ARTICLE 2- SUBJECT
The subject of this contract is Şımart Teknoloji Sanayi ve Ticaret A.Ş. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, whose qualities and sales price are specified below, which are ordered electronically from the website.
ARTICLE 3- THE PRODUCT SUBJECT TO THE AGREEMENT
Product Name Number Total Product Amount ₺
Shipping Fee ₺
Grand Total ₺
The type and type, quantity, brand/model color of the products are as stated above.
with Total ₺
ARTICLE 4- GENERAL PROVISIONS
4.1- BUYER, Sımart Teknoloji Sanayi ve Ticaret A.Ş. declares that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website and has given the necessary confirmation in electronic environment.
4.2- The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s residence for each product, provided that it does not exceed the legal 3-day period.
4.3- 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.
4.4- 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.
4.5- 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 canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons, not due to the BUYER’s fault, after the delivery of the product, provided that the product has been delivered to the BUYER. It must be sent to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER.
4.7- If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to inform the BUYER. 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. In case the BUYER cancels the order, the amount paid is paid to him in cash and in full within 10 days.
4.8- Defective or damaged products of the products sold or not with the warranty certificate can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw within 7 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, the SELLER must be notified by fax, email or telephone within this period and the product must not be used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report indicating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. The product price is returned to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
ARTICLE 6- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be used for products that cannot be returned due to their nature, disposable products, software and programs that can be copied, products that deteriorate quickly or whose expiration date has passed. The use of the right of withdrawal in the following products is subject to the condition that the packaging of the product is unopened, intact and the product has not been used.
-Portable Computer (No refund will be accepted after the original operating system is installed.)
-All kinds of software and programs
-DVD, VCD, CD and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All kinds of cosmetic products
-Telephone top up orders
ARTICLE 7- AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade