1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.


'BUYER'; (hereinafter referred to as "BUYER" in the contract)

  1. NAME-SURNAME:

ADDRESS:
'SELLER'; (hereinafter referred to as "SELLER" in the contract)

  1. NAME-SURNAME:

ADDRESS:

By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and additional fees such as shipping costs and taxes, if any, if he/she approves the order subject to the contract, and that he/she has been informed about this.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below will refer to the written explanations opposite them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Consumer Protection Law No. 6502,

REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,

SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods.

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.

SITE: The website of the SELLER,

ORDERER: A natural or legal person who requests a good or service through the SELLER's website.

PARTIES: SELLER and BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.

TOPIC 3

This Agreement governs the rights and obligations of the parties in accordance with the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website. The prices listed and announced on the website are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised periodically are valid until the end of the specified period.

4.SELLER INFORMATION

Title: YELKEN MOLD WINDOW DOOR ACCESSORIES AND METAL INDUSTRY TRADE INC.

Address: Battalgazi Neighborhood, Ahmet Haşim Street, No:27 (Kıraç)

Phone: 0 212 771 01 01

Email:sales@fornax.com.tr

5. BUYER INFORMATION

Person to be delivered

Delivery Address

Telephone

Fax

Email/username

6. ORDERING PERSON INFORMATION

Name/Surname/Title

Address

Telephone

Fax

Email/username

7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT

7.1.The basic characteristics of the goods/products/services (type, quantity, brand/model, color, and number) are published on the SELLER's website. If the seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until its expiration date.

7.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product DescriptionPieceUnit PriceSubtotal (VAT included)
Shipping Amount
Total :

Payment Method and Plan

Delivery Address

Person to be delivered

Billing Address

Order Date

Delivery Date

Delivery Method

7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.

BILLING INFORMATION

Name/Surname/Title

Address

Telephone

Fax

Email/username

Invoice delivery: The invoice will be delivered together with the order to the billing address during order delivery.

9. GENERAL PROVISIONS

9.1.BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, BUYER acknowledges, declares, and undertakes to have obtained the address that should have been provided to BUYER by SELLER before the distance sales contract was established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.

9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days.

If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3.SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with warranty documents, user manuals, if any, and the necessary information and documents; to perform the work in accordance with the legal regulations, free from all defects, in a sound manner and in accordance with the standards, on the basis of honesty and integrity; to maintain and improve the service quality; to show the necessary care and attention during the performance of the work and to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.

9.5.If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and that it will refund the total price to the BUYER within 14 days. 

9.6.BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will be terminated.

9.7.BUYER, after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, if the price of the contractual product is not refunded by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons.

In case of non-payment to the SELLER, the BUYER accepts, declares and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs being borne by the SELLER.

9.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events beyond the parties' control, unforeseen circumstances that prevent and/or delay the fulfillment of the parties' obligations, the SELLER acknowledges, declares, and undertakes to notify the BUYER. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventive circumstances are resolved. If the order is canceled by the BUYER, the price of the product will be paid to the BUYER in cash within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.

9.9. SELLER has the right to contact BUYER via letter, email, SMS, phone calls, and other means for communication, marketing, notification, and other purposes, using the address, email address, landline and mobile telephone lines, and other contact information specified by BUYER on the site registration form or subsequently updated by BUYER. By accepting this agreement, BUYER acknowledges and declares that SELLER may engage in the aforementioned communication activities.

9.10. The BUYER must inspect the goods/services subject to the contract before accepting them; they will not accept damaged or defective goods/services (such as those with crushed, broken, torn packaging, etc.) from the cargo company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used in the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. BUYER declares and undertakes that the personal and other information provided by him while registering on the SELLER's website is true and correct, and that he will compensate SELLER for any damages he may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification from SELLER.

9.13. BUYER agrees and undertakes to comply with and not violate legal regulations when using SELLER's website. Otherwise, all legal and criminal liabilities arising will be fully and exclusively binding on BUYER.

9.14. BUYER may not use SELLER's website in any way that disrupts public order, violates morality, disturbs or harasss others, for any illegal purpose, or violates the material or moral rights of others. Furthermore, members may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.

9.15. SELLER's website may contain links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or its operator and do not constitute any guarantee regarding the information contained on the linked website.

9.16. Any member who violates one or more of the provisions of this agreement shall be personally and legally liable for such violation and shall hold the SELLER harmless from any legal or criminal consequences arising from such violation. Furthermore, should the matter be brought before the courts due to such violation, the SELLER reserves the right to seek compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1.If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address provided, without assuming any legal or criminal liability and without giving any justification, provided that he/she notifies the SELLER. In distance contracts relating to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that he/she has been informed of the right of withdrawal.

10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used in accordance with the provisions of this contract regarding "Products for which the Right of Withdrawal Cannot Be Used". In case of exercising this right, 

  1. The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporate. Returns of orders whose invoices are issued in the name of corporates will not be completed unless a RETURN INVOICE is issued.)
  2. Return form,
  3. The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
  4. The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
  5. If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period. 
  6. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Underwear bottoms, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared in line with the BUYER's request or clearly in line with their personal needs and are not suitable for return, goods that are in danger of deterioration or have expired, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under the subscription agreement, services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER.

In case of a refund, it is not possible according to the Regulation. Furthermore, it is not possible according to the Regulation to exercise the right of withdrawal for services that have begun with the consumer's approval before the expiration of the right of withdrawal period.

In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.

12. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES

The BUYER accepts, declares and undertakes that in the event of default in payment transactions made by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may take legal action.

may apply; may demand the expenses and attorney fees from the BUYER and in any case, in case the BUYER goes into default due to its debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

Complaints and objections in disputes arising from this contract,Consumer disputes will be brought before the arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified in the following law. Information regarding the monetary limits is provided below: 

Effective as of 28/05/2014:

  1. In accordance with Article 68 of the Consumer Protection Law No. 6502, disputes with a value below 2,000.00 (two thousand) TL shall be referred to the district consumer arbitration committees.
  2. In disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
  3. In provinces with metropolitan status, disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are filed with the provincial consumer arbitration committees. This Agreement is made for commercial purposes.

14. FORCE

The BUYER is deemed to have accepted all terms of this agreement upon payment for an order placed through the Site. The SELLER is obligated to make the necessary software adjustments to ensure that the BUYER has read and accepted this agreement on the Site before the order is placed.

SELLER: YELKEN MOLD WINDOW DOOR ACCESSORIES AND METAL INDUSTRY TRADE INC.

BUYER:

HISTORY:

CONSUMER RIGHTS – WITHDRAWAL – CANCELLATION RETURN CONDITIONS

GENERAL: 


If you place an order electronically through the website you are using, you are deemed to have accepted the preliminary information form and the distance sales contract presented to you.

  1. Buyers are subject to the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) and other applicable laws regarding the sale and delivery of the product they purchase.
  2. Shipping costs, which are the cost of shipping the product, will be paid by the buyers.
  3. Each purchased product will be delivered to the person and/or organization at the address specified by the buyer, provided that the legal period does not exceed 30 days. If the product is not delivered within this period, Buyers may terminate the contract.
  4. The purchased product must be delivered complete and in accordance with the specifications specified in the order, and with documents such as the warranty certificate and user manual, if any.
  5. If the sale of the purchased product becomes impossible, the seller must notify the Buyer in writing within 3 days of learning of this situation. The total price must be refunded to the Buyer within 14 days.
  6. IF THE PURCHASED PRODUCT IS NOT PAID: If the Buyer does not pay the price of the purchased product or cancels it in the bank records, the Seller's obligation to deliver the product ends.
  7. PURCHASES MADE WITH UNAUTHORIZED USE OF A CREDIT CARD:


If, after the product is delivered, it is determined that the credit card used by the Buyer for payment has been used unfairly by unauthorized persons and the price of the sold product is not paid to the Seller by the relevant bank or financial institution, the Buyer must return the contracted product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.

  1. IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNFORSE REASONS: 

If force majeure events beyond the Seller's control occur and the product cannot be delivered on time, the Buyer will be notified. The Buyer may request the cancellation of the order, the replacement of the product with a similar one, or the postponement of delivery until the obstacle is resolved. The Buyer may cancel the order.

If the buyer pays by cash, the product fee will be paid to the buyer within 14 days of the cancellation. If the buyer pays by credit card and cancels, the product fee will be refunded to the bank within 14 days of the cancellation. However, the bank is likely to transfer the money to the buyer's account within 2-3 weeks.

  1. BUYER'S OBLIGATION TO CHECK THE PRODUCT:


The Buyer must inspect the goods/services covered by the contract before accepting them; they will not accept damaged or defective goods/services (such as those with crushed, broken, torn packaging, etc.) from the courier company. The goods/services received will be deemed undamaged and intact. The Buyer must carefully protect the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned along with the product.

  1.  RIGHT OF WITHDRAWAL:


BUYER may exercise his right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason, provided that he notifies the SELLER via the contact information below, within 14 (fourteen) days from the date of delivery of the purchased product to him or to the person/organization at the address he has indicated.

  1. SELLER'S CONTACT INFORMATION FOR NOTIFICATION OF RIGHT OF WITHDRAWAL:
  2. COMPANY NAME/TITLE:

YELKEN MOLD WINDOW DOOR ACCESSORIES AND METAL INDUSTRY AND TRADE INC.

ADDRESS:

Battalgazi Neighborhood, Ahmet Haşim Street, No: 27 (Kıraç)

EMAIL: 

sales@fornax.com.tr

WIRE:

0 212 771 01 15

DURATION OF THE RIGHT OF WITHDRAWAL:


If the buyer is purchasing a service, this 14-day period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service begins with the consumer's consent before the expiration of the right of withdrawal period.

  1. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.
  2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set out in this contract.
  3. EXERCISE OF THE RIGHT OF WITHDRAWAL: The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is from a corporate entity, it must be sent along with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions will not be completed unless a RETURN INVOICE is issued.)
  1. Return form: The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
  2. RETURN CONDITIONS: The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
  1. If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
  2. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
  3. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:


According to the Regulation, it is not possible to return underwear, swimsuits, bikini bottoms, make-up materials, disposable products that are prepared at the BUYER's request or clearly in line with their personal needs and are not suitable for return; products that are in danger of rapid deterioration or have a potential expiration date; products that are unsuitable for return due to health and hygiene reasons if the packaging is opened by the BUYER after being delivered to the BUYER; products that are mixed with other products after delivery and cannot be separated by their nature; goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement; services performed instantly in electronic media or intangible goods delivered instantly to the consumer; audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal for services whose performance began with the consumer's consent before the expiration of the right of withdrawal period.

  1. In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.
  2. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES


BUYER acknowledges, declares, and undertakes that, if payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank in accordance with the credit card agreement between the bank and the cardholder. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER agrees to pay the SELLER any losses and damages incurred due to the delayed payment of the debt.

  1. PAYMENT AND DELIVERY


You can make the payment to any of our bank accounts (TL) by Bank Transfer or EFT (Electronic Fund Transfer).

  1. You can benefit from online single payment or online installment options with your credit cards through our website. For online payments, the amount will be deducted from your credit card at the end of your order.