PRELIMINARY INFORMATION FORM
CLAUSE 1 Information on the Seller
Title : Ece Plastik Makina Kimya San. Ve Tic. Ltd. Şti.-Cotier
Tax ID : 3240063811- Erenköy Tax Office
Address : 19 Mayıs Mh.Sümer Sk.Sümko Sit.M7 Apt.No:5 A/3 Kadıköy/İstanbul
Phone No. : 02164457165
Fax No. : 02164457166
E-mail : www.cotierdenim.com
CLAUSE 2 Information on the Buyer
Name – Surname / Title:
CLAUSE 3 Subject
The subject of the present Preliminary Information Form (the “Form”) is the provision of information concerning the sale and delivery of the Products (the “Products”), whose nature and sale price are specified below, pursuant to the provisions of Law on the Protection of Consumers (Law No. 6502), and Regulation on Distance Contracts, which has been published in the Official Gazette issued on November 27, 2014 and under no. 29188.
CLAUSE 4 Basic Features of the Commodity Subject to Sale, and Payment Information
4.1. Information on the definition, unit sum, quantity, and payment terms of the Products are as specified below, and the relevant information have also been approved by the Consumer.
[Product Information Field]
4.2. Courier fee shall be payable by the Consumer.
CLAUSE 5 Validity Period of Commitments
Prices specified in Clause 4.1 are sale prices. Announced prices and promises are valid until any update or modification Is made. As for prices announced for a definite period of time, these prices are valid until the end of the relevant period.
CLAUSE 6 Delivery of the Products
6.1. The PRODUCT is shipped within 2 to 5 work days in order to be sent to the delivery address stated by the BUYER on the WEBSITE, or to the person/organization located at the specified address. Shipped products are delivered to you within 1 to 5 work days along with the invoice. The period may be extended in cases of necessity. The period may be extended up to 14 days, in tailored customized orders. The Consumer may terminate the contract in case the Seller fails to fulfill the present liability.
6.2. If the Products are to be delivered to anyone other than the person specified by the Consumer, the Seller may not be held responsible in case the person/organization to whom the delivery is supposed to be made rejects to accept the delivery.
6.3. The Consumer is liable to check the Products as soon as he/she receives it and notify the Seller of any observed defects immediately.
CLAUSE 7 RIGHT OF WITHDRAWAL
7.1 In distance contracts regarding commodity sale, the Consumer may exercise his/her right of withdrawal from the contract by rejecting the commodity within 14 (fourteen) days of the Product’s delivery to himself/herself or to the person/organization located at the specified address, without any legal and penal liability and without having to cite any excuse.
7.2 In order for the right of withdrawal to be used, a written notice shall be sent to the Seller within the period of 14 (fourteen) days via registered and reply-paid mail, e-mail, or fax.
7.3 In order for the return procedure to be applied, the return form we send you shall be fully completed and placed in the return package, and the return form shall be completed via www.cotierdenim.com.
7.4 Products to be returned shall be delivered along their boxes, packages, and standard accessories, if any.
7.5 The Seller is liable to return the total fee and any documents binding the Consumer to the Consumer within 14 (fourteen) days of its receipt of the notice of withdrawal, at the latest.
The Seller shall make all repayments specified in paragraph one in a manner conform to the payment instrument used by the consumer during the purchase, in single sum, and without charging any cost or liability to the consumer.
(In case the Consumer has used credit card installments option during the purchase, the repayment shall also be made in single sum, although the Bank’s repayment of the sum to the Consumer in installment, would not constitute the violation of the present clause)
7.6 Courier fee of Products returned due to the exercising of the right of withdrawal shall be incurred by the Seller.
CLAUSE 8 Products for which, the right of withdrawal may not be exercised
Right of withdrawal may not be exercised with regard to contracts concerning the sale of goods, which are prepared in line with the Consumer’s demands or his/her express personal needs, which are not suitable for return, which face quick deterioration risk, or whose best-before date may expire, and contracts concerning audio or video records, software programs or computer consumables (for the latter group of contracts, in case the package was opened by the Consumer).
CLAUSE 9 General Provisions
9.1 The Consumer states in the present Form that he/she has read the preliminary information on the basic qualities, sale price, and payment method and delivery of the Product subject to sale and acquired relevant information, and that he/she gave the necessary confirmation in written form.
9.2 By confirming the present Form in written form, the Consumer confirms that he/she has acquired information to be given by the Seller to the consumer before the conclusion of distance contracts such as address, basic features of the ordered Products, price of the Products including taxes, and payment and delivery information, accurately and completely.
