Distance Sales Agreement
ARTICLE 1 - PARTIES
SELLER INFORMATION
Title: TCAB IC VE DIS TIC. Inc.
Address: Yesilkoy Mah. Ataturk Cad. EGS Business Park No: 12/8 Bakirkoy/Istanbul
Email : info@tcab.biz
ARTICLE 2 - SUBJECT OF THE AGREEMENT
The subject of this Distance Sales Contract (hereinafter referred to as the "Agreement") is the subject of the contract, which has the qualifications mentioned in the contract, which the BUYER places an order on electronically through the SELLER's www.tcab.biz website. It 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 the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the products whose content and sales price are specified in the articles.
The BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. It accepts and declares that it has knowledge of all preliminary information and the right of withdrawal regarding the product subject to sale, confirms this preliminary information electronically and then orders the product, in accordance with the provisions of this Agreement. The preliminary information and invoice on the www.tcab.biz site are integral parts of this Agreement. The BUYER is deemed to have accepted all the terms of this Agreement at the time of the order.
The type and type, quantity, brand/model, color and sales price including all taxes of the product are as stated in the information on the promotion page of the product on the website www.tcab.biz and on the invoice, which is considered an integral part of this Agreement. Seller is not responsible for price update errors due to technical reasons. Preliminary information and the provisions of this Agreement are sent to the e-mail address notified by the BUYER to the SELLER, and the order summary is also included in the aforementioned e-mail along with the confirmation of the receipt of the order.
ARTICLE 3 - PAYMENT OF THE PRODUCT PRICE
3.1. In order for the BUYER to pay by credit card, the credit card information must be filled in completely and completely in the relevant section.
3.2. Payment can be made with a credit card in a single payment, as well as a deferred payment by dividing into a number of installments to be determined within the scope of the campaigns. In installment transactions, the relevant provisions of the contract signed between the BUYER and the Bank are valid. By organizing campaigns, the Bank may apply a higher number of installments than the number of installments chosen by the BUYER, and may offer services such as deferment of installments. Such campaigns are at the initiative of the Bank.
3.3. Due to the fact that the forward sales are made only with the credit cards of the Bank, the BUYER shall confirm the relevant interest rates and the information about the default interest separately from the Bank, and that the provisions regarding the interest and default interest in accordance with the provisions of the applicable legislation are stipulated in the credit card agreement between the Bank and the BUYER. accepts, declares and undertakes that it will be implemented within the scope of
3.4. In case the payments are made in installments, the reflection of the refund to the credit card in installments every month is entirely related to the Bank's processes and practices.
ARTICLE 4 - PRODUCT DELIVERY AND DELIVERY METHOD
4.1. The product will be delivered to the relevant person at the delivery address requested by the BUYER, by the courier company authorized by the SELLER. The BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address at the time of delivery shall be deemed as the delivery made to the BUYER. Even if the BUYER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled its performance fully and completely. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
4.2. For the delivery of the product subject to the contract, this Contract must be approved by the BUYER and the product price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the Bank's records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
4.3. The delivery is fulfilled within the time promised by the SELLER, starting from the date the order reaches the SELLER, without exceeding the legal period of 30 (thirty) days. If the SELLER cannot deliver the product subject to the Contract within the period due to stock depletion and similar commercial impossibilities, unexpected situations, force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER.
4.4. If the SELLER has declared on the website that the delivery fee will be covered by those who shop above the amount declared on the website, the delivery cost belongs to the SELLER. Apart from this, the delivery costs belong to the BUYER.
ARTICLE 5 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER shall inspect the product subject to the contract before receiving it, dents, broken, torn packaging, etc., which are understood to be caused by transportation. It is responsible for not accepting the damaged and defective product and keeping a report to the cargo company official. Otherwise, the SELLER will not accept responsibility, and the received product will be deemed to be undamaged and intact. The responsibility of carefully protecting the product after delivery belongs to the BUYER.
