DISTANCE SALES AGREEMENT
ARTICLE 1. SUBJECT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6052 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of products ordered electronically by the BUYER from the website "www.Dekofis.com" belonging to the SELLER.
ARTICLE 2. TERMS REGARDING THE PRODUCT, PAYMENT, AND RETURN
The order and price will be automatically reflected.
ARTICLE 3. Payment Method
3.1.1. Cash on Delivery: The cash-on-delivery payment option is not available in our company.
3.1.2. Payment by Credit Card: To make a payment by credit card, you must enter your credit card details completely and accurately in the designated fields. You can make a one-time payment with your credit card or choose installment options. Your bank may offer additional installments beyond the ones you selected or provide deferred payment services. Such campaigns are at the discretion of your bank, and if our company is informed, details will be shared on our pages. The total amount of the order will be divided into the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts evenly across months due to rounding differences. Your bank determines the detailed payment plan.
3.1.3. Payment by Bank Transfer: If you wish to pay by bank transfer, you can transfer/eft the amount to the account in the name of YILDIZ ÇELİK SAN.TİC.LTD.ŞTİ. with IBAN number TR67 0006 4000 0011 2860 0339 09.
3.2. Since installment sales are only made via bank credit cards, the BUYER acknowledges, declares, and undertakes that they will confirm the relevant interest rates and default interest details from their bank and that the provisions regarding interest and default interest will be applied under the credit card agreement between the Bank and the BUYER, in accordance with the current legal regulations.
3.3. Return Procedure
3.3.1. Refund Procedure for Credit Card Payments: In cases where the BUYER exercises their right of withdrawal, or the ordered product cannot be supplied for various reasons, or a refund is decided by the Consumer Arbitration Board, the refund procedure for purchases made by credit card is as follows:
If the customer purchased the product in installments, the bank refunds the payment in installments. After the company (SELLER) makes a lump-sum payment to the bank, if the installment purchase is refunded, the refund amount will be transferred to the account of the cardholder in installments by the bank to avoid any inconvenience for the involved parties. If the refund date and the credit card’s billing cycle do not match, one refund will be reflected on the card each month, and after the installments of the canceled sale are completed, the customer will receive their refund for the number of installments they have already paid, which will be deducted from their outstanding balance.
The BUYER acknowledges and accepts that they have read and agreed to this procedure.
3.3.2. Refund Procedure for Cash on Delivery and Bank Transfer Payments: For refunds made via cash on delivery or bank transfer, the consumer’s bank account details will be requested, and the refund will be transferred to the account specified by the consumer (the account must be in the name of the person listed on the invoice or the registered user).
3.4. Delivery Method and Address
The delivery will be made via one of the contracted courier companies to the address specified by the BUYER in the order form. If the BUYER is not present at the delivery address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation completely. Therefore, the BUYER is responsible for any damages caused by delayed receipt of the product, storage at the courier company, or the return of the product to the SELLER. Promotions related to shipping fees are at the discretion of our company.
ARTICLE 4. GENERAL TERMS
4.1. The BUYER declares that they have read and acknowledged the essential characteristics, sales price, payment method, and preliminary information regarding the delivery of the product on www.Dekofis.com and provided the necessary confirmation in an electronic environment.
4.2. The product subject to this Agreement will be delivered to the BUYER or the person/institution indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s location, and not exceeding the legal fourteen-day period.
4.3. If the product is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible for the recipient’s refusal to accept the delivery.
4.4. The SELLER is responsible for ensuring that the product subject to the contract is delivered intact, complete, in compliance with the specifications stated in the order, and, if applicable, with warranty documents and user manuals.
4.5. The product will only be delivered once a signed copy of this contract has been received by the SELLER and the payment has been completed via the method chosen by the BUYER. If, for any reason, the payment is not made or canceled in bank records, the SELLER is relieved of its delivery obligation.
4.6. If the BUYER's credit card is unlawfully used by unauthorized persons after the delivery of the product, and the relevant bank or financial institution does not pay the SELLER the product price, the BUYER is required to return the product to the SELLER within three days, provided that it has been delivered to them.
ARTICLE 5. RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within fourteen days from the date of delivery of the product to themselves or a third party at the specified address. If the SELLER or Supplier fails to fulfill their obligations under Article 12 of the Distance Contracts Regulation, the withdrawal period is extended to fourteen days. The notification of withdrawal must be made in writing or via a permanent data carrier within this period.
From the date the withdrawal notification reaches the SELLER, the product price will be refunded to the BUYER within fourteen days.
Unless otherwise agreed, the consumer cannot exercise the right of withdrawal for the following contracts:
a) Service contracts where the execution has started before the withdrawal period expires, with the consumer's consent.
b) Products that cannot be resold after assembly and use.
c) Goods that are customized for the consumer or are perishable.
d) Sealed audio or video recordings, software, and computer supplies that have been unsealed by the consumer.
e) Subscriptions to newspapers, magazines, or periodicals.
f) Betting and lottery services.
g) Digital content delivered instantly in an electronic format.
If the right of withdrawal is exercised, the product and package will be inspected by YILDIZ ÇELİK SAN.TİC.LTD.ŞTİ.. The return shipping cost will be covered by the SELLER. The BUYER may submit their complaints and requests in writing or via a permanent data carrier to the SELLER.
ARTICLE 6. DEFAULT TERMS
If either party fails to fulfill their contractual obligations, the provisions of Articles 106-108 of the Turkish Code of Obligations on Default of Debtor will apply. In such cases, the non-performing party must be given a seven-day period to fulfill their obligations. If they fail to do so within this period, they will be deemed in default, and the other party will have the right to request performance or terminate the contract and claim compensation.
If unforeseen circumstances (force majeure) prevent the SELLER from delivering the product on time, the BUYER may choose to cancel the order or postpone the delivery until the issue is resolved. If the BUYER cancels the order, the amount paid will be refunded within fourteen days.
ARTICLE 7. COMPETENT COURT
In the implementation of this contract, the Consumer Arbitration Committees and Consumer Courts at the SELLER’s or BUYER’s place of residence have jurisdiction up to the value announced by the Ministry of Customs and Trade.
By placing an order, the BUYER is deemed to have accepted all the terms of this contract.