9.3 The Seller may not be held responsible in case the ordered problem is not delivered to the Consumer due to any reason to be encountered by the courier firm during the delivery stage of the Products to the Consumer.
9.4 The Seller is responsible from the delivery of the Products in a sound and complete manner, conform to the qualities specified in the order, and along with its warranty documents and user guides, if any.
9.5 If, before the delivery time, it is understood that the Products may not be supplied, due to a justifiable reason, the Seller may provide a different Product of equal quality and price, through informing the Consumer and receiving the latter’s written approval.
9.6 In case it would be impossible to deliver the Products, the Seller shall notify the Consumer of the situation before the expiry of the performance liability arising from the contract, and return the total fee to the Consumer within a period of 10 (ten) days.
9.7 If, due to any reason, the Product fee is left unpaid, or it is cancelled in bank records, the Seller shall be deemed to have been released from the Product delivery liability.
9.8 In case the Product fee may not be payable to the Seller due to any reason, the Consumer shall return the Products to the Seller at his/her own expense within 3 days of the Seller’s notification, at the latest. The Seller’s all other contractual-legal rights shall by all means be reserved, including the follow-up of its Product fee receivable.
CLAUSE 10 Competent Court
The Seller may refer his/her complaints and objections to the consumer problems arbitrators committee or consumer court located in the place where he/she had purchased to goods or service or in the place where he/she resides, provided the sum falls within the limits determined by the Republic of Turkey Ministry of Industry and Commerce each December.
CLAUSE 11 Other Provisions
After the present Preliminary Information Form is read and accepted by the Consumer in digital environment, the act shall be proceeded with the conclusion stage of the Distance Sale Contract.
İ hereby confirm that I acquired the preliminary information specified in the present Preliminary Information Form.
DISTANT SALES CONTRACT
ARTICLE 1 – SUBJECT OF CONTRACT AND PARTIES
1.1. This contract determines the rights, laws and obligations of the parties regarding the sales of the products and services made on the Buyer’s, whose detailed information is provided below, website www.cotierdenim.com (hereinafter called as WEB SITE) operated by the Seller and the delivery of the products to the delivery address in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts.
1.2. The BUYER accepts and declares in accordance with the provisions of this contract that he/she is informed about the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions and all preliminary information about the goods or services subject to sale and the right of "withdrawal", that he/she confirmed this preliminary information electronically and thereafter he/she ordered services. The preliminary information and invoice on the payment page on the www.cotierdenim.com site are integral parts of this contract.
1.3. SELLER’S INFORMATION
Title : Ece Plastik Makina Kimya San. Ve Tic. Ltd. Şti.-Cotier
Tax Number : 3240063811 – Erenköy Tax Office
Address : 19 Mayıs Mh. Sümer Sk. Sümko Sit. M7 Apt.No: 5 A/3 Kadıköy/İstanbul
Phone : 02164457165
Fax : 02164457166
E-mail : www.cotierdenim.com
1.4. BUYER’S INFORMATION
Name Surname/Title :
Delivery Address :
ARTICLE 2 – DATE OF CONTRACT
2.1. This contract was signed by the parties on ……………., when the order of the BUYER was completed on the WEBSITE, and a copy of the contract has been sent to the BUYER's e-mail address.
ARTICLE 3 – GOODS AND SERVICES SUBJECT TO CONTRACT
3.1. The details of the products and services ordered by the BUYER, the amount of cash sales including taxes, and the quantity information are given below. All of the products listed in the table below are hereinafter defined as PRODUCT.
[Product Information Area]
Number of Piece
ARTICLE 4 – DELIVERY OF THE GOODS
4.1. The PRODUCT is shipped within 2-5 business days so as to be sent to the delivery address specified by the BUYER on the WEB SITE or to the person/organization at the address indicated by the BUYER. The products delivered to the cargo arrive at you within 1-5 business days, together with the invoice. This period may be extended in cases of necessity. This period can be extended up to 14 days for special production orders produced on demand.
4.2. If the PRODUCT is to be delivered to another person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.3. The BUYER is responsible for checking the PRODUCT as soon as he/she received it and responsible for not accepting the PRODUCT and making CARGO company officer write a minute when he/she sees a problem arising from the cargo in the PRODUCT. Otherwise, the SELLER will not accept any liability.
ARTICLE 5 – PAYMENT METHOD
5.1. The BUYER accepts, declares, and commits that, since the forward sales are made only with the credit cards of the Banks, he/she will also confirm from his/her bank the relevant interest rates and the information about the default interest, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the Buyer in accordance with the provisions of regulations in effect. Deferred and installment payment opportunities provided by institutions issuing credit cards, installment cards and etc. such as banks and financial institutions are a loan and/or installment opportunity directly provided by the said institution. PRODUCT sales realized within this framework and for which the SELLER collected the price in full, are not considered as installment sales but cash sales for the parties to this Agreement. The SELLER’s legal rights (including the right to terminate the contract and/or demand the payment of the entire remaining debt together with the default interest if any of the installments are not paid) are present and reserved in cases that are legally deemed to be sales on installments. In case of BUYER's default, a monthly default interest of 5% is applied.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The BUYER acknowledges that he/she has read the basic characteristics, the sales price, the payment method and the preliminary information regarding the delivery of the products shown on the WEB SITE, and he/she has given the necessary confirmation for the sale in electronic environment.
6.2. BUYER; by confirming this contract electronically, confirms that the he/she has obtained accurate and complete information of the address to be given to the Consumer by the Seller, the basic features of the products ordered, the price of the products including taxes, payment and delivery before the conclusion of the distance contracts.
6.3. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
6.4. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires.
6.5. If the Seller fails to fulfill the contractual obligations in the event that the product or service subject to the order becomes impossible to be fulfilled, the SELLER notifies the consumer before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price.
6.6. For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
6.7. If, for any reason, after the delivery of the PRODUCT, the Bank/financial institution of the credit card used in the transaction does not pay the price of the PRODUCT to the SELLER, the PRODUCT will be returned to the SELLER by the BUYER within 3 days at the latest, all expenses belonging to the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the product price receivable, are reserved separately and in any case.
6.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire) other than normal sales conditions and the delay exceeds 10 days, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the emergency. In order cancellations, if the product price is collected, it is returned to the BUYER within 10 days of cancellation. In credit card payments, the refund process is made by returning it to the credit card of the BUYER.
ARTICLE 7 – RIGHT TO WITHDRAWAL
7.1. The SELLER undertakes that the BUYER has the right to withdraw from the contract by refusing the goods or services within fourteen days from the date of receipt of the goods or the signing of the contract without undertaking any legal and criminal liability and without any justification and to take back the goods as of the date of receipt of the withdrawal notification by the SELLER or the product supplier.
7.2. In order to use the right of withdrawal, a written notification must be made to the SELLER within this period. If this right is exercised, it is obligatory to return the original invoice and the sample of the cargo delivery report indicating that the PRODUCT delivered to the 3rd party or the BUYER was sent to the SELLER. The product price is returned to the BUYER within 10 days following the receipt of these documents. In credit card payments, the refund process is made by returning it to the credit card of the BUYER.
7.3. In accordance with the tax legislation, if the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the returned product is paid by the BUYER.
7.4. The BUYER cannot use the right of withdrawal in the case of a PRODUCT that is produced in accordance with the special requests and demands of the BUYER, or which has been customized by making changes or additions, or which cannot be returned due to its nature or PRODUCTS which may rapidly deteriorate or is likely to expire.
ARTICLE 8 – PRODUCTS THAT ARE NOT SUBJECT TO WITHDRAWAL
8.1. Products that cannot be returned by nature; return of single-use products, duplicable software and programs, products that deteriorate rapidly or that are likely to expire are not accepted.
8.2. The following products can be returned on the condition that the package of the product is unopened, intact and the product has not been used and tested.
All kinds of Cosmetic Products - Underwear Products - All Kinds of Personal Care Products - All kinds of software and programs - DVD, VCD, CD and cassettes - Computer and stationery consumables (toner, cartridge, tape etc.)
ARTICLE 9 – EVIDENCE AGREEMENT AND AUTHORIZED COURT
9.1. The SELLER records (including magnetic media records such as computer-sound recordings) constitute conclusive evidence in the resolution of any dispute that may arise from this Contract and/or its implementation; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade, and in exceeding cases, Consumer Courts and Execution Directorates in the settlement of the BUYER and SELLER are authorized.
9.2. The BUYER declares, accepts and undertakes that he/she has read all the conditions and explanations written in this Contract and the order form constituting its integral part, has obtained, examined and accepted all the sales conditions and all other preliminary information.
SELLER : Ece Plastik Makina Kimya San. Ve Tic. Ltd. Sti.-Cotier
BUYER : ......
DATE : ......