ARTICLE 6 - STATEMENTS AND COMMITMENTS OF THE SELLER
The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
In cases where the delivery of the product becomes impossible, the SELLER notifies the BUYER in accordance with the law within 3 (three) days from the date of learning about this situation. 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. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 14 (fourteen) days.
ARTICLE 7 - USE OF THE RIGHT OF WITHDRAWAL
The BUYER may use the right of withdrawal without giving any reason and without paying any penalty within 14 (fourteen) days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, a clear notification must be made to the SELLER by fax, e-mail or telephone within the same period and the product must not be from the products for which the right of withdrawal specified in Article 8 cannot be exercised. The BUYER is obliged to send the product back to the SELLER or the person he has authorized, within a maximum of 10 (ten) days from the date of the notification regarding the use of his right of withdrawal. The delivery cost of the product returned due to the right of withdrawal is borne by the SELLER. In case this right is exercised, it is obligatory to return the original invoice for the delivered product in accordance with the tax legislation. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER.
Within 14 (fourteen) days following the receipt of the notice regarding the right of withdrawal, the product price, all the collected payment is returned to the BUYER by the SELLER in accordance with the payment instrument used in the payment of the product price. Since the reflection of the amount to the BUYER's accounts after the refund of the amount to the Bank is made by the SELLER is entirely related to the Bank's transaction process, the BUYER accepts and declares that the SELLER does not have any intervention or responsibility for possible delays. The rights of the SELLER to exchange, set off and discount arising from the Contract and the law for the price to be refunded are reserved.
In cases where it is possible to use the right of withdrawal, the BUYER is liable by law for the changes and deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, the BUYER may lose his right to withdraw if there is any change or deterioration due to the fact that the product is not used in accordance with the instructions for use, technical specifications and operation until the withdrawal date.
ARTICLE 8 - PRODUCTS and SERVICES THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER.
b) Contracts for goods prepared in line with the BUYER's wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the BUYER.
h) Contracts regarding the services that are started to be performed with the approval of the BUYER, before the expiry of the right of withdrawal.
ARTICLE 9 - PROTECTION OF PERSONAL INFORMATION AND PRIVACY POLICY
The SELLER may use the information transmitted to it by the BUYERS through the www.tcab.biz site in accordance with the provisions of the "Privacy Policy" and "Web Site Terms of Use". It can process this information and store it on a database. TCAB also; The identity, address, e-mail address, phone number, IP address of the BUYER, which parts of the www.tcab.biz site he visits, domain type, browser type, date of visit, time etc. information can also be statistically evaluated, announced for campaigns and personalized. may be used for purposes such as providing services. The personal information of the BUYERS will not be disclosed to real and legal third parties, except for the requests of the authorities authorized by law and the cases listed below.
The BUYER, by the SELLER, its current and future affiliates, affiliates, partners, successors and/or third parties-organizations to be determined by them, of the personal information transmitted by the BUYER, shall be responsible for all kinds of promotion, advertisement, promotion, communication, sales, marketing, store card, credit card and for membership applications indefinitely or for the period they will foresee, keeping in written / magnetic archives, keeping, processing, updating, sharing, transfer and use, unless otherwise stated, SMS, internet, letter, telephone, etc. allows them to communicate through channels. If the BUYER wants to change its data sharing preferences, it can forward this request to the communication channels specified by TCAB. The information entered on www.tcab.biz site for the purpose of membership, purchasing products/services and updating information, as well as confidential information about credit and debit cards are not displayed by other internet users.
ARTICLE 10 - REQUEST AND COMPLAINT / LEGAL REMEDIES
The BUYER may notify the SELLER, verbally or in writing, about his requests and complaints regarding the product and sale, by contacting the SELLER's communication channels below.
Customer Service Email Information
Email : info@tcab.biz
Provincial and District Consumer Arbitration Committees and Consumer Courts are authorized in disputes that may arise from this Agreement, within the monetary limits announced annually by the Ministry of Customs and Trade as required by law.