
– Portable computers and desktop computers (Returns will not be accepted after the original operating system has been installed, i.e., after the computer setup is completed.)
– All types of software and programs
– Custom-designed nameplates, logos, and personalized products cannot be returned
– Computer and stationery consumables (toner, cartridges, ribbons, etc.)
– All types of cosmetic products
– Telephone credit orders
– Products that, by their nature, cannot be returned (except for defective or faulty products, products that may pose a health risk after being opened, e.g., products requiring direct contact with the body during use (in-ear or over-ear headphones, etc.), single-use products, copyable software and programs, perishable products, or products that have passed their expiration date cannot be returned.) ARTICLE 7 – DEFAULT PROVISIONS
If either party fails to fulfill its obligations arising from this agreement, the provisions of Articles 106-108 of the Turkish Obligations Law regarding the debtor’s default will apply. In case of default, if either party fails to perform its obligations within the specified period without a valid reason, the other party will give the defaulting party a 10-day period to fulfill its obligations. If the obligation is still not fulfilled within this period, the party failing to perform will be deemed in default, and the creditor has the right to demand performance of the obligation, request delivery of the goods, and/or request termination of the contract and a refund of the payment.
According to the last paragraph of Article 9 of the Regulation on Distance Contracts, if the SELLER claims that the performance of the goods or services in the order placed at https://patchdunyasi.com has become impossible (for instance, the supplier is unable to supply the product in any way) and is unable to fulfill its contractual obligations, it undertakes to notify the consumer before the deadline for fulfilling its obligations under the contract. In this case, XXX has the right to immediately terminate the contract and undertakes to refund the amount of the product ordered by the customer and any documents that may have placed the customer under debt. If the SELLER is unable to fulfill its obligations due to force majeure events, such as severe weather conditions affecting transportation, transportation disruptions, fire, earthquake, flooding, or other extraordinary events, and is unable to deliver the product within the agreed period, the BUYER understands that the SELLER at https://patchdunyasi.com is not responsible. In such cases, the BUYER has the right to either cancel the order or postpone the delivery until the obstacle is cleared. If the BUYER cancels the order, the amount paid will be refunded within 10 days (for installment payments made via credit card, the BUYER agrees to the refund procedure to the credit card as described above).
ARTICLE 8 – COMPETENT COURT
For the implementation of this agreement, the Consumer Arbitration Committees announced by the Ministry of Industry and Commerce or the Consumer Courts located in the place of residence of either the BUYER or the SELLER, up to the value announced by the Ministry, are competent.
In case the order is completed, the BUYER is deemed to have accepted all the terms of this agreement.
SELLER: Sim Nakış & Serigarfi Baskı
BUYER:
DATE:
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